Human rights manual and sourcebook for Africa:
Gespeichert in:
| Hauptverfasser: | , |
|---|---|
| Format: | Buch |
| Sprache: | English |
| Veröffentlicht: |
London
British Institute of International and Comparative Law
2005
|
| Schlagworte: | |
| Online-Zugang: | Inhaltsverzeichnis |
| Beschreibung: | This book comes out of the "Legal tools in Commonwealth Africa" project managed by the British Institute of International and Comparative Law in partnership with the Bar Human Rights committee of England and Wales and was mostly financed by the European Commission. Includes bibliographical references and index |
| Beschreibung: | LXXXVIII, 1391 S. 25 cm |
| ISBN: | 0903067846 9780903067843 |
Internformat
MARC
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| 100 | 1 | |a Starmer, Keir |d 1962- |e Verfasser |0 (DE-588)1175577243 |4 aut | |
| 245 | 1 | 0 | |a Human rights manual and sourcebook for Africa |c Keir Starmar and Theodora A. Christou; ed. by Kate Beattie ... [et al.] |
| 264 | 1 | |a London |b British Institute of International and Comparative Law |c 2005 | |
| 300 | |a LXXXVIII, 1391 S. |c 25 cm | ||
| 336 | |b txt |2 rdacontent | ||
| 337 | |b n |2 rdamedia | ||
| 338 | |b nc |2 rdacarrier | ||
| 500 | |a This book comes out of the "Legal tools in Commonwealth Africa" project managed by the British Institute of International and Comparative Law in partnership with the Bar Human Rights committee of England and Wales and was mostly financed by the European Commission. | ||
| 500 | |a Includes bibliographical references and index | ||
| 650 | 4 | |a Menschenrecht | |
| 650 | 4 | |a Civil rights |z Africa | |
| 650 | 4 | |a Human rights |z Africa |v Handbooks, manuals, etc | |
| 651 | 4 | |a Afrika | |
| 700 | 1 | |a Christou, Theodora A. |e Verfasser |4 aut | |
| 710 | 2 | |a British Institute of International and Comparative Law (London) |e Sonstige |0 (DE-588)2005942-5 |4 oth | |
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| 999 | |a oai:aleph.bib-bvb.de:BVB01-015041227 | ||
Datensatz im Suchindex
| _version_ | 1804135758419722240 |
|---|---|
| adam_text | OUTLINE CONTENTS
FUNDERS AND PROJECT PARTNER II
ABBREVIATIONS LV
TABLE OF CASES LVII
CASES BY SUBJECT LXV
INTRODUCTION AND ACKNOWLEDGEMENTS LXXXIX
HUMAN RIGHTS SECTION
1. USING HUMAN RIGHT STANDARDS IN COURT 3
2. CRIMINAL INVESTIGATIONS 8
3. ARREST AND PRE-TRIAL ISSUES 10
4. FAIR TRIAL 14
5. SENTENCE 19
6. APPEALS 21
7. PRISONERS 22
8. HUMAN RIGHTS SYSTEMS 25
DEATH PENALTY SECTION
9. RIGHTS REPORTS AND PRINCIPLES 79
CASE SUMMARIES SECTION
165
623
623
649
676
700
746
776
817
844
869
899
928
967
990
1017
1037
1071
BIBLIOGRAPHY 1089
10.
11.
12.
13.
14.
CASE SUMMARIES
COUNTRY FILES
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
11.13
BOTSWANA
CAMEROON
GHANA
KENYA
LESOTHO
MALAWI
NIGERIA
SIERRA LEONE
SWAZILAND
TANZANIA
UGANDA
ZAMBIA
ZIMBABWE
APPLICATION FORMS
INTERNET RESEARCH AND SOURCES
INTERNATIONAL TREATIES INDEX
AFRICA SECTION
APPENDIXES
DETAILED CONTENTS
FUNDERS AND PROJECT PARTNER II
ABBREVIATIONS LV
TABLE OF CASES LVII
CASES BY SUBJECT LXV
INTRODUCTION AND ACKNOWLEDGEMENTS LXXXIX
HUMAN RIGHTS SECTION
1. USING HUMAN RIGHT STANDARDS IN COURT 3
1.1 TREATIES 3
1.2 THE RIGHT OF ACCESS TO INTERNATIONAL HUMAN RIGHTS BODIES 3
1.3 UN TREATIES AND MONITORING BODIES 3
1.4 REGIONAL TREATIES AND MONITORING BODIES 4
1.4.1 AFRICA 4
1.4.2 AMERICA 5
1.4.3 EUROPE 5
1.5 NON-TREATY STANDARDS 6
1.6 THE STATUS OF INTERNATIONAL TREATIES IN DOMESTIC LAW 6
1.7 INTERPRETATION 7
2. CRIMINAL INVESTIGATIONS 8
2.1 SURVEILLANCE 8
2.2 INFORMERS AND UNDERCOVER OFFICERS 8
2.3 SEARCH AND SEIZURE 8
2.4 FINGERPRINTS, SAMPLES, AND PERSONAL DATA 9
3. ARREST AND PRE-TRIAL ISSUES 10
3.1 BASIC PROVISIONS 10
3.2 REASONABLE SUSPICION 10
3.3 REASONS 10
3.4 THE USE OF FORCE 11
3.5 ACCESS TO A LAWYER 11
3.6 QUESTIONING 11
3.7 THE RIGHT TO BE BROUGHT PROMPTLY BEFORE A COURT 11
3.8 BAIL 12
3.9 CONDITIONS OF DETENTION AND ILL-TREATMENT 12
3.10 HABEAS CORPUS 13
4. FAIR TRIAL 14
4.1 BASIC PROVISIONS 14
4.2 THE RIGHT TO BE INFORMED OF THE CHARGE 14
4.3 LENGTH OF PRE-TRIAL DETENTION 14
4.4 ADEQUATE TIME AND FACILITIES FOR THE DEFENCE 14
4.5 LEGAL AID AND LEGAL REPRESENTATION 15
4.6 DISCLOSURE 15
4.7 AN INDEPENDENT AND IMPARTIAL COURT 15
4.8 PUBLIC HEARING 16
4.9 PRESENCE OF THE ACCUSED 16
4.10 INTERPRETATION AND TRANSLATION 16
4.11 THE PRESUMPTION OF INNOCENCE 16
4.12 EQUALITY OF ARMS 16
I DETAILED CONTENTS
4.13 WITNESSES 17
4.14 UNLAWFULLY OBTAINED EVIDENCE 17
4.15 THE RIGHT TO SILENCE 17
4.16 CHILDREN 18
4.17 TRIAL WITHIN A REASONABLE PERIOD 18
4.18 RETROACTIVE OFFENCES 18
5. SENTENCE 19
5.1 INHUMAN AND DEGRADING SENTENCES 19
5.2 FAIR TRIAL GUARANTEES 19
5.3 RETROACTIVE PENALTIES 19
5.4 PROPORTIONALITY 19
5.5 CORPORAL PUNISHMENT 20
5.6 CIVIL IMPRISONMENT 20
6. APPEALS 21
6.1 FAIR TRIAL GUARANTEES 21
6.2 LEGAL AID REPRESENTATION 21
6.3 PRESENCE OF THE APPELLANT 21
7. PRISONERS 22
7.1 BASIC PROVISIONS 22
7.2 PRISON CONDITIONS 22
7.3 PRIVACY AND FAMILY LIFE 24
7.4 CORRESPONDENCE 24
7.5 MEDICAL TREATMENT 24
8. HUMAN RIGHTS SYSTEMS 25
8.1 THE AFRICAN SYSTEM 25
8.1.1 INTRODUCTION 25
THE AFRICAN UNION 25
THE FINANCIAL INSTITUTIONS 26
8.1.2 TREATIES 26
SUBSTANTIVE ARTICLES 27
AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS 27
AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD 27
8.1.3 HUMAN RIGHTS BODIES 28
THE AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS 28
THE AFRICAN COURT ON HUMAN AND PEOPLES RIGHTS 28
THE AFRICAN COMMITTEE OF EXPERTS ON THE RIGHTS AND WELFARE OF THE CHILD
30
8.1.4 MAKING AN APPLICATION 30
PROCEDURE 30
THE AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS 30
INTRODUCTION 30
ADMISSIBILITY CRITERIA 31
SEIZURE 32
DECISION ON ADMISSIBILITY 32
ADMISSIBILITY OF A COMMUNICATION 32
PROCEDURE FOLLOWING ADMISSION 33
AMICABLE RESOLUTION 33
EVIDENCE AND BURDEN OF PROOF 33
CONSIDERATION ON THE MERITS 34
RECOMMENDATIONS 34
FOLLOW-UP ON THE COMMISSION S RECOMMENDATIONS 35
INTERIM OR PROVISIONAL MEASURES 35
PROCEDURE FOR INTERSTATE COMMUNICATIONS 35
EXHAUSTION OF DOMESTIC REMEDIES 36
THE AFRICAN COMMITTEE OF EXPERTS ON THE RIGHTS AND WELFARE OF THE CHILD
36
DETAILED CONTENTS XI
THE REPORTING PROCEDURE 37
COMMUNICATIONS 37
INVESTIGATIONS 37
8.1.5 CONTACT DETAILS 38
8.1.6 SOURCES 38
8.2 THE INTER-AMERICAN SYSTEM 38
8.2.1 INTRODUCTION 39
8.2.2 TREATIES 39
THE AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN 39
THE AMERICAN CONVENTION ON HUMAN RIGHTS 40
ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN
THE AREA OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS 41
PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE
DEATH PENALTY 41
THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE 41
THE INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS 42
THE INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT, AND
ERADICATION OF VIOLENCE AGAINST WOMEN 42
INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST PERSONS WITH DISABILITIES 42
OTHER RELEVANT TREATIES/CONVENTIONS 42
8.2.3 HUMAN RIGHTS BODIES 43
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 43
THE INTER-AMERICAN COURT OF HUMAN RIGHTS 44
8.2.4 MAKING AN APPLICATION 45
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 45
COMMISSION PROCESSING OF INDIVIDUAL CASES 45
INDIVIDUAL COMPLAINTS 45
ADMISSIBILITY CRITERIA 46
PRECAUTIONARY MEASURES 46
ADMISSIBILITY 46
DECISIONS ON ADMISSIBILITY 46
PROCEDURE FOLLOWING ADMISSION 46
REFERRAL OF CASES TO THE COURT 47
SUBMISSION TO THE COURT 47
THE INTER-AMERICAN COURT ON HUMAN RIGHTS 48
ADVISORY OPINION 48
REFERRAL OF CASES TO THE COURT 48
PROCEDURE BEFORE THE COURT 49
EVIDENCE 49
AMICABLE RESOLUTION 49
PROVISIONAL MEASURES 49
8.2.5 CONTACT DETAILS 50
8.2.6 SOURCES 50
8.3 THE ARAB SYSTEM 50
8.3.1 INTRODUCTION 50
8.3.2 TREATIES 52
ARAB CHARTER ON HUMAN RIGHTS 52
SUBSTANTIVE ARTICLES 52
8.3.3 CONTACT DETAILS 53
8.4 THE EUROPEAN SYSTEM 53
8.4.1 INTRODUCTION 53
8.4.2 TREATIES 54
EUROPEAN CONVENTION ON HUMAN RIGHTS AND PROTOCOLS 1-13 54
SUBSTANTIVE ARTICLES 54
EUROPEAN CONVENTION FOR THE PREVENTION OR TORTURE AND INHUMAN AND
DEGRADING TREATMENT OR PUNISHMENT 55
XII DETAILED CONTENTS
8.4.3 HUMAN RIGHTS BODIES 56
EUROPEAN COURT OF HUMAN RIGHTS 56
COMPOSITION OF THE COURT 56
8.4.4 MAKING AN APPLICATION 56
EUROPEAN COURT OF HUMAN RIGHTS 56
ADMISSIBILITY CRITERIA 57
URGENT CASES AND INTERIM MEASURES 57
DECISION ON ADMISSIBILITY 57
PROCEDURE FOLLOWING ADMISSION 58
JUDGMENTS 58
THIRD PARTY INTERVENTIONS (ARTICLE 36) 59
APPEALS 59
STRIKING OUT OF THE LIST (ARTICLE 37) 59
BINDING FORCE AND EXECUTION OF JUDGMENTS 59
ADVISORY OPINIONS (ARTICLE 47) 59
THE EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE (CPT) 60
8.4.5 CONTACT DETAILS 60
8.4.6 SOURCES 60
8.5 THE UN SYSTEM 61
8.5.1 INTRODUCTION 61
HUMAN RIGHTS LAW 61
8.5.2 TREATIES 61
OTHER RELEVANT TREATIES 63
8.5.3 HUMAN RIGHTS BODIES 63
CHARTER BODIES 64
COMMISSION ON HUMAN RIGHTS 64
THE SUB-COMMISSION ON THE PROMOTION AND PROTECTION OF HUMAN
RIGHTS 64
TREATY MONITORING BODIES 65
HUMAN RIGHTS COMMITTEE 66
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS 66
COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION 66
COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN 67
COMMITTEE AGAINST TORTURE 67
COMMITTEE ON THE RIGHTS OF THE CHILD 67
THE INTERNATIONAL COURT OF JUSTICE 68
8.5.4 MAKING AN APPLICATION 68
CONSIDERATION OF INDIVIDUAL COMPLAINTS OR COMMUNICATIONS 68
HUMAN RIGHTS COMMITTEE 69
URGENT MEASURES 69
ADMISSIBILITY CRITERIA 69
PROCEDURES FOLLOWING ADMISSION 70
OTHER COMMITTEES 70
COMMITTEE ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS 71
COMMITTEE ON THE ELIMINATION OR RACIAL DISCRIMINATION 71
COMMITTEE ON THE RIGHTS OF THE CHILD 71
INDIVIDUAL COMMUNICATIONS (ARTICLE 77) 71
INTER-STATE COMMUNICATIONS (ARTICLE 76) 71
INTERNATIONAL COURT OF JUSTICE 72
CONTENTIOUS CASES BETWEEN STATES 72
ADVISORY OPINIONS 73
8.5.5 CONTACT DETAILS 73
8.5.6 SOURCES 74
DEATH PENALTY SECTION
9. RIGHTS REPORTS AND PRINCIPLES 79
9.1 THE RIGHT TO LIFE 79
9.1.1 DEFINITION 79
DETAILED CONTENTS XIII
9.1.2 INTERNATIONAL AND REGIONAL INSTRUMENTS 79
9.1.3 MONITORING BODIES 82
9.1.4 THE RIGHT TO LIFE AND THE DEATH PENALTY 82
9.1.5 RELEVANT PRINCIPLES 88
9.1.6 RELEVANT CASE LAW 89
9.2 THE RIGHT TO LIBERTY AND SECURITY OF THE PERSON 89
9.2.1 INTERNATIONAL AND REGIONAL INSTRUMENTS 89
9.2.2 MONITORING BODIES 92
9.2.3 RIGHT TO LIBERTY AND SECURITY OF PERSON AND THE DEATH PENALTY 92
9.2.4 RELEVANT CASE LAW 94
9.3 RIGHT TO A FAIR TRIAL 96
9.3.1 INTERNATIONAL AND REGIONAL INSTRUMENTS 96
INTERNATIONAL INSTRUMENTS 96
REGIONAL INSTRUMENTS 100
NON-TREATY BASED LAW 103
9.3.2 MONITORING BODIES 106
9.3.3 THE RIGHT TO A FAIR TRIAL AND THE DEATH PENALTY 106
INTERNATIONAL FAIR TRIAL STANDARDS AND THE DEATH PENALTY 106
RIGHT TO A FAIR TRIAL AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT,
AND IMPARTIAL TRIBUNAL 108
RIGHT TO BE TRIED WITHOUT UNDUE DELAY OR WITHIN A REASONABLE TIME AND
THE RIGHT OF AN ACCUSED TO HAVE ADEQUATE TIME FOR PREPARATION OF HIS
DEFENCE 111
RIGHT TO LEGAL ASSISTANCE AND PROPER DEFENCE 112
RIGHT TO APPEAL TO A HIGHER JUDICIAL BODY 113
9.3.4 RELEVANT PRINCIPLES 114
9.3.5 RELEVANT CASE LAW 115
THE RIGHT TO A FAIR HEARING 115
THE RIGHT TO BE TRIED BY AN INDEPENDENT AND IMPARTIAL TRIBUNAL 115
THE RIGHT TO BE TRIED WITHOUT UNDUE DELAY 115
THE RIGHT TO EFFECTIVE ASSISTANCE 115
9.4 TORTURE AND CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT 116
9.4.1 DEFINITIONS 116
9.4.2 INTERNATIONAL AND REGIONAL INSTRUMENTS 116
INTERNATIONAL INSTRUMENTS 116
REGIONAL INSTRUMENTS 119
9.4.3 MONITORING BODIES 120
9.4.4 TORTURE AND THE DEATH PENALTY 121
9.4.5 RELEVANT PRINCIPLES 124
9.4.6 RELEVANT CASE LAW 124
TORTURE AND THE DEATH PENALTY 124
TORTURE IN DETENTION/POLICE CUSTODY 125
TORTURE AND DISAPPEARANCE/DEATH IN CUSTODY 125
9.5 THE DEATH ROW PHENOMENON 125
9.5.1 DEFINITION 125
9.5.2 COMMENTARY 126
COLLATERAL ATTACKS 126
9.5.3 RELEVANT PRINCIPLES 131
DELAY 131
NOTICE OF EXECUTION AND THE EXECUTION WARRANT 132
MERCY 132
9.5.4 RELEVANT CASE LAW 132
9.5.5 BIBLIOGRAPHY 132
9.6 THE MANDATORY DEATH PENALTY 133
9.6.1 DEFINITION 133
9.6.2 COMMENTARY 133
9.6.3 RELEVANT PRINCIPLES 144
SENTENCING CRITERIA/GUIDELINES 145
XIV DETAILED CONTENTS
9.6.4 RELEVANT CASE LAW 145
9.6.5 BIBLIOGRAPHY 146
9.7 RIGHTS OF JUVENILES 146
9.7.1 DEFINITION 147
9.7.2 INTERNATIONAL AND REGIONAL INSTRUMENTS 147
INTERNATIONAL INSTRUMENTS 147
REGIONAL INSTRUMENTS 149
9.7.3 MONITORING BODIES 150
INTERNATIONAL 150
REGIONAL 150
9.7.4 JUVENILES AND THE DEATH PENALTY 151
9.7.5 RELEVANT PRINCIPLES 154
9.7.6 RELEVANT CASE LAW 154
THE JUVENILE DEATH PENALTY AND CUSTOMARY INTERNATIONAL LAW 154
FAIR TRIAL OF MINORS 155
CASE LAW FROM THE UNITED STATES 155
9.8 THE DEATH PENALTY AND DIMINISHED MENTAL CAPACITY 155
9.8.1 DEFINITION 155
9.8.2 INTERNATIONAL AND REGIONAL INSTRUMENTS 156
INTERNATIONAL INSTRUMENTS 156
9.8.3 MONITORING BODIES 157
UN SPECIAL RAPPORTEUR ON EXTRAJUDICIAL, SUMMARY, OR ARBITARY
EXECUTIONS 157
9.8.4 DIMINISHED MENTAL CAPACITY AND THE DEATH PENALTY 157
9.8.5 RELEVANT PRINCIPLES 159
9.8.6 RELEVANT CASE LAW 159
9.9 PREGNANT WOMEN AND THE DEATH PENALTY 159
9.9.1 DEFINITION 159
9.9.2 INTERNATIONAL AND REGIONAL INSTRUMENTS 159
INTERNATIONAL INSTRUMENTS 159
GENEVA CONVENTIONS 160
REGIONAL INSTRUMENTS 160
9.9.3 MONITORING BODIES 160
9.9.4 PREGNANCY AND THE DEATH PENALTY 160
9.9.5 RELEVANT PRINCIPLES 161
9.9.6 RELEVANT CASE LAW 161
CASE SUMMARIES SECTION
10. CASE SUMMARIES 165
10.1 AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS 165
10.2 THE AMERICAN SYSTEM 172
10.2.1 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 172
10.2.2 INTER-AMERICAN COURT ON HUMAN RIGHTS 182
10.3 THE EUROPEAN SYSTEM 191
10.3.1 EUROPEAN COMMISSION ON HUMAN RIGHTS 191
10.3.2 EUROPEAN COURT OF HUMAN RIGHTS 192
10.4 THE UN SYSTEM 389
10.4.1 COMMITTEE AGAINST TORTURE 389
10.4.2 HUMAN RIGHTS COMMITTEE 399
10.5 PRIVY COUNCIL 528
10.6 OTHER COURTS 558
10.6.1 SOUTH AFRICAN CONSTITUTIONAL COURT 558
10.6.2 NATIONAL AFRICAN DOMESTIC CASES 580
CAMEROON 580
GHANA 582
LESOTHO 583
MALAWI 590
DETAILED CONTENTS XV
NIGERIA 593
SIERRA LEONE 599
TANZANIA 604
UGANDA 606
ZAMBIA 615
AFRICA SECTION
11. COUNTRY FILES 623
11.1 BOTSWANA 623
PART 1: INTERNATIONAL INSTRUMENTS 623
11.1.1 INTERNATIONAL INSTRUMENTS 623
11.1.2 AFRICAN AND NATIONAL INSTRUMENTS 623
INCOMPATIBILITY 623
PART 2: INTERNATIONAL STANDARDS 624
11.1.3 JUVENILE OFFENDERS 624
11.1.4 PREGNANT WOMEN 624
11.1.5 CLEMENCY/PARDON 624
11.1.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 624
SPECIAL PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 624
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDENT
CHILDREN 624
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 624
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 624
11.1.7 CLEMENCY/MERCY 625
11.1.8 EXTRADITION 625
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 625
ENFORCEMENT 625
OFFENCES 625
CASE-LAW 625
LEGAL PROVISIONS REGULATING PROCEDURES FOR EXTRADITION 625
ASSOCIATED STATES 625
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 625
PART 3: STATISTICS 626
11.1.9 NUMBER OF DEATH SENTENCES PASSED 626
11.1.10 NUMBER OF EXECUTIONS 626
11.1.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY 626
11.1.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 626
11.1.13 THE YOUNGEST PERSON SENTENCED TO DEATH 626
11.1.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS,
AND COMMUTATIONS 626
11.1.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 626
11.1.16 APPEALS 626
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 626
NUMBER AWAITING THE OUTCOME OF AN APPEAL 627
11.1.17 EXTRA-JUDICIAL EXECUTIONS 627
PART 4: LEGAL FRAMEWORK 627
11.1.18 STATUS 627
11.1.19 MORATORIUM 627
11.1.20 METHOD OF EXECUTION 627
11.1.21 SCOPE 627
11.1.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 628
PENAL CODE 628
BOTSWANA DEFENCE FORCES ACT 629
XVI DETAILED CONTENTS
11.1.23 CONSTITUTIONAL PROVISIONS AND CHALLENGES 630
RIGHT TO LIFE 630
RIGHT TO LIBERTY 630
PROHIBITION OF TORTURE 631
RIGHT TO FAIR TRIAL 632
APPLICATION OF THE DEATH PENALTY 633
CLEMENCY/MERCY /PARDON 633
SAVING CLAUSES 633
DECLARATION RELATING TO EMERGENCIES 634
APPLICATION OF INTERNATIONAL LAW 634
PART 5: LEGAL SYSTEM 634
11.1.24 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 634
11.1.25 THE BOTSWANA COURT SYSTEM 634
SUPERIOR COURTS 636
COURT OF APPEAL 636
HIGH COURT 637
INFERIOR COURTS 637
MAGISTRATES COURTS 638
OTHER INFERIOR COURTS 638
11.1.26 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE?
638
11.1.27 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF MURDER
639
11.1.28 PRE-TRIAL 639
11.1.29 ARREST 639
CONDITIONS TO ARREST 639
REASONS GIVEN FOR ARREST 639
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 639
DETENTION 639
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 639
TREATMENT OF ARRESTED PEOPLE 639
CORRESPONDENCE 639
DEATHS IN CUSTODY 639
MECHANISM TO PREVENT TORTURE 640
SECRET/INCOMMUNICADO DETENTION 640
POWER OF THE ATTORNEY-GENERAL POWER PRE-TRIAL 640
REQUEST AN ARREST 640
ALTERNATIVE TO PUBLIC PROSECUTION 640
11.1.30 SEARCH AND SEIZURE 640
SEARCH 640
SEIZURE 641
11.1.31 CONFESSIONS 641
INVESTIGATIONS 641
11.1.32 BAIL AND RELEASE 641
11.1.33 THE CHARGE 641
11.1.34 LEGAL REPRESENTATION AND RELATED RIGHTS 642
LEGAL REPRESENTATION BY APPOINTED OR CHOSEN; RIGHT TO LEGAL
ASSISTANCE 642
11.1.35 THE PLEA 642
11.1.36 CASE PREPARATION 642
HOW MUCH TIME ANY PLEA FOR EXTENSION ALLOWED 642
11.1.37 DISCLOSURE 643
11.1.38 TRIAL 643
11.1.39 RIGHT TO TRIAL 643
11.1.40 TRIAL DETAILS 643
DURATION 643
JURY SYSTEM AND JUDGES 643
JUDGES 643
RULES TO PREVENT UNDUE DELAY 643
TYPE OF QUESTIONS ASKED BY PARTIES 643
RIGHT TO REMAIN SILENT AT TRIAL 644
DETAILED CONTENTS XVII
11.1.41 EVIDENCE 644
PREVIOUS CONVICTIONS 644
ADMISSIBLE EVIDENCE 644
HEARSAY 644
CONFESSION 644
DOCUMENT 644
STATEMENT 644
VOLUNTARY STATEMENT FROM ABROAD 644
EXPERT WITNESS AND EVIDENCE 644
EXAMINATION OF WITNESSES BEFORE THE TRIAL 645
11.1.42 POST TRIAL 645
11.1.43 REVIEWS AND APPEALS 645
APPEAL 645
THE PROCESS 645
AVAILABILITY 645
REPRESENTATION 645
OUTCOME 645
REVIEW 645
BACKLOG 645
SELF-INCRIMINATION 649
RETROACTIVE APPLICATION OF CRIMINAL LAW 646
DOUBLE JEOPARDY 646
11.1.44 LEGAL REPRESENTATION AND LEGAL AID 646
11.1.45 COMPENSATION AND RESTITUTION 646
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION 646
TYPE OF COMPENSATION OR RESTITUTION 646
11.1.46 SERVING SENTENCE/PAROLE 646
SENTENCING*MITIGATING FACTORS 646
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL,
CONDITIONS) 646
DEATH ROW PHENOMENON 646
DEATH ROW 646
DEATHS IN CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 647
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 647
PAROLE 647
TREATMENT OF DEATH ROW PRISONERS 647
11.1.47 DEATH WARRANT 647
11.1.48 EXECUTION 647
PUBLIC/PRIVATE 647
EXECUTIONS PENDING TRIAL/APPEAL 648
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 648
PART 6: GENERAL HUMAN RIGHTS ISSUES 648
11.1.49 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 648
11.1.50 FAIR TRIAL 648
11.1.51 REFORM AND IMPROVEMENT 648
11.1.52 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 648
11.1.53 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 648
11.1.54 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
648
11.1.55 CUSTODY AND RESPECT OF HUMAN RIGHTS OF OFFICIALS 648
11.1.56 MOST DIFFICULT CHALLENGE(S) BEING FACED BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 649
11.1.57 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 649
11.1.58 GENERAL TRENDS IN DEATH PENALTY CASES 649
XVIII DETAILED CONTENTS
11.2 CAMEROON 649
PART 1: INTERNATIONAL INSTRUMENTS 649
11.2.1 INTERNATIONAL INSTRUMENTS 649
11.2.2 AFRICAN AND NATIONAL INSTRUMENTS 651
INCOMPATABILITY 651
PART 2: INTERNATIONAL STANDARDS 652
11.2.3 JUVENILE OFFENDERS 652
11.2.4 PREGNANT WOMAN 652
11.2.5 CLEMENCY/PARDON 652
11.2.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 652
SPECIAL PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 652
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 652
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 652
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 652
11.2.7 CLEMENCY/MERCY 653
STATISTICS 653
11.2.8 EXTRADITION 653
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 653
ENFORCEMENT 653
OFFENCES 654
CASE-LAW 654
LEGAL PROVISIONS REGULATING PROCEDURES FOR EXTRADITION 656
ASSOCIATED STATES 656
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 656
PART 3: STATISTICS 657
11.2.9 NUMBER OF DEATH SENTENCES PASSED 657
11.2.10 NUMBER OF EXECUTIONS 657
11.2.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED? 657
11.2.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 657
11.2.13 THE YOUNGEST PERSON SENTENCED TO DEATH 658
11.2.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCE, EXECUTIONS,
PARDONS,
AND COMMUTATIONS; LEGAL AND ADMINISTRATIVE REGULATIONS ON THE
COMPILATION
AND RETENTION OF SUCH STATISTICS 658
11.2.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 658
11.2.16 APPEALS 658
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 658
NUMBER AWAITING THE OUTCOME OF AN APPEAL 658
11.2.17 EXTRA-JUDICIAL EXECUTIONS 658
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 658
PART 4: LEGAL FRAMEWORK 659
11.2.18 STATUS 659
11.2.19 SCOPE 659
11.2.20 MORATORIUM 659
11.2.21 METHOD OF EXECUTION 659
11.2.22 CRIMES PUNISHABLE BY THE DEATH PENALTY 659
11.2.23 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 659
CRIMINAL PROVISIONS 659
11.2.24 CONSTITUTIONAL PROVISIONS AND CHALLENGES 660
11.2.25 CASE-LAW 662
PART 5: LEGAL SYSTEM 663
11.2.26 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 663
DETAILED CONTENTS XIX
11.2.27 THE CAMEROON COURT SYSTEM 663
THE MAGISTRATES COURT 664
THE HIGH COURT 664
THE COURT OF APPEAL 664
THE SUPREME COURT 664
THE STATE SECURITY COURT 664
THE MILITARY COURT 664
THE COURT OF IMPEACHMENT 665
11.2.28 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE?
665
COURT RECOGNIZED BY LAW AND OTHER COURTS 665
11.2.29 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF MURDER
665
11.2.30 PRE-TRIAL 665
11.2.31 ARREST 665
CONDITIONS TO ARREST 665
REASONS GIVEN FOR ARREST 666
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 666
DETENTION 666
MAXIMUM DETENTION TIME 666
EXTENSION OF THIS TIME 666
TREATMENT OF ARRESTED PEOPLE 666
CORRESPONDENCE 666
DEATHS IN CUSTODY 666
MECHANISM TO PREVENT TORTURE 666
SECRET/INCOMMUNICADO DETENTION 667
POWER OF THE ATTORNEY-GENERAL PRE-TRIAL 667
REQUEST AN ARREST 667
DECLINES TO PROSECUTE 667
11.2.32 SEARCH AND SEIZURE 667
AUTHORISED BY THE COURT AND CARRIED OUT WITHOUT AUTHORIZATION 667
INSTANCES OF SEARCHES CARRIED OUT WITHOUT AUTHORIZATION 667
11.2.33 CONFESSIONS 668
INVESTIGATIONS 668
11.2.34 BAIL AND RELEASE 668
11.2.35 THE CHARGE 668
CRITERIA 668
11.2.36 LEGAL REPRESENTATION AND RELATED RIGHTS 668
11.2.37 THE PLEA 669
PROCEDURE FOR GUILTY PLEA 669
NOT GUILTY PLEA 669
11.2.38 CASE PREPARATION 669
HOW MUCH TIME ANY PLEA FOR EXTENSION ALLOWED 669
11.2.39 DISCLOSURE 669
PROSECUTION 669
DEFENCE 669
11.2.40 TRIAL 669
11.2.41 GUARANTEED A RIGHT TO TRIAL 669
11.2.42 TRIAL DETAILS 669
DURATION 669
JURY SYSTEM AND JUDGES 670
JURY SELECTION 670
JURY INSTRUCTIONS PRELIMINARY 670
JUDGES 670
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 670
TYPE OF QUESTIONS ASKED BY PARTIES 670
RIGHT TO REMAIN SILENT AT TRIAL 670
11.2.43 EVIDENCE 670
PREVIOUS CONVICTIONS 670
ADMISSIBLE EVIDENCE 671
DETAILED CONTENTS
HEARSAY 671.
CONFESSION 671
DOCUMENT 671
STATEMENT 671
VOLUNTARY STATEMENT FROM ABROAD 671
EXPERT WITNESS AND EVIDENCE 671
EXAMINATION OF WITNESSES BEFORE THE TRIAL 671
11.2.44 POST-TRIAL 671
11.2.45 REVIEWS AND APPEALS 671
APPEAL 671
THE PROCESS 671
AVAILABILITY 672
REPRESENTATION 672
OUTCOME 672
REVIEW 672
BACKLOG 672
SELF-INCRIMINATION, RETROACTIVE APPLICATION OF CRIMINAL LAW, DOUBLE
JEOPARDY 672
11.2.46 LEGAL REPRESENTATION AND LEGAL AID 672
11.2.47 COMPENSATION AND RESTITUTION 672
TYPE OF COMPENSATION OR RESTITUTION 672
11.2.48 SERVING SENTENCE/PAROLE 672
SENTENCING*MITIGATING FACTORS 672
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 673
DEATH ROW PHENOMENON 673
DEATH ROW 673
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 673
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 673
PAROLE 673
TREATMENT OF DEATH ROW PRISONERS 673
11.2.49 DEATH WARRANT 673
11.2.50 EXECUTION 673
PUBLIC/PRIVATE 673
METHOD 674
PART 6: GENERAL HUMAN RIGHTS ISSUES 674
11.2.51 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 674
11.2.52 FAIR TRIAL 674
11.2.53 REFORM AND IMPROVEMENT 674
11.2.54 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 675
11.2.55 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE
DEATH PENALTY 675
11.2.56 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
675
11.2.57 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 675
11.2.58 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 675
11.2.59 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 675
11.2.60 GENERAL TRENDS IN DEATH PENALTY CASES 676
11.3 GHANA 676
PART 1: INTERNATIONAL INSTRUMENTS 676
11.3.1 INTERNATIONAL INSTRUMENTS 676
11.3.2 AFRICAN AND NATIONAL INSTRUMENTS 676
INCOMPATIBILITY 676
PART 2: INTERNATIONAL STANDARDS 676
11.3.3 JUVENILE OFFENDERS 676
11.3.4 PREGNANT WOMAN 677
DETAILED CONTENTS XXI
11.3.5 CLEMENCY/PARDON 677
11.3.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 677
SPECIAL PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 677
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 677
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 677
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 677
11.3.7 CLEMENCY/MERCY 677
RIGHT TO SEEK PARDON OR COMMUTATION IN ALL DEATH PENALTY CASES OR
FOR SPECIFIC CRIMES 677
STATISTICS 678
11.3.8 EXTRADITION 678
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 678
ENFORCEMENT 678
OFFENCES 678
CASE-LAW 678
LEGAL PROVISIONS REGULATING PROCEDURES FOR EXTRADITION 678
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 678
ASSOCIATED STATES 679
PART 3: STATISTICS 679
11.3.9 NUMBER OF DEATH SENTENCES PASSED 679
11.3.10 NUMBER OF EXECUTIONS 679
11.3.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED? 680
11.3.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 680
11.3.13 THE YOUNGEST PERSON SENTENCED TO DEATH 680
11.3.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCE, EXECUTIONS,
PARDONS,
AND COMMUTATIONS 681
11.3.15 LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION AND
RETENTION OF
SUCH STATISTICS 681
11.3.16 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 681
11.3.17 APPEALS 681
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 681
NUMBER AWAITING THE OUTCOME OF AN APPEAL 681
11.3.18 EXTRA-JUDICIAL EXECUTIONS 681
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 681
PART 4: LEGAL FRAMEWORK 682
11.3.19 STATUS 682
11.3.20 MORATORIUM 682
11.3.21 METHOD OF EXECUTION 682
11.3.22 SCOPE 682
11.3.23 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 682
CRIMINAL CODE 1960, ACT 29 682
11.3.24 CONSTITUTIONAL PROVISIONS 683
RIGHT TO LIFE 683
RIGHT TO LIBERTY 683
PROHIBITION OF TORTURE/RESPECT FOR HUMAN DIGNITY 684
RIGHT TO FAIR TRIAL 684
APPLICATION OF THE DEATH PENALTY 686
CLEMENCY/MERCY PARDON 686
SAVING CLAUSES 687
APPLICATION OF INTERNATIONAL LAW 687
DETAILED CONTENTS
PART 5: LEGAL SYSTEM
11.3.25 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 688
11.3.26 THE GHANAIAN COURT SYSTEM 688
SUPREME COURT 688
COURT OF APPEAL 688
HIGH COURT 688
CIRCUIT COURTS 689
DISTRICT COURTS 689
MILITARY TRIBUNALS 689
11.3.27 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE?
689
COURT RECOGNIZED BY LAW AND OTHER COURTS 689
11.3.28 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF MURDER
690
11.3.29 PRE-TRIAL 690
11.3.30 ARREST 690
CONDITIONS TO ARREST 690
REASONS GIVEN FOR ARREST 690
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 690
DETENTION 690
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 690
TREATMENT OF ARRESTED PEOPLE 690
CORRESPONDENCE 691
DEATHS IN CUSTODY 691
MECHANISM TO PREVENT TORTURE 691
SECRET/INCOMMUNICADO DETENTION 691
POWER OF THE ATTORNEY-GENERAL PRE-TRIAL 691
REQUEST AN ARREST 691
DECLINES TO PROSECUTE 691
11.3.31 SEARCH AND SEIZURE 691
11.3.32 CONFESSIONS 692
INVESTIGATIONS 692
11.3.33 BAIL AND RELEASE 692
11.3.34 THE CHARGE 692
CRITERIA 692
11.3.35 LEGAL REPRESENTATION AND RELATED RIGHTS 692
11.3.36 THE PLEA 692
PROCEDURE FOR GUILTY PLEA 692
NOT GUILTY PLEA 692
11.3.37 CASE PREPARATION 693
HOW MUCH TIME ANY PLEA FOR EXTENSION ALLOWED 693
11.3.38 DISCLOSURE 693
PROSECUTION 693
DEFENCE 693
11.3.39 TRIAL 693
11.3.40 GUARANTEED A RIGHT TO TRIAL 693
11.3.41 TRIAL DETAILS 693
DURATION 693
JURY SYSTEM AND JUDGES 693
JURY SELECTION 693
JUDGES 693
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 693
TYPE OF QUESTIONS ASKED BY PARTIES 694
11.3.42 EVIDENCE 694
ADMISSIBLE EVIDENCE 694
HEARSAY 694
CONFESSION 694
DOCUMENT 694
STATEMENT 694
VOLUNTARY STATEMENT FROM ABROAD 694
EXPERT WITNESS AND EVIDENCE 695
DETAILED CONTENTS XXIII
11.3.43 POST-TRIAL 695
11.3.44 REVIEWS AND APPEALS 695
APPEAL 695
THE PROCESS 695
AVAILABILITY 695
REPRESENTATION 695
OUTCOME 695
REVIEW 695
BACKLOG 695
SELF-INCRIMINATION 695
11.3.45 LEGAL REPRESENTATION AND LEGAL AID 696
11.3.46 COMPENSATION AND RESTITUTION 696
TYPE OF COMPENSATION OR RESTITUTION 696
11.3.47 SERVING SENTENCE/PAROLE 696
SENTENCING*MITIGATING FACTORS 696
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 696
DEATH ROW PHENOMENON 696
DEATH ROW 696
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 696
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 696
PAROLE 697
TREATMENT OF DEATH ROW PRISONERS 697
11.3.48 DEATH WARRANT 697
11.3.49 EXECUTION 697
PART 6: GENERAL HUMAN RIGHTS ISSUES 698
11.3.50 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 698
11.3.51 FAIR TRIAL 698
11.3.52 REFORM AND IMPROVEMENT 698
11.3.53 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF
DEATH PENALTY 698
11.3.54 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 698
11.3.55 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE
DEATH PENALTY 698
11.3.56 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
699
11.3.57 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 699
11.3.58 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 699
11.3.59 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 699
11.3.60 GENERAL TRENDS IN DEATH PENALTY CASES 699
11.4 KENYA 700
PART 1: INTERNATIONAL INSTRUMENTS 700
11.4.1 INTERNATIONAL INSTRUMENTS 700
11.4.2 AFRICAN AND NATIONAL INSTRUMENTS 702
INCOMPATIBILITY 702
PART 2: INTERNATIONAL STANDARDS 702
11.4.3 JUVENILE OFFENDERS 702
11.4.4 PREGNANT WOMAN 702
11.4.5 CLEMENCY/PARDON 702
11.4.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 702
SPECIAL PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 702
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 704
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 704
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 705
XXIV DETAILED CONTENTS
11.4.7 CLEMENCY/MERCY 705
RIGHT TO SEEK PARDON OR COMMUNICATION IN ALL DEATH PENALTY CASES OR FOR
SPECIFIC CRIMES 705
11.4.8 EXTRADITION 705
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 705
ENFORCEMENT 706
OFFENCES 706
CASE-LAW 706
PART 3: STATISTICS 706
11.4.9 NUMBER OF DEATH SENTENCES PASSED 706
11.4.10 NUMBER OF EXECUTIONS 706
11.4.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED? 706
11.4.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 707
11.4.13 THE YOUNGEST PERSON SENTENCED TO DEATH 707
11.4.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCE, EXECUTIONS,
PARDONS,
AND COMMUTATIONS; LEGAL AND ADMINISTRATIVE REGULATIONS ON THE
COMPILATION
AND RETENTION OF SUCH STATISTICS 707
11.4.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 707
11.4.16 APPEALS 707
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 707
NUMBER AWAITING THE OUTCOME OF AN APPEAL? 708
11.4.17 EXTRA-JUDICIAL EXECUTIONS 708
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 708
PART 4: LEGAL FRAMEWORK 708
11.4.18 STATUS 708
11.4.19 SCOPE 708
11.4.20 MORATORIUM 709
11.4.21 METHOD OF EXECUTION 709
11.4.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 709
11.4.23 PENAL CODE CAP 63 OF THE LAWS OF KENYA 709
11.4.24 ARMED FORCES ACT, CAP 199 OF THE LAWS OF KENYA 709
11.4.25 CONSTITUTIONAL PROVISIONS AND CHALLENGES 710
RIGHT TO LIFE 710
RIGHT TO LIBERTY 710
PROHIBITION OF TORTURE 714
RIGHT TO FAIR TRIAL 715
APPLICATION OF THE DEATH PENALTY 725
CLEMENCY/MERCY PARDON 725
SAVING CLAUSES 726
APPLICATION OF INTERNATIONAL LAW 727
PART 5: LEGAL SYSTEM 727
11.4.26 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 727
11.4.27 THE KENYA COURT SYSTEM 727
COURT OF APPEAL 728
HIGH COURT 729
KADHIS COURTS 730
11.4.28 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE? 730
11.4.29 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF MURDER
730
11.4.30 PRE-TRIAL 731
11.4.31 ARREST 731
CONDITIONS FOR ARREST 731
REASONS GIVEN FOR ARREST 731
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 731
DETENTION 731
DETAILED CONTENTS
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME
TREATMENT OF ARRESTED PEOPLE
CORRESPONDENCE
DEATHS IN CUSTODY
MECHANISM TO PREVENT TORTURE
SECRET/INCOMMUNICADO DETENTION
POWER OF THE ATTORNEY-GENERAL
REQUEST AN ARREST
DECLINES TO PROSECUTE
11.4.32 SEARCH AND SEIZURE
11.4.33 CONFESSIONS
INVESTIGATIONS
11.4.34 BAIL AND RELEASE
11.4.35 THE CHARGE
CRITERIA
11.4.36 LEGAL REPRESENTATION AND RELATED RIGHTS
11.4.37 THE PLEA
PROCEDURE FOR GUILTY PLEA
NOT GUILTY PLEA
11.4.38 CASE PREPARATION
PLEA FOR EXTENSION
11.4.39 DISCLOSURE
PROSECUTION
DEFENCE
11.4.40 TRIAL
11.4.41 GUARANTEED RIGHT TO TRIAL
11.4.42 TRIAL DETAILS
DURATION
JURY SYSTEM AND JUDGES
ASSESSORS SELECTION
ASSESSORS INSTRUCTIONS PRELIMINARY
PROPOSALS TO INTRODUCE JURY SYSTEM FOR CAPITAL PUNISHMENT CASES
JUDGES
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS
TYPE OF QUESTIONS ASKED BY PARTIES
11.4.43 EVIDENCE
PREVIOUS CONVICTIONS
ADMISSIBLE EVIDENCE
HEARSAY
CONFESSION
DOCUMENT
EXPERT WITNESS AND EVIDENCE
11.4.44 POST-TRIAL
11.4.45 REVIEWS AND APPEALS
APPEAL
THE PROCESS
AVAILABILITY
REVIEW
BACKLOG
SELF-INCRIMINATION, RETROACTIVE APPLICATION OF CRIMINAL LAW, DOUBLE
JEOPARDY
11.4.46 LEGAL REPRESENTATION AND LEGAL AID
11.4.47 COMPENSATION AND RESTITUTION
COMPENSATION FOR WRONGFUL ARREST/CONVICTION; TYPE OF COMPENSATION/
RESTITUTION
11.4.48 SERVING SENTENCE/PAROLE
SENTENCING*MITIGATING FACTORS
731
732
732
732
732
733
733
733
733
734
734
734
735
735
735
735
735
735
736
736
736
736
736
738
739
739
739
739
739
739
739
740
740
740
740
740
740
741
741
741
741
741
741
741
741
741
741
741
741
741
742
742
742
742
742
XXVI DETAILED CONTENTS
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 742
DEATH ROW PHENOMENON 742
DEATH ROW 742
DEATHS IN CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 742
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 743
TREATMENT OF DEATH ROW PRISONERS 743
11.4.49 DEATH WARRANT 743
11.4.50 EXECUTION 743
METHOD 744
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 744
PART 6: GENERAL HUMAN RIGHTS ISSUES 744
11.4.51 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 744
11.4.52 FAIR TRIAL 744
11.4.53 REFORM AND IMPROVEMENT 744
11.4.54 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF
DEATH PENALTY 745
11.4.55 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 745
11.4.56 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE
DEATH PENALTY 745
11.4.57 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
745
11.4.58 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 746
11.4.59 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 746
11.4.60 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 746
11.4.61 GENERAL TRENDS IN DEATH PENALTY CASES 746
11.5 LESOTHO 746
PART 1: INTERNATIONAL INSTRUMENTS 746
11.5.1 INTERNATIONAL INSTRUMENTS 746
11.5.2 AFRICAN AND NATIONAL INSTRUMENTS 747
INCOMPATIBILITY 747
PART 2: INTERNATIONAL STANDARDS 747
11.5.3 JUVENILE OFFENDERS/PREGNANT WOMEN 747
11.5.4 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 747
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 747
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 747
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 748
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 748
11.5.5 CLEMENCY/MERCY 748
RIGHT TO SEEK PARDON OR COMMUTATION IN ALL DEATH PENALTY CASES OR FOR
SPECIFIC CRIMES 748
STATISTICS 748
11.5.6 EXTRADITION 748
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 748
ENFORCEMENT 749
OFFENCES 749
CASE-LAW 749
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 750
ASSOCIATED STATES 750
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 750
PART 3: STATISTICS 750
11.5.7 NUMBER OF DEATH SENTENCES PASSED 750
11.5.8 NUMBER OF EXECUTIONS 750
11.5.9 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY 750
DETAILED CONTENTS XXVII
11.5.10 NUMBER OF WHICH WERE SENTENCED TO DEATH 751
11.5.11 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 751
11.5.12 THE YOUNGEST PERSON SENTENCED TO DEATH 751
11.5.13 KEEPING OF STATISTICS ON SENTENCE, EXECUTIONS, PARDONS, AND
COMMUTATIONS 751
11.5.14 LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION AND
RETENTION OF
SUCH STATISTICS 751
11.5.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 751
11.5.16 APPEALS 751
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 751
NUMBER AWAITING THE OUTCOME OF AN APPEAL 752
11.5.17 EXTRA-JUDICIAL EXECUTIONS 752
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 752
PART 4: LEGAL FRAMEWORK 752
11.5.18 STATUS 752
11.5.19 MORATORIUM 752
11.5.20 METHOD OF EXECUTION 752
11.5.21 SCOPE 752
11.5.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 753
CRIMINAL PROCEDURE AND EVIDENCE ACT 753
SEXUAL OFFENCES ACT 753
LESOTHO DEFENCE FORCE ACT 4 OF 1996 753
AIDING THE ENEMY 753
COMMUNICATION WITH THE ENEMY 754
COWARDLY BEHAVIOUR 754
MUTINY 754
FAILURE TO SUPPRESS MUTINY 755
PERSONS SUBJECT TO THIS ACT 755
11.5.23 CONSTITUTIONAL PROVISIONS 755
RIGHT TO LIFE 755
RIGHT TO LIBERTY 755
PROHIBITION OF TORTURE 757
RIGHT TO A FAIR TRIAL 757
APPLICATION OF THE DEATH PENALTY 758
CLEMENCY/MERCY 759
SAVING CLAUSES 759
APPLICATION OF INTERNATIONAL LAW 760
PART 5: LEGAL SYSTEM 760
11.5.24 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 760
11.5.25 THE LESOTHO COURT SYSTEM 760
COURT OF APPEAL 760
HIGH COURT 761
SUBORDINATE COURTS 761
11.5.26 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE? 761
11.5.27 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF
MURDER 761
11.5.28 PRE-TRIAL 762
11.5.29 ARREST 762
CONDITIONS FOR ARREST 762
REASONS GIVEN FOR ARREST 762
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 762
DETENTION 762
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 762
TREATMENT OF ARRESTED PEOPLE 763
CORRESPONDENCE 763
DEATHS IN CUSTODY 763
MECHANISM TO PREVENT TORTURE 763
SECRET/INCOMMUNICADO DETENTION 763
DETAILED CONTENTS
POWER OF THE ATTORNEY-GENERAL 763
REQUEST AN ARREST 763
DECLINES TO PROSECUTE 763
11.5.30 SEARCH AND SEIZURE 763
AUTHORIZED BY THE COURT AND CARRIED OUT WITHOUT AUTHORIZATION 763
11.5.31 CONFESSIONS 764
INVESTIGATIONS 764
11.5.32 BAIL AND RELEASE 764
11.5.33 THE CHARGE
764
CRITERIA
764
11.5.34 LEGAL REPRESENTATION AND RELATED RIGHTS 765
11.5.35 THE PLEA 765
PROCEDURE FOR GUILTY PLEA 765
NOT GUILTY PLEA 765
11.5.36 CASE PREPARATION 765
11.5.37 DISCLOSURE 766
PROSECUTION 766
DEFENCE 766
11.5.38 TRIAL 766
11.5.39 GUARANTEED RIGHT TO TRIAL 766
11.5.40 TRIAL DETAILS 766
DURATION 766
JURY SYSTEM AND JUDGES 767
ASSESSORS SELECTION 767
PROPOSALS TO INTRODUCE JURY SYSTEM FOR CAPITAL PUNISHMENT CASES 767
JUDGES 767
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 767
TYPE OF QUESTIONS ASKED BY PARTIES 768
RIGHT TO REMAIN SILENT AT TRIAL 768
11.5.41 EVIDENCE 768
PREVIOUS CONVICTIONS 768
ADMISSIBLE EVIDENCE 768
HEARSAY 768
CONFESSION 768
DOCUMENT 769
STATEMENT 769
VOLUNTARY STATEMENT FROM ABROAD 769
EXPERT WITNESS AND EVIDENCE 769
EXAMINATION OF WITNESSES BEFORE THE TRIAL 769
11.5.42 POST-TRIAL 770
11.5.43 REVIEWS AND APPEALS 770
APPEAL 770
THE PROCESS 770
AVAILABILITY 770
REPRESENTATION 770
OUTCOME 770
REVIEW 771
BACKLOG 771
SELF-INCRIMINATION, RETROACTIVE APPLICATION OF CRIMINAL LAW, DOUBLE
JEOPARDY 771
SELF-INCRIMINATION 771
RETROACTIVE APPLICATION OF CRIMINAL LAW 771
DOUBLE JEOPARDY 771
11.5.44 LEGAL REPRESENTATION AND LEGAL AID 771
11.5.45 COMPENSATION AND RESTITUTION 772
TYPE OF COMPENSATION OR RESTITUTION 772
11.5.46 SERVING SENTENCE/PAROLE 772
SENTENCING*MITIGATING FACTORS 772
DETAILED CONTENTS XXIX
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 772
DEATH ROW PHENOMENON 772
DEATH ROW 772
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 772
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 772
PAROLE 773
TREATMENT OF DEATH ROW PRISONERS 773
11.5.47 DEATH WARRANT 773
11.5.48 EXECUTION 773
PART 6: GENERAL HUMAN RIGHTS ISSUES 773
11.5.49 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 773
11.5.50 FAIR TRIAL 774
11.5.51 REFORM AND IMPROVEMENT 774
11.5.52 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF
DEATH PENALTY 774
11.5.53 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 774
11.5.54 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 774
11.5.55 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
775
11.5.56 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 775
11.5.57 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 775
11.5.58 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 775
11.5.59 GENERAL TRENDS IN DEATH PENALTY CASES 775
11.6 MALAWI 776
PART 1: INTERNATIONAL INSTRUMENTS 776
11.6.1 INTERNATIONAL INSTRUMENTS 776
11.6.2 AFRICAN AND NATIONAL INSTRUMENTS 776
INCOMPATIBILITY 776
PART 2: INTERNATIONAL STANDARDS 776
11.6.3 JUVENILE OFFENDERS 776
11.6.4 PREGNANT WOMEN 776
11.6.5 CLEMENCY/PARDON 777
11.6.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 777
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 777
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 777
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 777
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 778
11.6.7 CLEMENCY/MERCY 778
11.6.8 EXTRADITION 778
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 778
ENFORCEMENT 778
OFFENCES 778
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 779
AUTHORITY TO PROCEED 779
WARRANT OF ARREST 779
COMMITTAL PROCEEDINGS 779
PART 3: STATISTICS 780
11.6.9 NUMBER OF DEATH SENTENCES PASSED 780
11.6.10 NUMBER OF EXECUTIONS 780
11.6.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED 780
XXX DETAILED CONTENTS
11.6.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 781
11.6.13 THE YOUNGEST PERSON SENTENCED TO DEATH 781
11.6.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS AND
COMMUNICATIONS; LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION
AND
RETENTION OF SUCH STATISTICS 781
11.6.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 781
11.6.16 APPEALS 781
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 781
NUMBER AWAITING THE OUTCOME OF AN APPEAL 782
11.6.17 EXTRA-JUDICIAL EXECUTIONS 782
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 782
PART 4: LEGAL FRAMEWORK 782
11.6.18 STATUS 782
11.6.19 MORATORIUM 782
11.6.20 METHOD OF EXECUTION 782
11.6.21 SCOPE 782
11.6.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 783
CRIMINAL PROVISIONS 783
PENAL CODE 783
11.6.23 CONSTITUTIONAL PROVISIONS 784
RIGHT TO LIFE 784
RIGHT TO LIBERTY 784
PROHIBITION OF TORTURE 785
RIGHT TO FAIR TRIAL 786
11.6.24 RIGHT TO LEGAL REPRESENTATION 788
APPLICATION OF THE DEATH PENALTY 799
CLEMENCY/MERCY 799
SAVING CLAUSES 800
APPLICATION OF INTERNATIONAL LAW 801
PART 5: LEGAL SYSTEM 801
11.6.25 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 801
11.6.26 THE MALAWI COURT SYSTEM 801
SUPREME COURT OF APPEAL 802
THE HIGH COURT 802
SUBORDINATE COURTS 803
11.6.27 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE? 804
11.6.28 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF MURDER
804
11.6.29 PRE-TRIAL 804
11.6.30 ARREST 804
CONDITIONS FOR ARREST 804
REASONS GIVEN FOR ARREST 804
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 804
DETENTION 805
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 805
TREATMENT OF ARRESTED PEOPLE 805
CORRESPONDENCE 805
DEATHS IN CUSTODY 805
MECHANISM TO PREVENT TORTURE 805
SECRET/INCOMMUNICADO DETENTION 806
POWER OF THE ATTORNEY-GENERAL 806
REQUEST AN ARREST 806
DECLINES TO PROSECUTE 806
11.6.31 SEARCH AND SEIZURE 806
11.6.32 CONFESSIONS 807
INVESTIGATIONS 807
11.6.33 BAIL AND RELEASE 807
DETAILED CONTENTS XXXI
11.6.34 THE CHARGE 807
11.6.35 LEGAL REPRESENTATION AND RELATED RIGHTS 808
LEGAL REPRESENTATION BY APPOINTED OR CHOSEN 808
11.6.36 THE PLEA 808
GUILTY PLEA 809
NOT GUILTY PLEA 809
11.6.37 CASE PREPARATION 809
11.6.38 DISCLOSURE 809
PROSECUTION 809
DEFENCE 809
11.6.39 TRIAL 810
11.6.40 RIGHT TO TRIAL 810
11.6.41 TRIAL DETAILS 810
DURATION 810
JURY SYSTEM AND JUDGES 810
JURY SELECTION 810
JURY INSTRUCTIONS PRELIMINARY 810
JUDGES 810
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 810
RULES TO PREVENT UNDUE DELAY 811
TYPE OF QUESTIONS ASKED BY PARTIES 811
RIGHT TO REMAIN SILENT AT TRIAL 811
11.6.42 EVIDENCE 811
PREVIOUS CONVICTIONS 811
ADMISSIBLE EVIDENCE 811
HEARSAY 811
CONFESSION 811
DOCUMENT 811
STATEMENT 811
VOLUNTARY STATEMENT FROM ABROAD 812
EXPERT WITNESS AND EVIDENCE 812
EXAMINATION OF WITNESSES BEFORE THE TRIAL 812
11.6.43 POST-TRIAL 812
11.6.44 REVIEWS AND APPEALS 812
APPEAL 812
THE PROCESS 812
AVAILABILITY 812
REPRESENTATION 812
OUTCOME 812
REVIEW 812
BACKLOG 813
SELF-INCRIMINATION 813
RETROACTIVE APPLICATION OF CRIMINAL LAW, 813
DOUBLE JEOPARDY 813
11.6.45 LEGAL REPRESENTATION AND LEGAL AID 813
11.6.46 COMPENSATION AND RESTITUTION 813
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION 813
11.6.47 SERVING SENTENCE/PAROLE 813
SENTENCING*MITIGATING FACTORS 813
DETENTION 814
DEATH ROW PHENOMENON 814
DEATH ROW 814
DEATHS ON CUSTODY 814
TORTURE 814
PAROLE 814
TREATMENT OF DEATH ROW PRISONERS 814
11.6.48 DEATH WARRANT 814
11.6.49 EXECUTION 814
II DETAILED CONTENTS
EXECUTIONS PENDING TRIAL/APPEAL 814
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 814
PART 6: GENERAL HUMAN RIGHTS ISSUES 815
11.6.50 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 815
11.6.51 FAIR TRIAL 815
11.6.52 REFORM AND IMPROVEMENT 815
11.6.53 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 815
11.6.54 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 816
11.6.55 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
816
11.6.56 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 816
11.6.57 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 816
11.6.58 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 816
11.6.59 GENERAL TRENDS IN DEATH PENALTY CASES 816
11.7 NIGERIA 817
PART 1: INTERNATIONAL INSTRUMENTS 817
11.7.1 INTERNATIONAL INSTRUMENTS 817
11.7.2 AFRICAN AND NATIONAL INSTRUMENTS 817
INCOMPATIBILITY 817
PART 2: INTERNATIONAL STANDARDS 817
11.7.3 JUVENILE OFFENDERS 817
11.7.4 CLEMENCY/PARDON 818
11.7.5 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 818
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 818
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 818
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 818
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 818
11.7.6 CLEMENCY/MERCY 818
11.7.7 EXTRADITION 818
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 818
ENFORCEMENT 818
OFFENCES 819
CASE-LAW 819
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 819
ASSOCIATED STATES 819
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 819
PART 3: STATISTICS 819
11.7.8 NUMBER OF DEATH SENTENCES PASSED 819
11.7.9 NUMBER OF EXECUTIONS 819
11.7.10 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY 819
11.7.11 NUMBER OF WHICH WERE SENTENCED TO DEATH 819
11.7.12 IF NOT SENTENCED TO DEATH WHAT SENTENCE WAS PASSED 819
11.7.13 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 819
11.7.14 THE YOUNGEST PERSON SENTENCED TO DEATH 820
11.7.15 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS
AND COMMUNICATIONS 820
11.7.16 LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION AND
RETENTION OF
SUCH STATISTICS 820
11.7.17 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 820
11.7.18 APPEALS 820
DETAILED CONTENTS XXXIII
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 820
NUMBER AWAITING THE OUTCOME OF AN APPEAL 820
11.7.19 EXTRA-JUDICIAL EXECUTIONS 820
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 820
PART 4: LEGAL FRAMEWORK 821
11.7.20 STATUS 821
11.7.21 MORATORIUM 821
11.7.22 METHOD OF EXECUTION 821
11.7.23 SCOPE 821
11.7.24 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 822
CRIMINAL PROVISIONS 822
CRIMINAL CODE 822
PENAL CODE 822
SHARIA PENAL LAWS 823
11.7.25 CONSTITUTIONAL PROVISIONS 823
RIGHT TO LIFE 823
RIGHT TO LIBERTY 823
PROHIBITION OF TORTURE 825
RIGHT TO FAIR TRIAL 825
APPLICATION OF THE DEATH PENALTY 827
CLEMENCY/MERCY PARDON 827
SAVING CLAUSES 827
APPLICATION OF INTERNATIONAL LAW 827
PART 5: LEGAL SYSTEM 828
11.7.26 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 828
11.7.27 THE NIGERIA COURT STRUCTURE 828
THE CUSTOMARY COURTS AND AREA COURTS 828
MAGISTRATES COURTS AND DISTRICT COURTS 829
THE HIGH COURT 829
THE FEDERAL HIGH COURT 829
COURT OF APPEAL 830
THE SUPREME COURT 830
SPECIAL COURTS 831
COURT MARTIAL 831
THE SHARIA COURTS 831
11.7.28 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE? 831
11.7.29 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF
MURDER 832
11.7.30 PRE-TRIAL 832
11.7.31 ARREST 832
CONDITIONS TO ARREST 832
REASONS GIVEN FOR ARREST 832
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 832
DETENTION 833
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 833
TREATMENT OF ARRESTED PEOPLE 833
CORRESPONDENCE 833
DEATHS IN CUSTODY AND MECHANISM TO PREVENT TORTURE 833
SECRET/INCOMMUNICADO DETENTION 833
POWER OF THE ATTORNEY-GENERAL 833
REQUEST AN ARREST 834
DECLINES TO PROSECUTE 834
11.7.32 SEARCH AND SEIZURE 834
SEARCH 834
SEIZURE 834
11.7.33 CONFESSIONS 834
INVESTIGATIONS 834
ARRESTED IMMEDIATELY 834
RIGHT TO LEGAL REPRESENTATION 834
DETAILED CONTENTS
11.7.34 BAIL AND RELEASE
11.7.35 THE CHARGE
NOTIFICATION PROMPT AND IN A LANGUAGE THAT S/HE UNDERSTANDS
11.7.36 LEGAL REPRESENTATION AND RELATED RIGHTS
11.7.37 THE PLEA
GUILTY PLEA
NOT GUILTY PLEA
11.7.38 CASE PREPARATION
ACCESS TO DOCUMENTS, FACILITIES OR EVIDENCE
11.7.39 DISCLOSURE
PROSECUTION
DEFENCE
11.7.40 TRIAL
11.7.41 GUARANTEED RIGHT TO TRIAL
11.7.42 TRIAL DETAILS
DURATION
JURY SYSTEM AND JUDGES
JUDGES
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS
TYPE OF QUESTIONS ASKED BY PARTIES
RIGHT TO REMAIN SILENT AT TRIAL
11.7.43 EVIDENCE
PREVIOUS CONVICTIONS
ADMISSIBLE EVIDENCE
HEARSAY
CONFESSION
DOCUMENT
STATEMENT
VOLUNTARY STATEMENT FROM ABROAD
EXPERT WITNESS AND EVIDENCE
EXAMINATION OF WITNESSES BEFORE THE TRIAL
11.7.44 POST-TRIAL
11.7.45 REVIEWS AND APPEALS
APPEAL
THE PROCESS
AVAILABILITY
REPRESENTATION
OUTCOME
REVIEW
BACKLOG
SELF-INCRIMINATION
RETROACTIVE APPLICATION OF CRIMINAL LAW,
DOUBLE JEOPARDY
11.7.46 LEGAL REPRESENTATION AND LEGAL AID
11.7.47 COMPENSATION AND RESTITUTION
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION
TYPE OF COMPENSATION OR RESTITUTION
11.7.48 SERVING SENTENCE/PAROLE
SENTENCING*MITIGATING FACTORS
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS)
DEATH ROW PHENOMENON
DEATH ROW
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS)
TORTURE
PAROLE
TREATMENT OF DEATH ROW PRISONERS
11.7.49 DEATH WARRANT
834
835
835
835
835
836
836
836
836
836
836
836
836
836
836
836
836
837
837
837
837
837
837
837
837
838
838
838
838
838
838
839
839
839
839
839
839
839
839
839
839
839
839
840
840
840
840
840
840
840
840
840
841
841
841
841
841
DETAILED CONTENTS XXXV
11.7.50 EXECUTION 841
PUBLIC/PRIVATE 841
METHOD 841
EXECUTIONS PENDING TRIAL/APPEAL 841
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 841
PART 6: GENERAL HUMAN RIGHTS ISSUES 842
11.7.51 FAIR TRIAL 842
11.7.52 REFORM AND IMPROVEMENT 842
TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATIONS OF THE DEATH
PENALTY 842
11.7.53 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 842
11.7.54 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 842
11.7.55 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
843
11.7.56 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 843
11.7.57 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 843
11.7.58 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 843
11.7.59 GENERAL TRENDS IN DEATH PENALTY CASES 843
11.8 SIERRA LEONE 844
PART 1: INTERNATIONAL INSTRUMENTS 844
11.8.1 INTERNATIONAL INSTRUMENTS 844
11.8.2 AFRICAN AND NATIONAL INSTRUMENTS 844
INCOMPATIBILITY 844
PART 2: INTERNATIONAL STANDARDS 844
11.8.3 JUVENILE OFFENDERS 844
11.8.4 PREGNANT WOMEN 844
11.8.5 CLEMENCY/PARDON 844
11.8.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 845
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 845
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 846
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 847
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 847
11.8.7 CLEMENCY/MERCY 847
STATISTICS 847
11.8.8 EXTRADITION 847
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 847
ENFORCEMENT 848
OFFENCES 848
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 848
PART 3: STATISTICS 848
11.8.9 NUMBER OF DEATH SENTENCES PASSED 848
11.8.10 NUMBER OF EXECUTIONS 848
11.8.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED 848
11.8.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 848
11.8.13 THE YOUNGEST PERSON SENTENCED TO DEATH 848
11.8.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS
AND COMMUNICATIONS 849
11.8.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 849
XXXVI DETAILED CONTENTS
11.8.16 APPEALS 849
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 849
NUMBER AWAITING THE OUTCOME OF AN APPEAL 849
11.8.17 EXTRA-JUDICIAL EXECUTIONS 849
PART 4: LEGAL FRAMEWORK 849
11.8.18 STATUS 849
11.8.19 MORATORIUM 850
11.8.20 METHOD OF EXECUTION 850
11.8.21 SCOPE 850
11.8.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 850
CRIMINAL PROVISIONS 850
TREASON AND STATE OFFENCES ACT 1963 850
LARCENY ACT 1916 851
SIERRA LEONE MILITARY FORCES ACT 1961 851
OFFENCES AGAINST THE PERSON ACT AND THE ENGLISH COMMON LAW 851
11.8.23 CONSTITUTIONAL PROVISIONS 851
RIGHT TO LIFE 851
RIGHT TO LIBERTY 852
PROHIBITION OF TORTURE 853
RIGHT TO FAIR TRIAL 853
APPLICATION OF THE DEATH PENALTY 854
SAVING CLAUSES 855
CLEMENCY/MERCY PARDON 855
APPLICATION OF INTERNATIONAL LAW 856
PART 5: LEGAL SYSTEM 856
11.8.24 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 856
11.8.25 THE COURT SYSTEM OF SIERRA LEONE 856
THE SUPREME COURT 857
THE COURT OF APPEAL 857
THE HIGH COURT 858
COURT-MARTIAL 858
11.8.26 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE? 859
COURT RECOGNIZED BY LAW AND OTHER COURTS 859
11.8.27 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF
MURDER 859
11.8.28 PRE-TRIAL 859
11.8.29 ARREST 859
CONDITIONS FOR ARREST 859
ARREST WITHOUT WARRANT 860
REASONS GIVEN FOR ARREST 861
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 861
DETENTION 861
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 861
TREATMENT OF ARRESTED PEOPLE 862
CORRESPONDENCE 862
DEATHS IN CUSTODY 862
SECRET/INCOMMUNICADO DETENTION 862
POWER OF THE ATTORNEY-GENERAL 862
REQUEST AN ARREST 862
DECLINES TO PROSECUTE 863
11.8.30 SEARCH AND SEIZURE 863
11.8.31 CONFESSIONS 863
INVESTIGATIONS 863
11.8.32 BAIL AND RELEASE 863
11.8.33 THE CHARGE 863
CRITERIA 863
11.8.34 LEGAL REPRESENTATION AND RELATED RIGHTS 863
11.8.35 THE PLEA 864
PROCEDURE FOR GUILTY PLEA AND NOT GUILTY PLEA 864
DETAILED CONTENTS XXXVII
11.8.36 CASE PREPARATION 864
11.8.37 DISCLOSURE 864
PROSECUTION 864
DEFENCE 864
11.8.38 TRIAL 864
11.8.39 GUARANTEED RIGHT TO TRIAL 864
11.8.40 TRIAL DETAILS 864
DURATION 864
JURY SELECTION 864
JUDGES 865
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 865
TYPE OF QUESTIONS ASKED BY PARTIES 865
11.8.41 EVIDENCE 865
ADMISSIBLE EVIDENCE 865
HEARSAY 865
CONFESSION 865
DOCUMENT 865
STATEMENT 865
VOLUNTARY STATEMENT FROM ABROAD 865
EXPERT WITNESS AND EVIDENCE 865
EXAMINATION OF WITNESSES BEFORE THE TRIAL 865
11.8.42 POST-TRIAL 866
11.8.43 REVIEWS AND APPEALS 866
APPEAL 866
THE PROCESS 866
AVAILABILITY 866
REPRESENTATION 866
OUTCOME 866
11.8.44 LEGAL REPRESENTATION AND LEGAL AID 866
11.8.45 COMPENSATION AND RESTITUTION 866
11.8.46 SERVING SENTENCE/PAROLE 866
DETENTION 867
DEATHS ON CUSTODY 867
TORTURE 867
PAROLE 867
TREATMENT OF DEATH ROW PRISONERS 867
11.8.47 DEATH WARRANT 867
11.8.48 EXECUTION 867
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 868
PART 6: GENERAL HUMAN RIGHTS ISSUES 868
11.8.49 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 868
11.8.50 FAIR TRIAL 868
11.8.51 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF THE
DEATH
PENALTY 868
11.8.52 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 868
11.8.53 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 868
11.8.54 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
868
11.8.55 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 869
11.8.56 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 869
11.8.57 WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN RIGHTS
STANDARDS 869
11.8.58 GENERAL TRENDS IN DEATH PENALTY CASES 869
11.9 SWAZILAND 869
PART 1: INTERNATIONAL INSTRUMENTS 869
11.9.1 INTERNATIONAL INSTRUMENTS 869
VIII DETAILED CONTENTS
11.9.2 AFRICAN AND NATIONAL INSTRUMENTS 870
INCOMPATIBILITY 870
PART 2: INTERNATIONAL STANDARDS 870
11.9.3 JUVENILE OFFENDERS 870
11.9.4 PREGNANT WOMEN 870
11.9.5 CLEMENCY/PARDON 870
11.9.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 870
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 870
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 870
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 871
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 871
11.9.7 CLEMENCY/MERCY 871
11.9.8 EXTRADITION 871
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 871
ENFORCEMENT 872
OFFENCES 872
CASE-LAW 873
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 873
ASSOCIATED STATES 873
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 873
PART 3: STATISTICS 873
11.9.9 NUMBER OF DEATH SENTENCES PASSED 874
11.9.10 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED 874
11.9.11 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 874
11.9.12 THE YOUNGEST PERSON SENTENCED TO DEATH 874
11.9.13 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS,
AND COMMUNICATIONS 874
11.9.14 LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION AND
RETENTION OF
SUCH STATISTICS 879
11.9.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 875
11.9.16 APPEALS 875
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 875
NUMBER AWAITING THE OUTCOME OF AN APPEAL 875
11.9.17 EXTRA-JUDICIAL EXECUTIONS 875
PART 4: LEGAL FRAMEWORK 876
11.9.18 STATUS 876
11.9.19 MORATORIUM 876
11.9.20 METHOD OF EXECUTION 876
11.9.21 SCOPE 876
11.9.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 876
CRIMINAL PROVISIONS 876
11.9.23 MERCY/CLEMENCY 877
11.9.24 CONSTITUTIONAL PROVISIONS 877
PROTECTION OF THE RIGHT TO LIFE 877
PROTECTION OF THE RIGHT TO PERSONAL LIBERTY 878
PROTECTION FROM INHUMAN AND DEGRADING TREATMENT 879
RIGHT TO FAIR HEARING 879
APPLICATION OF THE DEATH PENALTY 881
CLEMENCY/MERCY 881
DEROGATIONS DURING PUBLIC EMERGENCY 882
SAVING CLAUSES AND INTERPRETATION 882
DETAILED CONTENTS XXXIX
11.9.25 INTERNATIONAL RELATIONS 883
APPLICATION OF INTERNATIONAL LAW 883
DIPLOMATIC REPRESENTATION 883
INTERNATIONAL AGREEMENTS 883
PART 5: LEGAL SYSTEM 884
11.9.26 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 884
THE CURRENT CONSTITUTIONAL FRAMEWORK OF THE KINGDOM OF SWAZILAND 886
11.9.27 THE COURT SYSTEM OF SWAZILAND 887
THE MAGISTRATES COURT 887
THE HIGH COURT 887
QUALIFICATION 888
TENURE 888
REMOVAL FROM OFFICE 888
11.9.28 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE?
890
11.9.29 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF
MURDER 890
11.9.30 PRE-TRIAL 890
11.9.31 ARREST 890
CONDITIONS FOR ARREST 890
REASONS GIVEN FOR ARREST 890
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 890
DETENTION 890
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 890
TREATMENT OF ARRESTED PEOPLE 891
CORRESPONDENCE 891
DEATHS IN CUSTODY 891
MECHANISM TO PREVENT TORTURE 891
SECRET/INCOMMUNICADO DETENTION 891
POWER OF THE ATTORNEY-GENERAL 891
REQUEST AN ARREST 891
DECLINES TO PROSECUTE 891
11.9.32 SEARCH AND SEIZURE 891
SEARCH 891
SEIZURE 891
11.9.33 CONFESSIONS 892
INVESTIGATIONS 892
11.9.34 BAIL AND RELEASE 892
11.9.35 THE CHARGE 892
11.9.36 LEGAL REPRESENTATION AND RELATED RIGHTS 892
11.9.37 THE PLEA 893
11.9.38 CASE PREPARATION 893
11.9.39 DISCLOSURE 893
11.9.40 TRIAL 893
11.9.41 GUARANTEED RIGHT TO TRIAL 893
11.9.42 TRIAL DETAILS 893
DURATION 893
JURY SYSTEM AND JUDGES 893
PROPOSALS TO INTRODUCE JURY SYSTEM FOR CAPITAL PUNISHMENT CASES 893
JUDGES 893
TYPE OF QUESTIONS ASKED BY PARTIES 894
11.9.43 EVIDENCE 894
PREVIOUS CONVICTIONS 894
ADMISSIBLE EVIDENCE 894
HEARSAY 894
CONFESSION 894
DOCUMENT 894
VOLUNTARY STATEMENT FROM ABROAD 894
EXPERT WITNESS AND EVIDENCE 894
EXAMINATION OF WITNESSES BEFORE THE TRIAL 895
XL DETAILED CONTENTS
11.9.44 POST-TRIAL 895
11.9.45 REVIEWS AND APPEALS 895
APPEAL 895
THE PROCESS 895
AVAILABILITY 895
REPRESENTATION 895
OUTCOME 895
BACKLOG 895
SELF-INCRIMINATION 895
RETROACTIVE APPLICATION OF CRIMINAL LAW 896
DOUBLE JEOPARDY 896
11.9.46 LEGAL REPRESENTATION AND LEGAL AID 896
11.9.47 COMPENSATION AND RESTITUTION 896
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION 896
TYPE OF COMPENSATION OR RESTITUTION 896
11.9.48 SERVING SENTENCE/PAROLE 896
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 896
DEATH ROW PHENOMENON 896
DEATH ROW 896
DEATHS ON CUSTODY 897
TORTURE 897
PAROLE 897
TREATMENT OF DEATH ROW PRISONERS 897
11.9.49 DEATH WARRANT 897
11.9.50 EXECUTION 897
EXECUTIONS PENDING TRIAL/APPEAL 897
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 897
PART 6: GENERAL HUMAN RIGHTS ISSUES 898
11.9.51 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 898
11.9.52 FAIR TRIAL 898
11.9.53 REFORM AND IMPROVEMENT 898
11.9.54 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 898
11.9.55 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 898
11.9.56 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
898
11.9.57 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 898
11.9.58 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 899
11.9.59 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 899
11.9.60 GENERAL TRENDS IN DEATH PENALTY CASES 899
11.10 TANZANIA 899
PART 1: INTERNATIONAL INSTRUMENTS 899
11.10.1 INTERNATIONAL INSTRUMENTS 899
11.10.2 AFRICAN AND NATIONAL INSTRUMENTS 899
INCOMPATIBILITY 899
PART 2: INTERNATIONAL STANDARDS 900
11.10.3 JUVENILE OFFENDERS 900
11.10.4 PREGNANT WOMEN 900
11.10.5 CLEMENCY/PARDON 900
11.10.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 900
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 900
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 900
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 900
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 901
DETAILED CONTENTS XLI
11.10.7 CLEMENCY/MERCY 901
STATISTICS 901
11.10.8 EXTRADITION 901
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 901
ENFORCEMENT 901
OFFENCES 903
CASE-LAW 903
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 904
ASSOCIATED STATES 905
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 906
PART 3: STATISTICS 906
11.10.9 NUMBER OF DEATH SENTENCES PASSED; NUMBER OF EXECUTIONS 906
11.10.10 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE
DEATH
PENALTY; NUMBER OF WHICH WERE SENTENCED TO DEATH 906
11.10.11 IF NOT SENTENCED TO DEATH WHAT SENTENCE WAS PASSED 906
11.10.12 NUMBER OF WHICH WERE SENTENCED TO DEATH 907
11.10.13 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 907
11.10.14 THE YOUNGEST PERSON SENTENCED TO DEATH 907
11.10.15 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS
AND COMMUNICATIONS 907
11.10.16 LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION AND
RETENTION OF
SUCH STATISTICS 908
11.10.17 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 908
11.10.18 APPEALS 908
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 908
NUMBER AWAITING THE OUTCOME OF AN APPEAL 908
11.10.19 EXTRA-JUDICIAL EXECUTIONS 908
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 908
PART 4: LEGAL FRAMEWORK 908
11.10.20 STATUS 908
11.10.21 MORATORIUM 908
11.10.22 METHOD OF EXECUTION 909
11.10.23 SCOPE 909
11.10.24 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 909
CRIMINAL PROVISIONS 909
PENAL CODE 910
11.10.25 CONSTITUTIONAL PROVISIONS 910
RIGHT TO LIFE 910
RIGHT TO LIBERTY 910
PROHIBITION OF TORTURE 911
RIGHT TO FAIR TRIAL 911
PRESIDENTIAL CLEMENCY 912
SAVING CLAUSES 913
IMPLEMENTATION OF DEATH PENALTY 913
APPLICATION OF INTERNATIONAL LAW 914
11.10.26 CASE LAW PRECEDENT 915
11.10.27 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE? 915
COURT RECOGNIZED BY LAW AND OTHER COURTS 915
PART 5: LEGAL SYSTEM 915
11.10.28 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 915
11.10.29 THE COURT SYSTEM OF TANZANIA 915
PRIMARY COURT 916
DISTRICT/RESIDENT MAGISTRATES COURT 916
THE HIGH COURT 916
THE COURT OF APPEAL 917
COURT MARTIAL 917
XLII DETAILED CONTENTS
11.10.30 PROCEDURES RELATING TO CONSTITUTIONAL CHALLENGES 917
11.10.31 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF
MURDER 918
11.10.32 PRE-TRIAL 918
11.10.33 ARREST 918
CONDITIONS TO ARREST 918
REASONS GIVEN FOR ARREST 918
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 918
DETENTION 918
MAXIMUM DETENTION TIME 918
EXTENSION OF THIS TIME 918
TREATMENT OF ARRESTED PEOPLE 918
CORRESPONDENCE 919
DEATHS IN CUSTODY 919
TORTURE 919
SECRET/INCOMMUNICADO DETENTION 919
POWER OF THE ATTORNEY-GENERAL PRE-TRIAL 919
REQUEST AN ARREST 919
DECLINES TO PROSECUTE 919
11.10.34 SEARCH AND SEIZURE 919
11.10.35 CONFESSIONS 920
11.10.36 BAIL AND RELEASE 920
11.10.37 THE CHARGE 920
CRITERIA 920
11.10.38 LEGAL REPRESENTATION AND RELATED RIGHTS 920
11.10.39 THE PLEA 920
PROCEDURE FOR GUILTY PLEA 920
NOT GUILTY PLEA 921
11.10.40 CASE PREPARATION 921
11.10.41 DISCLOSURE 921
PROSECUTION 921
DEFENCE S OBLIGATIONS IN RELATING TO DISCLOSURE 921
11.10.42 TRIAL 921
11.10.43 GUARANTEED A RIGHT TO TRIAL 921
11.10.44 TRIAL DETAILS 921
DURATION 921
JURY SYSTEM AND JUDGES 922
NUMBER OF JUDGES INVOLVED 922
JUDGES 922
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 922
TYPE OF QUESTIONS ASKED BY PARTIES 922
11.10.45 EVIDENCE 922
PREVIOUS CONVICTIONS 922
ADMISSIBLE EVIDENCE 922
HEARSAY 922
CONFESSION 922
DOCUMENT 923
STATEMENT 923
VOLUNTARY STATEMENT FROM ABROAD 923
EXPERT WITNESS AND EVIDENCE 923
11.10.46 POST-TRIAL 923
11.10.47 REVIEWS AND APPEALS 923
APPEAL 923
THE PROCESS 923
AVAILABILITY 923
REPRESENTATION 924
OUTCOME 924
REVIEW 924
BACKLOG 924
DETAILED CONTENTS XLIII
11.10.48 LEGAL REPRESENTATION AND LEGAL AID 924
11.10.49 COMPENSATION AND RESTITUTION 924
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION 924
11.10.50 SERVING SENTENCE/PAROLE 924
SENTENCING*MITIGATING FACTORS 924
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 925
DEATH ROW PHENOMENON 925
DEATH ROW 925
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 925
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 925
PAROLE 925
TREATMENT OF DEATH ROW PRISONERS 925
11.10.51 DEATH WARRANT 925
11.10.52 EXECUTION 925
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 925
PART 6: GENERAL HUMAN RIGHTS ISSUES 926
11.10.53 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 926
11.10.54 FAIR TRIAL 926
11.10.55 REFORM AND IMPROVEMENT 926
11.10.56 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF THE
DEATH
PENALTY 926
11.10.57 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 926
11.10.58 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE
DEATH PENALTY 926
11.10.59 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
927
11.10.60 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 927
11.10.61 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE
APPLICATION OF HUMAN
RIGHTS STANDARDS 927
11.10.62 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 928
11.11 UGANDA 928
PART 1: INTERNATIONAL INSTRUMENTS 928
11.11.1 INTERNATIONAL INSTRUMENTS 928
11.11.2 AFRICAN AND NATIONAL INSTRUMENTS 928
INCOMPATIBILITY 928
PART 2: INTERNATIONAL STANDARDS 929
11.11.3 JUVENILE OFFENDERS 929
11.11.4 PREGNANT WOMEN 929
11.11.5 CLEMENCY/PARDON 929
11.11.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 929
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 929
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 930
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 930
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 930
11.11.7 CLEMENCY/MERCY 930
RIGHT TO SEEK PARDON OR COMMUTATION IN ALL DEATH PENALTY CASES
OR THE SPECIFIC CRIMES 930
STATISTICS 931
11.11.8 EXTRADITION 931
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 931
ENFORCEMENT 932
OFFENCES 932
XLIV DETAILED CONTENTS
CASE-LAW 933
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 934
ASSOCIATED STATES 935
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 935
PART 3: STATISTICS 935
11.11.9 NUMBER OF DEATH SENTENCES PASSED 935
11.11.10 NUMBER OF EXECUTIONS 935
11.11.11 NUMBER OF WHICH WERE SENTENCED TO DEATH 935
11.11.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 936
11.11.13 THE YOUNGEST PERSON SENTENCED TO DEATH 936
11.11.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS,
AND COMMUNICATIONS, LEGAL OR ADMINISTRATIVE REGULATIONS ON THE
COMPILATION
AND RETENTION OF SUCH STATISTICS 936
11.11.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 936
11.11.16 APPEALS 936
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 936
NUMBER AWAITING THE OUTCOME OF AN APPEAL 937
11.11.17 EXTRA-JUDICIAL EXECUTIONS 937
PART 4: LEGAL FRAMEWORK 937
11.11.18 STATUS 937
11.11.19 MORATORIUM 937
11.11.20 METHOD OF EXECUTION 937
11.11.21 SCOPE 937
CASE-LAW PRECEDENT 938
11.11.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 938
CRIMINAL PROVISIONS 938
THE PENAL CODE ACT 938
UGANDA PEOPLE S DEFENCE FORCES ACT, CHAPTER 307 939
THE ANTI-TERRORISM ACT 2002 941
11.11.23 CONSTITUTIONAL PROVISIONS AND CHALLENGES 942
RIGHT TO LIFE 942
RIGHT TO LIBERTY 944
PROHIBITION OF TORTURE 945
RIGHT TO FAIR TRIAL 946
RIGHT TO JUST AND FAIR TREATMENT IN ADMINISTRATIVE DECISIONS 948
APPLICATION TO THE DEATH PENALTY 948
CLEMENCY/MERCY 948
SAVING CLAUSES 949
APPLICATION OF INTERNATIONAL LAW 949
PART 5: LEGAL SYSTEM 950
11.11.24 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 950
11.11.25 THE UGANDA COURT SYSTEM 950
THE SUPREME COURT 950
THE COURT OF APPEAL 950
THE OPERATIONS OF THE COURT OF APPEAL 951
THE HIGH COURT 951
COMMERCIAL COURT 952
MAGISTRATES COURTS 952
11.11.26 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY? 952
11.11.27 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF
MURDER 953
11.11.28 PRE-TRIAL 954
11.11.29 ARREST 954
CONDITIONS FOR ARREST 954
REASONS GIVEN FOR ARREST 955
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 955
DETENTION 955
DETAILED CONTENTS XLV
MAXIMUM DETENTION TIME
EXTENSION OF THIS TIME
TREATMENT OF ARRESTED PEOPLE
CORRESPONDENCE
DEATHS IN CUSTODY
MECHANISM TO PREVENT TORTURE
SECRET/INCOMMUNICADO DETENTION
11.11.30 POWER OF THE ATTORNEY-GENERAL
REQUEST AN ARREST
DECLINES TO PROSECUTE
11.11.31 SEARCH AND SEIZURE
11.11.32 CONFESSIONS
INVESTIGATIONS
11.11.33 BAIL AND RELEASE
11.11.34 THE CHARGE
CRITERIA
11.11.35 LEGAL REPRESENTATION AND RELATED RIGHTS
11.11.36 THE PLEA
PROCEDURE FOR GUILTY PLEA
NOT GUILTY PLEA
11.11.37 CASE PREPARATION
11.11.38 DISCLOSURE
PROSECUTION
DEFENCE
11.11.39 TRIAL
11.11.40 GUARANTEED RIGHT TO TRIAL
11.11.41 TRIAL DETAILS
DURATION
JURY SYSTEM AND JUDGES
JUDGES
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS
11.11.42 EVIDENCE
PREVIOUS CONVICTIONS
ADMISSIBLE EVIDENCE
HEARSAY
CONFESSION
DOCUMENT
STATEMENT
VOLUNTARY STATEMENT FROM ABROAD
EXPERT WITNESS AND EVIDENCE
11.11.43 POST-TRIAL
11.11.44 REVIEWS AND APPEALS
APPEAL
THE PROCESS
AVAILABILITY
REPRESENTATION
OUTCOME
REVIEW
BACKLOG
SELF-INCRIMINATION, RETROACTIVE APPLICATION OF CRIMINAL LAWS, DOUBLE
JEOPARDY
11.11.45 LEGAL REPRESENTATION AND LEGAL AID
11.11.46 COMPENSATION AND RESTITUTION
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION
11.11.47 SERVING SENTENCE/PAROLE
SENTENCING*MITIGATING FACTORS
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS)
DEATH ROW PHENOMENON
955
955
955
955
955
956
956
956
956
956
956
957
957
957
957
957
957
958
958
958
958
958
958
959
959
959
959
959
959
959
959
959
959
959
959
960
960
960
961
962
962
962
962
962
963
963
963
963
963
963
963
964
964
964
964
964
964
XLVI DETAILED CONTENTS
DEATH ROW 964
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 964
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 964
PAROLE 964
TREATMENT OF DEATH ROW PRISONERS 964
11.11.48 DEATH WARRANT 964
PROCEDURE INVOLVED 965
11.11.49 EXECUTION 965
PART 6: GENERAL HUMAN RIGHTS ISSUES 965
11.11.50 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 965
11.11.51 FAIR TRIAL 966
11.11.52 REFORM AND IMPROVEMENT 966
11.11.53 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF
THE DEATH
PENALTY 966
11.11.54 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 966
11.11.55 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE
DEATH PENALTY 966
11.11.56 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
966
11.11.57 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 966
11.11.58 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE
APPLICATION OF HUMAN
RIGHTS STANDARDS 966
11.11.59 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 967
11.11.60 GENERAL TRENDS IN DEATH PENALTY CASES 967
11.12 ZAMBIA 967
PART 1: INTERNATIONAL INSTRUMENTS 967
11.12.1 INTERNATIONAL INSTRUMENTS 967
11.12.2 AFRICAN AND NATIONAL INSTRUMENTS 967
INCOMPATIBILITY 968
PART 2: INTERNATIONAL STANDARDS 968
11.12.3 JUVENILE OFFENDERS 968
11.12.4 PREGNANT WOMEN 968
11.12.5 CLEMENCY/PARDON 968
11.12.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 968
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 968
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 968
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 969
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 969
11.12.7 CLEMENCY/MERCY 969
STATISTICS 969
DEATH PENALTY BEEN CARRIED OUT PENDING ANY APPEAL OR OTHER RECOURSE
PROCEDURE 969
11.12.8 EXTRADITION 969
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 969
OFFENCES 969
CASE-LAW 970
PART 3: STATISTICS 970
11.12.9 NUMBER OF DEATH SENTENCES PASSED 970
11.12.10 NUMBER OF EXECUTIONS 970
11.12.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE
DEATH PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH, IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED 970
11.12.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 971
DETAILED CONTENTS XLVII
11.12.13 THE YOUNGEST PERSON SENTENCED TO DEATH 971
11.12.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS,
AND COMMUNICATIONS, LEGAL OR ADMINISTRATIVE REGULATIONS ON THE
COMPILATION
AND RETENTION OF SUCH STATISTICS 971
11.12.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 971
11.12.16 APPEALS 971
NUMBER AWAITING THE OUTCOME OF AN APPEAL 971
PART 4: LEGAL FRAMEWORK 971
11.12.17 STATUS 971
11.12.18 MORATORIUM 972
11.12.19 METHOD OF EXECUTION 972
11.12.20 SCOPE 972
11.12.21 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 972
CRIMINAL LAW PROVISIONS 972
THE PENAL CODE 972
11.12.22 CONSTITUTIONAL PROVISIONS 973
RIGHT TO LIFE 973
RIGHT TO LIBERTY 973
PROHIBITION OF TORTURE 974
RIGHT TO FAIR TRIAL 974
APPLICATION TO THE DEATH PENALTY 976
CLEMENCY/MERCY PARDON 976
SAVING CLAUSES 977
APPLICATION OF INTERNATIONAL LAW 977
PART 5: LEGAL SYSTEM 978
11.12.23 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 978
11.12.24 THE COURT SYSTEM 978
LOCAL COURTS 978
SUBORDINATE COURTS 978
HIGH COURT 979
SUPREME COURT 979
11.12.25 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY SENTENCE?
979
11.12.26 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF
MURDER 979
11.12.27 PRE-TRIAL 980
11.12.28 ARREST 980
CONDITIONS FOR ARREST 980
REASONS GIVEN FOR ARREST 980
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 980
DETENTION 980
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 980
TREATMENT OF ARRESTED PEOPLE 980
CORRESPONDENCE 981
DEATHS IN CUSTODY 981
MECHANISM TO PREVENT TORTURE 981
SECRET/INCOMMUNICADO DETENTION 981
POWER OF THE ATTORNEY-GENERAL 981
REQUEST AN ARREST 981
DECLINES TO PROSECUTE 981
11.12.29 SEARCH AND SEIZURE 981
11.12.30 CONFESSIONS 982
INVESTIGATIONS 982
ARRESTED IMMEDIATELY 982
RIGHT TO LEGAL REPRESENTATIVE 982
11.12.31 BAIL AND RELEASE 982
11.11.32 THE CHARGE 982
CRITERIA 982
11.12.33 LEGAL REPRESENTATION AND RELATED RIGHTS 982
LEGAL REPRESENTATION BE APPOINTED OR CHOSEN 982
DETAILED CONTENTS
11.12.34 THE PLEA
PROCEDURE FOR GUILTY PLEA
NOT GUILTY PLEA
11.12.35 CASE PREPARATION
11.12.36 DISCLOSURE
PROSECUTION
DEFENCE
11.12.37 TRIAL
11.12.38 GUARANTEED RIGHT TO TRIAL
11.12.39 TRIAL DETAILS
DURATION
JURY SYSTEM AND JUDGES
PROPOSALS TO INTRODUCE JURY SYSTEM FOR CAPITAL PUNISHMENT CASES
JUDGES
RULES TO PREVENT UNDUE DELAY
TYPE OF QUESTIONS ASKED BY PARTIES
11.12.40 EVIDENCE
ADMISSIBLE EVIDENCE
HEARSAY
CONFESSION
DOCUMENT
STATEMENT
EXPERT WITNESS AND EVIDENCE
EXAMINATION OF WITNESSES BEFORE THE TRIAL
11.12.41 POST-TRIAL
11.12.42 REVIEWS AND APPEALS
APPEAL
THE PROCESS
AVAILABILITY
REPRESENTATION
OUTCOME
REVIEW
BACKLOG
DOUBLE JEOPARDY
11.12.43 LEGAL REPRESENTATION AND LEGAL AID
11.12.44 COMPENSATION AND RESTITUTION
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION
11.12.45 SERVING SENTENCE
DETENTION
DEATH ROW PHENOMENON
DEATH ROW
DEATH IN CUSTODY
TORTURE
PAROLE
TREATMENT OF DEATH ROW PRISONERS
DEATH WARRANT
TIME BETWEEN READING OF THE WARRANT AND EXECUTION
11.12.46 EXECUTION
METHOD
PART 6: GENERAL HUMAN RIGHTS ISSUES
11.12.47 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE
11.12.48 FAIR TRIAL
11.12.49 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF THE
DEATH
PENALTY
11.12.50 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE
11.12.51 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY
11.12.52 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
983
983
983
983
983
983
983
984
984
984
984
984
984
984
984
984
984
985
985
985
985
985
985
985
985
985
985
985
985
985
986
986
986
986
986
986
986
987
987
987
987
987
987
987
987
987
987
988
988
988
988
988
QQQ
7OO
989
70/
989
DETAILED CONTENTS XLIX
11.12.53 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 989
11.12.54 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE
APPLICATION OF HUMAN
RIGHTS STANDARDS 989
11.12.55 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 989
11.12.56 GENERAL TRENDS IN DEATH PENALTY CASES 989
11.13 ZIMBABWE 990
PARTI: INTERNATIONAL INSTRUMENTS 990
11.13.1 INTERNATIONAL INSTRUMENTS 990
11.13.2 AFRICAN AND NATIONAL INSTRUMENTS 990
INCOMPATIBILITY 990
PART 2: INTERNATIONAL STANDARDS 990
11.13.3 JUVENILE OFFENDERS 990
11.13.4 PREGNANT WOMEN 990
11.13.5 CLEMENCY/PARDON 990
11.13.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 991
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 991
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 991
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 991
GUARANTEE OF EQUAL TREATMENT BEFORE INDEPENDENT AND IMPARTIAL
TRIBUNALS/COURTS 991
11.13.7 CLEMENCY/MERCY 991
STATISTICS 991
DEATH PENALTY CARRIED OUT PENDING ANY APPEAL OR OTHER RECOURSE
PROCEDURE 991
11.13.8 EXTRADITION 991
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 991
ENFORCEMENT 991
OFFENCES . 992
CASE-LAW 992
LEGAL PROVISIONS REGULATING PROCEDURES FOR EXTRADITION 992
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 992
PART 3: STATISTICS 992
11.13.9 NUMBER OF DEATH SENTENCES PASSED 992
11.13 10 NUMBER OF EXECUTIONS 992
11.13.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE
DEATH PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH, IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED 992
11.13.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 993
11.13.13 THE YOUNGEST PERSON SENTENCED TO DEATH 993
11.13.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS,
AND COMMUNICATIONS, LEGAL OR ADMINISTRATIVE REGULATIONS ON THE
COMPILATION
AND RETENTION OF SUCH STATISTICS 993
11.13.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 993
11.13.16 APPEALS 993
NUMBER AWAITING THE OUTCOME OF AN APPEAL 993
11.13 17 EXTRA-JUDICIAL EXECUTIONS 994
PART 4: LEGAL FRAMEWORK 994
11.13.18 STATUS 994
11.13.19 MORATORIUM 994
11.13.20 METHOD OF EXECUTION 994
11.13.21 SCOPE 994
11.13.22 NATIONALLAW APPLICABLE TO THE DEATH PENALTY 994
DETAILED CONTENTS
11.13.23 CONSTITUTIONAL PROVISIONS AND CHALLENGES 994
RIGHT TO FAIR TRIAL
4
RIGHT TO LIFE
8
* R 999
PREROGATIVE OF MERCY
77Y
APPLICATION OF INTERNATIONAL LAW TO ZIMBABWE 1000
PROHIBITION OF TORTURE, INHUMANE AND DEGRADING TREATMENT 1001
PART 5: LEGAL SYSTEM
1004
11.13.24 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 1004
11.13.25 THE ZIMBABWEAN COURT SYSTEM 14
THE MAGISTRATES COURTS 1004
CIVIL JURISDICTION 1005
MAGISTRATES CRIMINAL JURISDICTION 1005
SPECIAL JURISDICTION 1006
COMMUNITY COURTS AND PRIMARY COURTS 1006
HIGH COURT 1
06
11.13.26 COURT JUSTICE: WHAT COURTS PASS THE DEATH PENALTY? 1007
11.13.27 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF
MURDER 1007
11.13.28 PRE-TRIAL 1
07
11.13.29 ARREST 1
07
CONDITIONS FOR ARREST 1007
REASONS GIVEN FOR ARREST 1007
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 1007
DETENTION 1
07
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 1007
TREATMENT OF ARRESTED PEOPLE 1007
CORRESPONDENCE 1008
DEATHS IN CUSTODY 1008
MECHANISM TO PREVENT TORTURE 1008
SECRET/INCOMMUNICADO DETENTION 1008
POWER OF THE ATTORNEY-GENERAL 1008
DECLINES TO PROSECUTE 1008
11.13.30 SEARCH AND SEIZURE 1008
11.13.31 CONFESSIONS 1008
INVESTIGATIONS 1008
11.13.32 BAIL AND RELEASE 1008
11.12.33 THE CHARGE 1009
CRITERIA 1009
11.13.34 LEGAL REPRESENTATION AND RELATED RIGHTS 1009
11.13.35 THE PLEA 1009
PROCEDURE FOR GUILTY PLEA 1009
NOT GUILTY PLEA 1009
11.13.36 CASE PREPARATION 1009
11.13.37 DISCLOSURE 1009
PROSECUTION 1009
DEFENCE 1010
11.13.38 TRIAL 1010
11.13.39 GUARANTEED RIGHT TO TRIAL 1010
11.13.40 TRIAL DETAILS 1010
DURATION 1010
JURY SYSTEM AND JUDGES 1010
ASSESSORS SELECTION 1010
ASSESSORS INSTRUCTIONS PRELIMINARY 1010
PROPOSALS TO INTRODUCE JURY SYSTEM FOR CAPITAL PUNISHMENT CASES 1010
JUDGES 1010
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 1010
TYPE OF QUESTIONS ASKED BY PARTIES 1010
11.13.41 EVIDENCE 1010
ADMISSIBLE EVIDENCE 1011
DETAILED CONTENTS LI
HEARSAY 1011
CONFESSION 1011
DOCUMENT 1011
STATEMENT 1011
VOLUNTARY STATEMENT FROM ABROAD 1011
EXPERT WITNESS AND EVIDENCE 1011
EXAMINATION OF WITNESSES BEFORE THE TRIAL 1011
11.13.42 POST-TRIAL 1011
11.13.43 REVIEWS AND APPEALS 1011
APPEAL 1011
THE PROCESS 1011
AVAILABILITY 1011
REPRESENTATION 1011
OUTCOME 1012
BACKLOG 1012
SELF-INCRIMINATION, RETROACTIVE APPLICATION OF CRIMINAL LAW DOUBLE
JEOPARDY 1012
11.13.44 LEGAL REPRESENTATION AND LEGAL AID 1012
11.13.45 COMPENSATION AND RESTITUTION 1012
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION 1012
TYPE OF COMPENSATION OR RESTITUTION 1012
11.13.46 SERVING SENTENCE/PAROLE 1012
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 1012
DEATH ROW PHENOMENON 1012
DEATH ROW 1012
DEATHS IN CUSTODY 1013
TORTURE 1013
PAROLE 1013
TREATMENT OF DEATH ROW PRISONERS 1013
11.13.47 DEATH WARRANT 1013
11.13.48 EXECUTION 1013
METHOD 1013
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 1013
PART 6: GENERAL HUMAN RIGHTS ISSUES 1013
11.13.49 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 1013
11.13.50 FAIR TRIAL 1014
11.13.51 REFORM AND IMPROVEMENT 1014
11.13.52 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF
THE DEATH
PENALTY 1014
11.13.53 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 1014
11.13.54 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 1014
11.13.55 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
1014
11.13.56 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 1015
11.13.57 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE
APPLICATION OF HUMAN
RIGHTS STANDARDS 1015
11.13.58 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 1015
11.13.59 GENERAL TRENDS IN DEATH PENALTY CASES 1015
APPENDIXES
12 APPLICATION FORMS 1017
12.1 AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS 1019
12.2 EUROPEAN COURT OF HUMAN RIGHTS 1021
12.3 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 1029
12.4 UNITED NATIONS 1034
LII DETAILED CONTENTS
13 INTERNET RESEARCH AND SOURCES 1037
13.1 INTERNET RESEARCH 1037
13.2 INTERNET SOURCES 1
49
13.2.1 AFRICAN 1
49
13.2.2 GENERAL 1
52
13.2.3 INTERNATIONAL ORGANS 1
57
13.2.4 USA 1
59
14 INTERNATIONAL TREATIES INDEX 1063
14.1 INTERNATIONAL 1
65
UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) 1065
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) 1070
FIRST OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL
RIGHTS . 1084
SECOND OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL
RIGHTS, AIMING AT THE ABOLITION OF THE DEATH PENALTY 1087
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)
1090
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING
TREATMENT
OR PUNISHMENT 1098
OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL,
INHUMAN
OR DEGRADING TREATMENT OR PUNISHMENT 1108
DECLARATION ON THE PROTECTION OF ALL PERSONS FROM BEING SUBJECTED TO
TORTURE
AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 1117
CONVENTION ON THE RIGHTS OF THE CHILD (CRC) HI
9
UNITED NATIONS STANDARD MINIMUM RULES FOR THE ADMINISTRATION OF JUVENILE
JUSTICE (THE BEIJING RULES ) II
34
INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL
DISCRIMINATION
(CERD) 1150
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST
WOMEN
(CEDAW) 1159
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT (ICC STATUTE) 1168
CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE
1225
DECLARATION ON THE PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCE
1228
STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS 1233
SAFEGUARDS GUARANTEEING PROTECTION OF THE RIGHTS OF THOSE FACING THE
DEATH PENALTY 1246
BASIC PRINCIPLES OF THE INDEPENDENCE OF THE JUDICIARY 1247
BASIC PRINCIPLES ON THE ROLE OF LAWYERS 1250
BODY OF PRINCIPLES FOR THE PROTECTION OF ALL PERSONS UNDER ANY FORM OF
DETENTION
OR IMPRISONMENT 1254
THE ROBBEN ISLAND GUIDELINES (RIG) 1261
ECONOMIC AND SOCIAL COUNCIL. THE DEATH ROW PHENOMENON AS A VIOLATION OF
INTERNATIONAL LAW 1263
14.2 AFRICA 1265
AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS (AFRICAN CHARTER/ACHPR)
1265
PROTOCOL ON THE ESTABLISHMENT OF AN AFRICAN COURT ON HUMAN AND PEOPLES
RIGHTS 1277
AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD (ACRWC) 1283
PRINCIPLES AND GUIDELINES ON THE RIGHT TO A FAIR TRIAL AND LEGAL
ASSISTANCE IN
AFRICA 1296
GUIDELINES ON THE ROLE OF PROSECUTORS 1319
14.3 AMERICA 1323
AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN (ADRDM) 1323
AMERICAN CONVENTION ON HUMAN RIGHTS (ACHR) 1329
PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH
PENALTY 1347
INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE 1349
DETAILED CONTENTS LIII
14.4 ARAB 1353
ARAB CHARTER ON HUMAN RIGHTS 1353
14.5 EUROPE 1360
EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS (ECHR) 1360
ELEVENTH PROTOCOL 1377
SECOND PROTOCOL 1374
SIXTH PROTOCOL TO THE EUROPEAN CONVENTION, CONCERNING THE ABOLITION OF
THE DEATH
PENALTY IN PEACE TIME 1376
THIRTEENTH PROTOCOL TO THE EUROPEAN CONVENTION, CONCERNING THE ABOLITION
OF THE
DEATH PENALTY IN ALL CIRCUMSTANCES 1378
EUROPEAN CONVENTION FOR THE PREVENTION OF TORTURE AND INHUMAN AND
DEGRADING
TREATMENT OR PUNISHMENT 1380
TABLE OF RATIFICATIONS AS OF JANUARY 2005 1386
BIBLIOGRAPHY 1389
|
| adam_txt |
OUTLINE CONTENTS
FUNDERS AND PROJECT PARTNER II
ABBREVIATIONS LV
TABLE OF CASES LVII
CASES BY SUBJECT LXV
INTRODUCTION AND ACKNOWLEDGEMENTS LXXXIX
HUMAN RIGHTS SECTION
1. USING HUMAN RIGHT STANDARDS IN COURT 3
2. CRIMINAL INVESTIGATIONS 8
3. ARREST AND PRE-TRIAL ISSUES 10
4. FAIR TRIAL 14
5. SENTENCE 19
6. APPEALS 21
7. PRISONERS 22
8. HUMAN RIGHTS SYSTEMS 25
DEATH PENALTY SECTION
9. RIGHTS REPORTS AND PRINCIPLES 79
CASE SUMMARIES SECTION
165
623
623
649
676
700
746
776
817
844
869
899
928
967
990
1017
1037
1071
BIBLIOGRAPHY 1089
10.
11.
12.
13.
14.
CASE SUMMARIES
COUNTRY FILES
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
11.13
BOTSWANA
CAMEROON
GHANA
KENYA
LESOTHO
MALAWI
NIGERIA
SIERRA LEONE
SWAZILAND
TANZANIA
UGANDA
ZAMBIA
ZIMBABWE
APPLICATION FORMS
INTERNET RESEARCH AND SOURCES
INTERNATIONAL TREATIES INDEX
AFRICA SECTION
APPENDIXES
DETAILED CONTENTS
FUNDERS AND PROJECT PARTNER II
ABBREVIATIONS LV
TABLE OF CASES LVII
CASES BY SUBJECT LXV
INTRODUCTION AND ACKNOWLEDGEMENTS LXXXIX
HUMAN RIGHTS SECTION
1. USING HUMAN RIGHT STANDARDS IN COURT 3
1.1 TREATIES 3
1.2 THE RIGHT OF ACCESS TO INTERNATIONAL HUMAN RIGHTS BODIES 3
1.3 UN TREATIES AND MONITORING BODIES 3
1.4 REGIONAL TREATIES AND MONITORING BODIES 4
1.4.1 AFRICA 4
1.4.2 AMERICA 5
1.4.3 EUROPE 5
1.5 NON-TREATY STANDARDS 6
1.6 THE STATUS OF INTERNATIONAL TREATIES IN DOMESTIC LAW 6
1.7 INTERPRETATION 7
2. CRIMINAL INVESTIGATIONS 8
2.1 SURVEILLANCE 8
2.2 INFORMERS AND UNDERCOVER OFFICERS 8
2.3 SEARCH AND SEIZURE 8
2.4 FINGERPRINTS, SAMPLES, AND PERSONAL DATA 9
3. ARREST AND PRE-TRIAL ISSUES 10
3.1 BASIC PROVISIONS 10
3.2 REASONABLE SUSPICION 10
3.3 REASONS 10
3.4 THE USE OF FORCE 11
3.5 ACCESS TO A LAWYER 11
3.6 QUESTIONING 11
3.7 THE RIGHT TO BE BROUGHT PROMPTLY BEFORE A COURT 11
3.8 BAIL 12
3.9 CONDITIONS OF DETENTION AND ILL-TREATMENT 12
3.10 HABEAS CORPUS 13
4. FAIR TRIAL 14
4.1 BASIC PROVISIONS 14
4.2 THE RIGHT TO BE INFORMED OF THE CHARGE 14
4.3 LENGTH OF PRE-TRIAL DETENTION 14
4.4 ADEQUATE TIME AND FACILITIES FOR THE DEFENCE 14
4.5 LEGAL AID AND LEGAL REPRESENTATION 15
4.6 DISCLOSURE 15
4.7 AN INDEPENDENT AND IMPARTIAL COURT 15
4.8 PUBLIC HEARING 16
4.9 PRESENCE OF THE ACCUSED 16
4.10 INTERPRETATION AND TRANSLATION 16
4.11 THE PRESUMPTION OF INNOCENCE 16
4.12 EQUALITY OF ARMS 16
I DETAILED CONTENTS
4.13 WITNESSES 17
4.14 UNLAWFULLY OBTAINED EVIDENCE 17
4.15 THE RIGHT TO SILENCE 17
4.16 CHILDREN 18
4.17 TRIAL WITHIN A REASONABLE PERIOD 18
4.18 RETROACTIVE OFFENCES 18
5. SENTENCE 19
5.1 INHUMAN AND DEGRADING SENTENCES 19
5.2 FAIR TRIAL GUARANTEES 19
5.3 RETROACTIVE PENALTIES 19
5.4 PROPORTIONALITY 19
5.5 CORPORAL PUNISHMENT 20
5.6 CIVIL IMPRISONMENT 20
6. APPEALS 21
6.1 FAIR TRIAL GUARANTEES 21
6.2 LEGAL AID REPRESENTATION 21
6.3 PRESENCE OF THE APPELLANT 21
7. PRISONERS 22
7.1 BASIC PROVISIONS 22
7.2 PRISON CONDITIONS 22
7.3 PRIVACY AND FAMILY LIFE 24
7.4 CORRESPONDENCE 24
7.5 MEDICAL TREATMENT 24
8. HUMAN RIGHTS SYSTEMS 25
8.1 THE AFRICAN SYSTEM 25
8.1.1 INTRODUCTION 25
THE AFRICAN UNION 25
THE FINANCIAL INSTITUTIONS 26
8.1.2 TREATIES 26
SUBSTANTIVE ARTICLES 27
AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS 27
AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD 27
8.1.3 HUMAN RIGHTS BODIES 28
THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS 28
THE AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS 28
THE AFRICAN COMMITTEE OF EXPERTS ON THE RIGHTS AND WELFARE OF THE CHILD
30
8.1.4 MAKING AN APPLICATION 30
PROCEDURE 30
THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS 30
INTRODUCTION 30
ADMISSIBILITY CRITERIA 31
SEIZURE 32
DECISION ON ADMISSIBILITY 32
ADMISSIBILITY OF A COMMUNICATION 32
PROCEDURE FOLLOWING ADMISSION 33
AMICABLE RESOLUTION 33
EVIDENCE AND BURDEN OF PROOF 33
CONSIDERATION ON THE MERITS 34
RECOMMENDATIONS 34
FOLLOW-UP ON THE COMMISSION'S RECOMMENDATIONS 35
INTERIM OR PROVISIONAL MEASURES 35
PROCEDURE FOR INTERSTATE COMMUNICATIONS 35
EXHAUSTION OF DOMESTIC REMEDIES 36
THE AFRICAN COMMITTEE OF EXPERTS ON THE RIGHTS AND WELFARE OF THE CHILD
36
DETAILED CONTENTS XI
THE REPORTING PROCEDURE 37
COMMUNICATIONS 37
INVESTIGATIONS 37
8.1.5 CONTACT DETAILS 38
8.1.6 SOURCES 38
8.2 THE INTER-AMERICAN SYSTEM 38
8.2.1 INTRODUCTION 39
8.2.2 TREATIES 39
THE AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN 39
THE AMERICAN CONVENTION ON HUMAN RIGHTS 40
ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN
THE AREA OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS 41
PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE
DEATH PENALTY 41
THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE 41
THE INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS 42
THE INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT, AND
ERADICATION OF VIOLENCE AGAINST WOMEN 42
INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST PERSONS WITH DISABILITIES 42
OTHER RELEVANT TREATIES/CONVENTIONS 42
8.2.3 HUMAN RIGHTS BODIES 43
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 43
THE INTER-AMERICAN COURT OF HUMAN RIGHTS 44
8.2.4 MAKING AN APPLICATION 45
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 45
COMMISSION PROCESSING OF INDIVIDUAL CASES 45
INDIVIDUAL COMPLAINTS 45
ADMISSIBILITY CRITERIA 46
PRECAUTIONARY MEASURES 46
ADMISSIBILITY 46
DECISIONS ON ADMISSIBILITY 46
PROCEDURE FOLLOWING ADMISSION 46
REFERRAL OF CASES TO THE COURT 47
SUBMISSION TO THE COURT 47
THE INTER-AMERICAN COURT ON HUMAN RIGHTS 48
ADVISORY OPINION 48
REFERRAL OF CASES TO THE COURT 48
PROCEDURE BEFORE THE COURT 49
EVIDENCE 49
AMICABLE RESOLUTION 49
PROVISIONAL MEASURES 49
8.2.5 CONTACT DETAILS 50
8.2.6 SOURCES 50
8.3 THE ARAB SYSTEM 50
8.3.1 INTRODUCTION 50
8.3.2 TREATIES 52
ARAB CHARTER ON HUMAN RIGHTS 52
SUBSTANTIVE ARTICLES 52
8.3.3 CONTACT DETAILS 53
8.4 THE EUROPEAN SYSTEM 53
8.4.1 INTRODUCTION 53
8.4.2 TREATIES 54
EUROPEAN CONVENTION ON HUMAN RIGHTS AND PROTOCOLS 1-13 54
SUBSTANTIVE ARTICLES 54
EUROPEAN CONVENTION FOR THE PREVENTION OR TORTURE AND INHUMAN AND
DEGRADING TREATMENT OR PUNISHMENT 55
XII DETAILED CONTENTS
8.4.3 HUMAN RIGHTS BODIES 56
EUROPEAN COURT OF HUMAN RIGHTS 56
COMPOSITION OF THE COURT 56
8.4.4 MAKING AN APPLICATION 56
EUROPEAN COURT OF HUMAN RIGHTS 56
ADMISSIBILITY CRITERIA 57
URGENT CASES AND INTERIM MEASURES 57
DECISION ON ADMISSIBILITY 57
PROCEDURE FOLLOWING ADMISSION 58
JUDGMENTS 58
THIRD PARTY INTERVENTIONS (ARTICLE 36) 59
APPEALS 59
STRIKING OUT OF THE LIST (ARTICLE 37) 59
BINDING FORCE AND EXECUTION OF JUDGMENTS 59
ADVISORY OPINIONS (ARTICLE 47) 59
THE EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE (CPT) 60
8.4.5 CONTACT DETAILS 60
8.4.6 SOURCES 60
8.5 THE UN SYSTEM 61
8.5.1 INTRODUCTION 61
HUMAN RIGHTS LAW 61
8.5.2 TREATIES 61
OTHER RELEVANT TREATIES 63
8.5.3 HUMAN RIGHTS BODIES 63
CHARTER BODIES 64
COMMISSION ON HUMAN RIGHTS 64
THE SUB-COMMISSION ON THE PROMOTION AND PROTECTION OF HUMAN
RIGHTS 64
TREATY MONITORING BODIES 65
HUMAN RIGHTS COMMITTEE 66
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS 66
COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION 66
COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN 67
COMMITTEE AGAINST TORTURE 67
COMMITTEE ON THE RIGHTS OF THE CHILD 67
THE INTERNATIONAL COURT OF JUSTICE 68
8.5.4 MAKING AN APPLICATION 68
CONSIDERATION OF INDIVIDUAL COMPLAINTS OR COMMUNICATIONS 68
HUMAN RIGHTS COMMITTEE 69
URGENT MEASURES 69
ADMISSIBILITY CRITERIA 69
PROCEDURES FOLLOWING ADMISSION 70
OTHER COMMITTEES 70
COMMITTEE ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS 71
COMMITTEE ON THE ELIMINATION OR RACIAL DISCRIMINATION 71
COMMITTEE ON THE RIGHTS OF THE CHILD 71
INDIVIDUAL COMMUNICATIONS (ARTICLE 77) 71
INTER-STATE COMMUNICATIONS (ARTICLE 76) 71
INTERNATIONAL COURT OF JUSTICE 72
CONTENTIOUS CASES BETWEEN STATES 72
ADVISORY OPINIONS 73
8.5.5 CONTACT DETAILS 73
8.5.6 SOURCES 74
DEATH PENALTY SECTION
9. RIGHTS REPORTS AND PRINCIPLES 79
9.1 THE RIGHT TO LIFE 79
9.1.1 DEFINITION 79
DETAILED CONTENTS XIII
9.1.2 INTERNATIONAL AND REGIONAL INSTRUMENTS 79
9.1.3 MONITORING BODIES 82
9.1.4 THE RIGHT TO LIFE AND THE DEATH PENALTY 82
9.1.5 RELEVANT PRINCIPLES 88
9.1.6 RELEVANT CASE LAW 89
9.2 THE RIGHT TO LIBERTY AND SECURITY OF THE PERSON 89
9.2.1 INTERNATIONAL AND REGIONAL INSTRUMENTS 89
9.2.2 MONITORING BODIES 92
9.2.3 RIGHT TO LIBERTY AND SECURITY OF PERSON AND THE DEATH PENALTY 92
9.2.4 RELEVANT CASE LAW 94
9.3 RIGHT TO A FAIR TRIAL 96
9.3.1 INTERNATIONAL AND REGIONAL INSTRUMENTS 96
INTERNATIONAL INSTRUMENTS 96
REGIONAL INSTRUMENTS 100
NON-TREATY BASED LAW 103
9.3.2 MONITORING BODIES 106
9.3.3 THE RIGHT TO A FAIR TRIAL AND THE DEATH PENALTY 106
INTERNATIONAL FAIR TRIAL STANDARDS AND THE DEATH PENALTY 106
RIGHT TO A FAIR TRIAL AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT,
AND IMPARTIAL TRIBUNAL 108
RIGHT TO BE TRIED WITHOUT UNDUE DELAY OR WITHIN A REASONABLE TIME AND
THE RIGHT OF AN ACCUSED TO HAVE ADEQUATE TIME FOR PREPARATION OF HIS
DEFENCE 111
RIGHT TO LEGAL ASSISTANCE AND PROPER DEFENCE 112
RIGHT TO APPEAL TO A HIGHER JUDICIAL BODY 113
9.3.4 RELEVANT PRINCIPLES 114
9.3.5 RELEVANT CASE LAW 115
THE RIGHT TO A FAIR HEARING 115
THE RIGHT TO BE TRIED BY AN INDEPENDENT AND IMPARTIAL TRIBUNAL 115
THE RIGHT TO BE TRIED WITHOUT UNDUE DELAY 115
THE RIGHT TO EFFECTIVE ASSISTANCE 115
9.4 TORTURE AND CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT 116
9.4.1 DEFINITIONS 116
9.4.2 INTERNATIONAL AND REGIONAL INSTRUMENTS 116
INTERNATIONAL INSTRUMENTS 116
REGIONAL INSTRUMENTS 119
9.4.3 MONITORING BODIES 120
9.4.4 TORTURE AND THE DEATH PENALTY 121
9.4.5 RELEVANT PRINCIPLES 124
9.4.6 RELEVANT CASE LAW 124
TORTURE AND THE DEATH PENALTY 124
TORTURE IN DETENTION/POLICE CUSTODY 125
TORTURE AND DISAPPEARANCE/DEATH IN CUSTODY 125
9.5 THE DEATH ROW PHENOMENON 125
9.5.1 DEFINITION 125
9.5.2 COMMENTARY 126
COLLATERAL ATTACKS 126
9.5.3 RELEVANT PRINCIPLES 131
DELAY 131
NOTICE OF EXECUTION AND THE EXECUTION WARRANT 132
MERCY 132
9.5.4 RELEVANT CASE LAW 132
9.5.5 BIBLIOGRAPHY 132
9.6 THE MANDATORY DEATH PENALTY 133
9.6.1 DEFINITION 133
9.6.2 COMMENTARY 133
9.6.3 RELEVANT PRINCIPLES 144
SENTENCING CRITERIA/GUIDELINES 145
XIV DETAILED CONTENTS
9.6.4 RELEVANT CASE LAW 145
9.6.5 BIBLIOGRAPHY 146
9.7 RIGHTS OF JUVENILES 146
9.7.1 DEFINITION 147
9.7.2 INTERNATIONAL AND REGIONAL INSTRUMENTS 147
INTERNATIONAL INSTRUMENTS 147
REGIONAL INSTRUMENTS 149
9.7.3 MONITORING BODIES 150
INTERNATIONAL 150
REGIONAL 150
9.7.4 JUVENILES AND THE DEATH PENALTY 151
9.7.5 RELEVANT PRINCIPLES 154
9.7.6 RELEVANT CASE LAW 154
THE JUVENILE DEATH PENALTY AND CUSTOMARY INTERNATIONAL LAW 154
FAIR TRIAL OF MINORS 155
CASE LAW FROM THE UNITED STATES 155
9.8 THE DEATH PENALTY AND DIMINISHED MENTAL CAPACITY 155
9.8.1 DEFINITION 155
9.8.2 INTERNATIONAL AND REGIONAL INSTRUMENTS 156
INTERNATIONAL INSTRUMENTS 156
9.8.3 MONITORING BODIES 157
UN SPECIAL RAPPORTEUR ON EXTRAJUDICIAL, SUMMARY, OR ARBITARY
EXECUTIONS 157
9.8.4 DIMINISHED MENTAL CAPACITY AND THE DEATH PENALTY 157
9.8.5 RELEVANT PRINCIPLES 159
9.8.6 RELEVANT CASE LAW 159
9.9 PREGNANT WOMEN AND THE DEATH PENALTY 159
9.9.1 DEFINITION 159
9.9.2 INTERNATIONAL AND REGIONAL INSTRUMENTS 159
INTERNATIONAL INSTRUMENTS 159
GENEVA CONVENTIONS 160
REGIONAL INSTRUMENTS 160
9.9.3 MONITORING BODIES 160
9.9.4 PREGNANCY AND THE DEATH PENALTY 160
9.9.5 RELEVANT PRINCIPLES 161
9.9.6 RELEVANT CASE LAW 161
CASE SUMMARIES SECTION
10. CASE SUMMARIES 165
10.1 AFRICAN COMMISSION ON HUMAN AND PEOPLES'RIGHTS 165
10.2 THE AMERICAN SYSTEM 172
10.2.1 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 172
10.2.2 INTER-AMERICAN COURT ON HUMAN RIGHTS 182
10.3 THE EUROPEAN SYSTEM 191
10.3.1 EUROPEAN COMMISSION ON HUMAN RIGHTS 191
10.3.2 EUROPEAN COURT OF HUMAN RIGHTS 192
10.4 THE UN SYSTEM 389
10.4.1 COMMITTEE AGAINST TORTURE 389
10.4.2 HUMAN RIGHTS COMMITTEE 399
10.5 PRIVY COUNCIL 528
10.6 OTHER COURTS 558
10.6.1 SOUTH AFRICAN CONSTITUTIONAL COURT 558
10.6.2 NATIONAL AFRICAN DOMESTIC CASES 580
CAMEROON 580
GHANA 582
LESOTHO 583
MALAWI 590
DETAILED CONTENTS XV
NIGERIA 593
SIERRA LEONE 599
TANZANIA 604
UGANDA 606
ZAMBIA 615
AFRICA SECTION
11. COUNTRY FILES 623
11.1 BOTSWANA 623
PART 1: INTERNATIONAL INSTRUMENTS 623
11.1.1 INTERNATIONAL INSTRUMENTS 623
11.1.2 AFRICAN AND NATIONAL INSTRUMENTS 623
INCOMPATIBILITY 623
PART 2: INTERNATIONAL STANDARDS 624
11.1.3 JUVENILE OFFENDERS 624
11.1.4 PREGNANT WOMEN 624
11.1.5 CLEMENCY/PARDON 624
11.1.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 624
SPECIAL PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 624
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDENT
CHILDREN 624
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 624
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 624
11.1.7 CLEMENCY/MERCY 625
11.1.8 EXTRADITION 625
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 625
ENFORCEMENT 625
OFFENCES 625
CASE-LAW 625
LEGAL PROVISIONS REGULATING PROCEDURES FOR EXTRADITION 625
'ASSOCIATED STATES' 625
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 625
PART 3: STATISTICS 626
11.1.9 NUMBER OF DEATH SENTENCES PASSED 626
11.1.10 NUMBER OF EXECUTIONS 626
11.1.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY 626
11.1.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 626
11.1.13 THE YOUNGEST PERSON SENTENCED TO DEATH 626
11.1.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS,
AND COMMUTATIONS 626
11.1.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 626
11.1.16 APPEALS 626
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 626
NUMBER AWAITING THE OUTCOME OF AN APPEAL 627
11.1.17 EXTRA-JUDICIAL EXECUTIONS 627
PART 4: LEGAL FRAMEWORK 627
11.1.18 STATUS 627
11.1.19 MORATORIUM 627
11.1.20 METHOD OF EXECUTION 627
11.1.21 SCOPE 627
11.1.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 628
PENAL CODE 628
BOTSWANA DEFENCE FORCES ACT 629
XVI DETAILED CONTENTS
11.1.23 CONSTITUTIONAL PROVISIONS AND CHALLENGES 630
RIGHT TO LIFE 630
RIGHT TO LIBERTY 630
PROHIBITION OF TORTURE 631
RIGHT TO FAIR TRIAL 632
APPLICATION OF THE DEATH PENALTY 633
CLEMENCY/MERCY /PARDON 633
SAVING CLAUSES 633
DECLARATION RELATING TO EMERGENCIES 634
APPLICATION OF INTERNATIONAL LAW 634
PART 5: LEGAL SYSTEM 634
11.1.24 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 634
11.1.25 THE BOTSWANA COURT SYSTEM 634
SUPERIOR COURTS 636
COURT OF APPEAL 636
HIGH COURT 637
INFERIOR COURTS 637
MAGISTRATES' COURTS 638
OTHER INFERIOR COURTS 638
11.1.26 COURT JUSTICE: WHAT 'COURTS' PASS THE DEATH PENALTY SENTENCE?
638
11.1.27 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF MURDER
639
11.1.28 PRE-TRIAL 639
11.1.29 ARREST 639
CONDITIONS TO ARREST 639
REASONS GIVEN FOR ARREST 639
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 639
DETENTION 639
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 639
TREATMENT OF ARRESTED PEOPLE 639
CORRESPONDENCE 639
DEATHS IN CUSTODY 639
MECHANISM TO PREVENT TORTURE 640
SECRET/INCOMMUNICADO DETENTION 640
POWER OF THE ATTORNEY-GENERAL POWER PRE-TRIAL 640
REQUEST AN ARREST 640
ALTERNATIVE TO PUBLIC PROSECUTION 640
11.1.30 SEARCH AND SEIZURE 640
SEARCH 640
SEIZURE 641
11.1.31 CONFESSIONS 641
INVESTIGATIONS 641
11.1.32 BAIL AND RELEASE 641
11.1.33 THE CHARGE 641
11.1.34 LEGAL REPRESENTATION AND RELATED RIGHTS 642
LEGAL REPRESENTATION BY APPOINTED OR CHOSEN; RIGHT TO LEGAL
ASSISTANCE 642
11.1.35 THE PLEA 642
11.1.36 CASE PREPARATION 642
HOW MUCH TIME ANY PLEA FOR EXTENSION ALLOWED 642
11.1.37 DISCLOSURE 643
11.1.38 TRIAL 643
11.1.39 RIGHT TO TRIAL 643
11.1.40 TRIAL DETAILS 643
DURATION 643
JURY SYSTEM AND JUDGES 643
JUDGES 643
RULES TO PREVENT UNDUE DELAY 643
TYPE OF QUESTIONS ASKED BY PARTIES 643
RIGHT TO REMAIN SILENT AT TRIAL 644
DETAILED CONTENTS XVII
11.1.41 EVIDENCE 644
PREVIOUS CONVICTIONS 644
ADMISSIBLE EVIDENCE 644
HEARSAY 644
CONFESSION 644
DOCUMENT 644
STATEMENT 644
VOLUNTARY STATEMENT FROM ABROAD 644
EXPERT WITNESS AND EVIDENCE 644
EXAMINATION OF WITNESSES BEFORE THE TRIAL 645
11.1.42 POST TRIAL 645
11.1.43 REVIEWS AND APPEALS 645
APPEAL 645
THE PROCESS 645
AVAILABILITY 645
REPRESENTATION 645
OUTCOME 645
REVIEW 645
BACKLOG 645
SELF-INCRIMINATION 649
RETROACTIVE APPLICATION OF CRIMINAL LAW 646
DOUBLE JEOPARDY 646
11.1.44 LEGAL REPRESENTATION AND LEGAL AID 646
11.1.45 COMPENSATION AND RESTITUTION 646
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION 646
TYPE OF COMPENSATION OR RESTITUTION 646
11.1.46 SERVING SENTENCE/PAROLE 646
SENTENCING*MITIGATING FACTORS 646
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL,
CONDITIONS) 646
'DEATH ROW PHENOMENON' 646
DEATH ROW 646
DEATHS IN CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 647
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 647
PAROLE 647
TREATMENT OF DEATH ROW PRISONERS 647
11.1.47 DEATH WARRANT 647
11.1.48 EXECUTION 647
PUBLIC/PRIVATE 647
EXECUTIONS PENDING TRIAL/APPEAL 648
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 648
PART 6: GENERAL HUMAN RIGHTS ISSUES 648
11.1.49 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 648
11.1.50 FAIR TRIAL 648
11.1.51 REFORM AND IMPROVEMENT 648
11.1.52 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 648
11.1.53 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 648
11.1.54 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
648
11.1.55 CUSTODY AND RESPECT OF HUMAN RIGHTS OF OFFICIALS 648
11.1.56 MOST DIFFICULT CHALLENGE(S) BEING FACED BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 649
11.1.57 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 649
11.1.58 GENERAL TRENDS IN DEATH PENALTY CASES 649
XVIII DETAILED CONTENTS
11.2 CAMEROON 649
PART 1: INTERNATIONAL INSTRUMENTS 649
11.2.1 INTERNATIONAL INSTRUMENTS 649
11.2.2 AFRICAN AND NATIONAL INSTRUMENTS 651
INCOMPATABILITY 651
PART 2: INTERNATIONAL STANDARDS 652
11.2.3 JUVENILE OFFENDERS 652
11.2.4 PREGNANT WOMAN 652
11.2.5 CLEMENCY/PARDON 652
11.2.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 652
SPECIAL PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 652
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 652
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 652
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 652
11.2.7 CLEMENCY/MERCY 653
STATISTICS 653
11.2.8 EXTRADITION 653
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 653
ENFORCEMENT 653
OFFENCES 654
CASE-LAW 654
LEGAL PROVISIONS REGULATING PROCEDURES FOR EXTRADITION 656
'ASSOCIATED STATES' 656
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 656
PART 3: STATISTICS 657
11.2.9 NUMBER OF DEATH SENTENCES PASSED 657
11.2.10 NUMBER OF EXECUTIONS 657
11.2.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED? 657
11.2.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 657
11.2.13 THE YOUNGEST PERSON SENTENCED TO DEATH 658
11.2.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCE, EXECUTIONS,
PARDONS,
AND COMMUTATIONS; LEGAL AND ADMINISTRATIVE REGULATIONS ON THE
COMPILATION
AND RETENTION OF SUCH STATISTICS 658
11.2.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 658
11.2.16 APPEALS 658
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 658
NUMBER AWAITING THE OUTCOME OF AN APPEAL 658
11.2.17 EXTRA-JUDICIAL EXECUTIONS 658
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 658
PART 4: LEGAL FRAMEWORK 659
11.2.18 STATUS 659
11.2.19 SCOPE 659
11.2.20 MORATORIUM 659
11.2.21 METHOD OF EXECUTION 659
11.2.22 CRIMES PUNISHABLE BY THE DEATH PENALTY 659
11.2.23 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 659
CRIMINAL PROVISIONS 659
11.2.24 CONSTITUTIONAL PROVISIONS AND CHALLENGES 660
11.2.25 CASE-LAW 662
PART 5: LEGAL SYSTEM 663
11.2.26 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 663
DETAILED CONTENTS XIX
11.2.27 THE CAMEROON COURT SYSTEM 663
THE MAGISTRATES COURT 664
THE HIGH COURT 664
THE COURT OF APPEAL 664
THE SUPREME COURT 664
THE STATE SECURITY COURT 664
THE MILITARY COURT 664
THE COURT OF IMPEACHMENT 665
11.2.28 COURT JUSTICE: WHAT 'COURTS' PASS THE DEATH PENALTY SENTENCE?
665
COURT RECOGNIZED BY LAW AND OTHER 'COURTS' 665
11.2.29 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF MURDER
665
11.2.30 PRE-TRIAL 665
11.2.31 ARREST 665
CONDITIONS TO ARREST 665
REASONS GIVEN FOR ARREST 666
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 666
DETENTION 666
MAXIMUM DETENTION TIME 666
EXTENSION OF THIS TIME 666
TREATMENT OF ARRESTED PEOPLE 666
CORRESPONDENCE 666
DEATHS IN CUSTODY 666
MECHANISM TO PREVENT TORTURE 666
SECRET/INCOMMUNICADO DETENTION 667
POWER OF THE ATTORNEY-GENERAL PRE-TRIAL 667
REQUEST AN ARREST 667
DECLINES TO PROSECUTE 667
11.2.32 SEARCH AND SEIZURE 667
AUTHORISED BY THE COURT AND CARRIED OUT WITHOUT AUTHORIZATION 667
INSTANCES OF SEARCHES CARRIED OUT WITHOUT AUTHORIZATION 667
11.2.33 CONFESSIONS 668
INVESTIGATIONS 668
11.2.34 BAIL AND RELEASE 668
11.2.35 THE CHARGE 668
CRITERIA 668
11.2.36 LEGAL REPRESENTATION AND RELATED RIGHTS 668
11.2.37 THE PLEA 669
PROCEDURE FOR GUILTY PLEA 669
NOT GUILTY PLEA 669
11.2.38 CASE PREPARATION 669
HOW MUCH TIME ANY PLEA FOR EXTENSION ALLOWED 669
11.2.39 DISCLOSURE 669
PROSECUTION 669
DEFENCE 669
11.2.40 TRIAL 669
11.2.41 GUARANTEED A RIGHT TO TRIAL 669
11.2.42 TRIAL DETAILS 669
DURATION 669
JURY SYSTEM AND JUDGES 670
JURY SELECTION 670
JURY INSTRUCTIONS PRELIMINARY 670
JUDGES 670
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 670
TYPE OF QUESTIONS ASKED BY PARTIES 670
RIGHT TO REMAIN SILENT AT TRIAL 670
11.2.43 EVIDENCE 670
PREVIOUS CONVICTIONS 670
ADMISSIBLE EVIDENCE 671
DETAILED CONTENTS
HEARSAY 671.
CONFESSION 671
DOCUMENT 671
STATEMENT 671
VOLUNTARY STATEMENT FROM ABROAD 671
EXPERT WITNESS AND EVIDENCE 671
EXAMINATION OF WITNESSES BEFORE THE TRIAL 671
11.2.44 POST-TRIAL 671
11.2.45 REVIEWS AND APPEALS 671
APPEAL 671
THE PROCESS 671
AVAILABILITY 672
REPRESENTATION 672
OUTCOME 672
REVIEW 672
BACKLOG 672
SELF-INCRIMINATION, RETROACTIVE APPLICATION OF CRIMINAL LAW, DOUBLE
JEOPARDY 672
11.2.46 LEGAL REPRESENTATION AND LEGAL AID 672
11.2.47 COMPENSATION AND RESTITUTION 672
TYPE OF COMPENSATION OR RESTITUTION 672
11.2.48 SERVING SENTENCE/PAROLE 672
SENTENCING*MITIGATING FACTORS 672
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 673
'DEATH ROW PHENOMENON' 673
DEATH ROW 673
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 673
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 673
PAROLE 673
TREATMENT OF DEATH ROW PRISONERS 673
11.2.49 DEATH WARRANT 673
11.2.50 EXECUTION 673
PUBLIC/PRIVATE 673
METHOD 674
PART 6: GENERAL HUMAN RIGHTS ISSUES 674
11.2.51 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 674
11.2.52 FAIR TRIAL 674
11.2.53 REFORM AND IMPROVEMENT 674
11.2.54 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 675
11.2.55 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE
DEATH PENALTY 675
11.2.56 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
675
11.2.57 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 675
11.2.58 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 675
11.2.59 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 675
11.2.60 GENERAL TRENDS IN DEATH PENALTY CASES 676
11.3 GHANA 676
PART 1: INTERNATIONAL INSTRUMENTS 676
11.3.1 INTERNATIONAL INSTRUMENTS 676
11.3.2 AFRICAN AND NATIONAL INSTRUMENTS 676
INCOMPATIBILITY 676
PART 2: INTERNATIONAL STANDARDS 676
11.3.3 JUVENILE OFFENDERS 676
11.3.4 PREGNANT WOMAN 677
DETAILED CONTENTS XXI
11.3.5 CLEMENCY/PARDON 677
11.3.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 677
SPECIAL PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 677
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 677
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 677
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 677
11.3.7 CLEMENCY/MERCY 677
RIGHT TO SEEK PARDON OR COMMUTATION IN ALL DEATH PENALTY CASES OR
FOR SPECIFIC CRIMES 677
STATISTICS 678
11.3.8 EXTRADITION 678
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 678
ENFORCEMENT 678
OFFENCES 678
CASE-LAW 678
LEGAL PROVISIONS REGULATING PROCEDURES FOR EXTRADITION 678
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 678
'ASSOCIATED STATES' 679
PART 3: STATISTICS 679
11.3.9 NUMBER OF DEATH SENTENCES PASSED 679
11.3.10 NUMBER OF EXECUTIONS 679
11.3.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED? 680
11.3.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 680
11.3.13 THE YOUNGEST PERSON SENTENCED TO DEATH 680
11.3.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCE, EXECUTIONS,
PARDONS,
AND COMMUTATIONS 681
11.3.15 LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION AND
RETENTION OF
SUCH STATISTICS 681
11.3.16 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 681
11.3.17 APPEALS 681
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 681
NUMBER AWAITING THE OUTCOME OF AN APPEAL 681
11.3.18 EXTRA-JUDICIAL EXECUTIONS 681
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 681
PART 4: LEGAL FRAMEWORK 682
11.3.19 STATUS 682
11.3.20 MORATORIUM 682
11.3.21 METHOD OF EXECUTION 682
11.3.22 SCOPE 682
11.3.23 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 682
CRIMINAL CODE 1960, ACT 29 682
11.3.24 CONSTITUTIONAL PROVISIONS 683
RIGHT TO LIFE 683
RIGHT TO LIBERTY 683
PROHIBITION OF TORTURE/RESPECT FOR HUMAN DIGNITY 684
RIGHT TO FAIR TRIAL 684
APPLICATION OF THE DEATH PENALTY 686
CLEMENCY/MERCY PARDON 686
SAVING CLAUSES 687
APPLICATION OF INTERNATIONAL LAW 687
DETAILED CONTENTS
PART 5: LEGAL SYSTEM
11.3.25 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 688
11.3.26 THE GHANAIAN COURT SYSTEM 688
SUPREME COURT 688
COURT OF APPEAL 688
HIGH COURT 688
CIRCUIT COURTS 689
DISTRICT COURTS 689
MILITARY TRIBUNALS 689
11.3.27 COURT JUSTICE: WHAT 'COURTS' PASS THE DEATH PENALTY SENTENCE?
689
COURT RECOGNIZED BY LAW AND OTHER 'COURTS' 689
11.3.28 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF MURDER
690
11.3.29 PRE-TRIAL 690
11.3.30 ARREST 690
CONDITIONS TO ARREST 690
REASONS GIVEN FOR ARREST 690
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 690
DETENTION 690
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 690
TREATMENT OF ARRESTED PEOPLE 690
CORRESPONDENCE 691
DEATHS IN CUSTODY 691
MECHANISM TO PREVENT TORTURE 691
SECRET/INCOMMUNICADO DETENTION 691
POWER OF THE ATTORNEY-GENERAL PRE-TRIAL 691
REQUEST AN ARREST 691
DECLINES TO PROSECUTE 691
11.3.31 SEARCH AND SEIZURE 691
11.3.32 CONFESSIONS 692
INVESTIGATIONS 692
11.3.33 BAIL AND RELEASE 692
11.3.34 THE CHARGE 692
CRITERIA 692
11.3.35 LEGAL REPRESENTATION AND RELATED RIGHTS 692
11.3.36 THE PLEA 692
PROCEDURE FOR GUILTY PLEA 692
NOT GUILTY PLEA 692
11.3.37 CASE PREPARATION 693
HOW MUCH TIME ANY PLEA FOR EXTENSION ALLOWED 693
11.3.38 DISCLOSURE 693
PROSECUTION 693
DEFENCE 693
11.3.39 TRIAL 693
11.3.40 GUARANTEED A RIGHT TO TRIAL 693
11.3.41 TRIAL DETAILS 693
DURATION 693
JURY SYSTEM AND JUDGES 693
JURY SELECTION 693
JUDGES 693
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 693
TYPE OF QUESTIONS ASKED BY PARTIES 694
11.3.42 EVIDENCE 694
ADMISSIBLE EVIDENCE 694
HEARSAY 694
CONFESSION 694
DOCUMENT 694
STATEMENT 694
VOLUNTARY STATEMENT FROM ABROAD 694
EXPERT WITNESS AND EVIDENCE 695
DETAILED CONTENTS XXIII
11.3.43 POST-TRIAL 695
11.3.44 REVIEWS AND APPEALS 695
APPEAL 695
THE PROCESS 695
AVAILABILITY 695
REPRESENTATION 695
OUTCOME 695
REVIEW 695
BACKLOG 695
SELF-INCRIMINATION 695
11.3.45 LEGAL REPRESENTATION AND LEGAL AID 696
11.3.46 COMPENSATION AND RESTITUTION 696
TYPE OF COMPENSATION OR RESTITUTION 696
11.3.47 SERVING SENTENCE/PAROLE 696
SENTENCING*MITIGATING FACTORS 696
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 696
'DEATH ROW PHENOMENON' 696
DEATH ROW 696
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 696
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 696
PAROLE 697
TREATMENT OF DEATH ROW PRISONERS 697
11.3.48 DEATH WARRANT 697
11.3.49 EXECUTION 697
PART 6: GENERAL HUMAN RIGHTS ISSUES 698
11.3.50 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 698
11.3.51 FAIR TRIAL 698
11.3.52 REFORM AND IMPROVEMENT 698
11.3.53 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF
DEATH PENALTY 698
11.3.54 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 698
11.3.55 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE
DEATH PENALTY 698
11.3.56 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
699
11.3.57 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 699
11.3.58 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 699
11.3.59 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 699
11.3.60 GENERAL TRENDS IN DEATH PENALTY CASES 699
11.4 KENYA 700
PART 1: INTERNATIONAL INSTRUMENTS 700
11.4.1 INTERNATIONAL INSTRUMENTS 700
11.4.2 AFRICAN AND NATIONAL INSTRUMENTS 702
INCOMPATIBILITY 702
PART 2: INTERNATIONAL STANDARDS 702
11.4.3 JUVENILE OFFENDERS 702
11.4.4 PREGNANT WOMAN 702
11.4.5 CLEMENCY/PARDON 702
11.4.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 702
SPECIAL PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 702
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 704
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 704
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 705
XXIV DETAILED CONTENTS
11.4.7 CLEMENCY/MERCY 705
RIGHT TO SEEK PARDON OR COMMUNICATION IN ALL DEATH PENALTY CASES OR FOR
SPECIFIC CRIMES 705
11.4.8 EXTRADITION 705
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 705
ENFORCEMENT 706
OFFENCES 706
CASE-LAW 706
PART 3: STATISTICS 706
11.4.9 NUMBER OF DEATH SENTENCES PASSED 706
11.4.10 NUMBER OF EXECUTIONS 706
11.4.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED? 706
11.4.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 707
11.4.13 THE YOUNGEST PERSON SENTENCED TO DEATH 707
11.4.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCE, EXECUTIONS,
PARDONS,
AND COMMUTATIONS; LEGAL AND ADMINISTRATIVE REGULATIONS ON THE
COMPILATION
AND RETENTION OF SUCH STATISTICS 707
11.4.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 707
11.4.16 APPEALS 707
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 707
NUMBER AWAITING THE OUTCOME OF AN APPEAL? 708
11.4.17 EXTRA-JUDICIAL EXECUTIONS 708
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 708
PART 4: LEGAL FRAMEWORK 708
11.4.18 STATUS 708
11.4.19 SCOPE 708
11.4.20 MORATORIUM 709
11.4.21 METHOD OF EXECUTION 709
11.4.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 709
11.4.23 PENAL CODE CAP 63 OF THE LAWS OF KENYA 709
11.4.24 ARMED FORCES ACT, CAP 199 OF THE LAWS OF KENYA 709
11.4.25 CONSTITUTIONAL PROVISIONS AND CHALLENGES 710
RIGHT TO LIFE 710
RIGHT TO LIBERTY 710
PROHIBITION OF TORTURE 714
RIGHT TO FAIR TRIAL 715
APPLICATION OF THE DEATH PENALTY 725
CLEMENCY/MERCY PARDON 725
SAVING CLAUSES 726
APPLICATION OF INTERNATIONAL LAW 727
PART 5: LEGAL SYSTEM 727
11.4.26 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 727
11.4.27 THE KENYA COURT SYSTEM 727
COURT OF APPEAL 728
HIGH COURT 729
KADHIS' COURTS 730
11.4.28 COURT JUSTICE: WHAT'COURTS'PASS THE DEATH PENALTY SENTENCE? 730
11.4.29 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF MURDER
730
11.4.30 PRE-TRIAL 731
11.4.31 ARREST 731
CONDITIONS FOR ARREST 731
REASONS GIVEN FOR ARREST 731
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 731
DETENTION 731
DETAILED CONTENTS
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME
TREATMENT OF ARRESTED PEOPLE
CORRESPONDENCE
DEATHS IN CUSTODY
MECHANISM TO PREVENT TORTURE
SECRET/INCOMMUNICADO DETENTION
POWER OF THE ATTORNEY-GENERAL
REQUEST AN ARREST
DECLINES TO PROSECUTE
11.4.32 SEARCH AND SEIZURE
11.4.33 CONFESSIONS
INVESTIGATIONS
11.4.34 BAIL AND RELEASE
11.4.35 THE CHARGE
CRITERIA
11.4.36 LEGAL REPRESENTATION AND RELATED RIGHTS
11.4.37 THE PLEA
PROCEDURE FOR GUILTY PLEA
NOT GUILTY PLEA
11.4.38 CASE PREPARATION
PLEA FOR EXTENSION
11.4.39 DISCLOSURE
PROSECUTION
DEFENCE
11.4.40 TRIAL
11.4.41 GUARANTEED RIGHT TO TRIAL
11.4.42 TRIAL DETAILS
DURATION
JURY SYSTEM AND JUDGES
ASSESSORS' SELECTION
ASSESSORS' INSTRUCTIONS PRELIMINARY
PROPOSALS TO INTRODUCE JURY SYSTEM FOR CAPITAL PUNISHMENT CASES
JUDGES
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS
TYPE OF QUESTIONS ASKED BY PARTIES
11.4.43 EVIDENCE
PREVIOUS CONVICTIONS
ADMISSIBLE EVIDENCE
HEARSAY
CONFESSION
DOCUMENT
EXPERT WITNESS AND EVIDENCE
11.4.44 POST-TRIAL
11.4.45 REVIEWS AND APPEALS
APPEAL
THE PROCESS
AVAILABILITY
REVIEW
BACKLOG
SELF-INCRIMINATION, RETROACTIVE APPLICATION OF CRIMINAL LAW, DOUBLE
JEOPARDY
11.4.46 LEGAL REPRESENTATION AND LEGAL AID
11.4.47 COMPENSATION AND RESTITUTION
COMPENSATION FOR WRONGFUL ARREST/CONVICTION; TYPE OF COMPENSATION/
RESTITUTION
11.4.48 SERVING SENTENCE/PAROLE
SENTENCING*MITIGATING FACTORS
731
732
732
732
732
733
733
733
733
734
734
734
735
735
735
735
735
735
736
736
736
736
736
738
739
739
739
739
739
739
739
740
740
740
740
740
740
741
741
741
741
741
741
741
741
741
741
741
741
741
742
742
742
742
742
XXVI DETAILED CONTENTS
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 742
'DEATH ROW PHENOMENON' 742
DEATH ROW 742
DEATHS IN CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 742
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 743
TREATMENT OF DEATH ROW PRISONERS 743
11.4.49 DEATH WARRANT 743
11.4.50 EXECUTION 743
METHOD 744
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 744
PART 6: GENERAL HUMAN RIGHTS ISSUES 744
11.4.51 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 744
11.4.52 FAIR TRIAL 744
11.4.53 REFORM AND IMPROVEMENT 744
11.4.54 TRIAL PROCEEDINGS' IMPACT ON HUMAN RIGHTS AND APPLICATION OF
DEATH PENALTY 745
11.4.55 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 745
11.4.56 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE
DEATH PENALTY 745
11.4.57 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
745
11.4.58 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 746
11.4.59 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 746
11.4.60 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 746
11.4.61 GENERAL TRENDS IN DEATH PENALTY CASES 746
11.5 LESOTHO 746
PART 1: INTERNATIONAL INSTRUMENTS 746
11.5.1 INTERNATIONAL INSTRUMENTS 746
11.5.2 AFRICAN AND NATIONAL INSTRUMENTS 747
INCOMPATIBILITY 747
PART 2: INTERNATIONAL STANDARDS 747
11.5.3 JUVENILE OFFENDERS/PREGNANT WOMEN 747
11.5.4 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 747
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 747
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 747
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 748
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 748
11.5.5 CLEMENCY/MERCY 748
RIGHT TO SEEK PARDON OR COMMUTATION IN ALL DEATH PENALTY CASES OR FOR
SPECIFIC CRIMES 748
STATISTICS 748
11.5.6 EXTRADITION 748
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 748
ENFORCEMENT 749
OFFENCES 749
CASE-LAW 749
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 750
'ASSOCIATED STATES' 750
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 750
PART 3: STATISTICS 750
11.5.7 NUMBER OF DEATH SENTENCES PASSED 750
11.5.8 NUMBER OF EXECUTIONS 750
11.5.9 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY 750
DETAILED CONTENTS XXVII
11.5.10 NUMBER OF WHICH WERE SENTENCED TO DEATH 751
11.5.11 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 751
11.5.12 THE YOUNGEST PERSON SENTENCED TO DEATH 751
11.5.13 KEEPING OF STATISTICS ON SENTENCE, EXECUTIONS, PARDONS, AND
COMMUTATIONS 751
11.5.14 LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION AND
RETENTION OF
SUCH STATISTICS 751
11.5.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 751
11.5.16 APPEALS 751
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 751
NUMBER AWAITING THE OUTCOME OF AN APPEAL 752
11.5.17 EXTRA-JUDICIAL EXECUTIONS 752
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 752
PART 4: LEGAL FRAMEWORK 752
11.5.18 STATUS 752
11.5.19 MORATORIUM 752
11.5.20 METHOD OF EXECUTION 752
11.5.21 SCOPE 752
11.5.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 753
CRIMINAL PROCEDURE AND EVIDENCE ACT 753
SEXUAL OFFENCES ACT 753
LESOTHO DEFENCE FORCE ACT 4 OF 1996 753
AIDING THE ENEMY 753
COMMUNICATION WITH THE ENEMY 754
COWARDLY BEHAVIOUR 754
MUTINY 754
FAILURE TO SUPPRESS MUTINY 755
PERSONS SUBJECT TO THIS ACT 755
11.5.23 CONSTITUTIONAL PROVISIONS 755
RIGHT TO LIFE 755
RIGHT TO LIBERTY 755
PROHIBITION OF TORTURE 757
RIGHT TO A FAIR TRIAL 757
APPLICATION OF THE DEATH PENALTY 758
CLEMENCY/MERCY 759
SAVING CLAUSES 759
APPLICATION OF INTERNATIONAL LAW 760
PART 5: LEGAL SYSTEM 760
11.5.24 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 760
11.5.25 THE LESOTHO COURT SYSTEM 760
COURT OF APPEAL 760
HIGH COURT 761
SUBORDINATE COURTS 761
11.5.26 COURT JUSTICE: WHAT'COURTS'PASS THE DEATH PENALTY SENTENCE? 761
11.5.27 SCOPE OF THE COURTS' JURISDICTION IN DEALING WITH CASES OF
MURDER 761
11.5.28 PRE-TRIAL 762
11.5.29 ARREST 762
CONDITIONS FOR ARREST 762
REASONS GIVEN FOR ARREST 762
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 762
DETENTION 762
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 762
TREATMENT OF ARRESTED PEOPLE 763
CORRESPONDENCE 763
DEATHS IN CUSTODY 763
MECHANISM TO PREVENT TORTURE 763
SECRET/INCOMMUNICADO DETENTION 763
DETAILED CONTENTS
POWER OF THE ATTORNEY-GENERAL 763
REQUEST AN ARREST 763
DECLINES TO PROSECUTE 763
11.5.30 SEARCH AND SEIZURE 763
AUTHORIZED BY THE COURT AND CARRIED OUT WITHOUT AUTHORIZATION 763
11.5.31 CONFESSIONS 764
INVESTIGATIONS 764
11.5.32 BAIL AND RELEASE 764
11.5.33 THE CHARGE
764
CRITERIA
764
11.5.34 LEGAL REPRESENTATION AND RELATED RIGHTS 765
11.5.35 THE PLEA 765
PROCEDURE FOR GUILTY PLEA 765
NOT GUILTY PLEA 765
11.5.36 CASE PREPARATION 765
11.5.37 DISCLOSURE 766
PROSECUTION 766
DEFENCE 766
11.5.38 TRIAL 766
11.5.39 GUARANTEED RIGHT TO TRIAL 766
11.5.40 TRIAL DETAILS 766
DURATION 766
JURY SYSTEM AND JUDGES 767
ASSESSORS' SELECTION 767
PROPOSALS TO INTRODUCE JURY SYSTEM FOR CAPITAL PUNISHMENT CASES 767
JUDGES 767
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 767
TYPE OF QUESTIONS ASKED BY PARTIES 768
RIGHT TO REMAIN SILENT AT TRIAL 768
11.5.41 EVIDENCE 768
PREVIOUS CONVICTIONS 768
ADMISSIBLE EVIDENCE 768
HEARSAY 768
CONFESSION 768
DOCUMENT 769
STATEMENT 769
VOLUNTARY STATEMENT FROM ABROAD 769
EXPERT WITNESS AND EVIDENCE 769
EXAMINATION OF WITNESSES BEFORE THE TRIAL 769
11.5.42 POST-TRIAL 770
11.5.43 REVIEWS AND APPEALS 770
APPEAL 770
THE PROCESS 770
AVAILABILITY 770
REPRESENTATION 770
OUTCOME 770
REVIEW 771
BACKLOG 771
SELF-INCRIMINATION, RETROACTIVE APPLICATION OF CRIMINAL LAW, DOUBLE
JEOPARDY 771
SELF-INCRIMINATION 771
RETROACTIVE APPLICATION OF CRIMINAL LAW 771
DOUBLE JEOPARDY 771
11.5.44 LEGAL REPRESENTATION AND LEGAL AID 771
11.5.45 COMPENSATION AND RESTITUTION 772
TYPE OF COMPENSATION OR RESTITUTION 772
11.5.46 SERVING SENTENCE/PAROLE 772
SENTENCING*MITIGATING FACTORS 772
DETAILED CONTENTS XXIX
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 772
'DEATH ROW PHENOMENON' 772
DEATH ROW 772
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 772
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 772
PAROLE 773
TREATMENT OF DEATH ROW PRISONERS 773
11.5.47 DEATH WARRANT 773
11.5.48 EXECUTION 773
PART 6: GENERAL HUMAN RIGHTS ISSUES 773
11.5.49 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 773
11.5.50 FAIR TRIAL 774
11.5.51 REFORM AND IMPROVEMENT 774
11.5.52 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF
DEATH PENALTY 774
11.5.53 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 774
11.5.54 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 774
11.5.55 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
775
11.5.56 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 775
11.5.57 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 775
11.5.58 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 775
11.5.59 GENERAL TRENDS IN DEATH PENALTY CASES 775
11.6 MALAWI 776
PART 1: INTERNATIONAL INSTRUMENTS 776
11.6.1 INTERNATIONAL INSTRUMENTS 776
11.6.2 AFRICAN AND NATIONAL INSTRUMENTS 776
INCOMPATIBILITY 776
PART 2: INTERNATIONAL STANDARDS 776
11.6.3 JUVENILE OFFENDERS 776
11.6.4 PREGNANT WOMEN 776
11.6.5 CLEMENCY/PARDON 777
11.6.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 777
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 777
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 777
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 777
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 778
11.6.7 CLEMENCY/MERCY 778
11.6.8 EXTRADITION 778
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 778
ENFORCEMENT 778
OFFENCES 778
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 779
AUTHORITY TO PROCEED 779
WARRANT OF ARREST 779
COMMITTAL PROCEEDINGS 779
PART 3: STATISTICS 780
11.6.9 NUMBER OF DEATH SENTENCES PASSED 780
11.6.10 NUMBER OF EXECUTIONS 780
11.6.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED 780
XXX DETAILED CONTENTS
11.6.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 781
11.6.13 THE YOUNGEST PERSON SENTENCED TO DEATH 781
11.6.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS AND
COMMUNICATIONS; LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION
AND
RETENTION OF SUCH STATISTICS 781
11.6.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 781
11.6.16 APPEALS 781
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 781
NUMBER AWAITING THE OUTCOME OF AN APPEAL 782
11.6.17 EXTRA-JUDICIAL EXECUTIONS 782
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 782
PART 4: LEGAL FRAMEWORK 782
11.6.18 STATUS 782
11.6.19 MORATORIUM 782
11.6.20 METHOD OF EXECUTION 782
11.6.21 SCOPE 782
11.6.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 783
CRIMINAL PROVISIONS 783
PENAL CODE 783
11.6.23 CONSTITUTIONAL PROVISIONS 784
RIGHT TO LIFE 784
RIGHT TO LIBERTY 784
PROHIBITION OF TORTURE 785
RIGHT TO FAIR TRIAL 786
11.6.24 RIGHT TO LEGAL REPRESENTATION 788
APPLICATION OF THE DEATH PENALTY 799
CLEMENCY/MERCY 799
SAVING CLAUSES 800
APPLICATION OF INTERNATIONAL LAW 801
PART 5: LEGAL SYSTEM 801
11.6.25 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 801
11.6.26 THE MALAWI COURT SYSTEM 801
SUPREME COURT OF APPEAL 802
THE HIGH COURT 802
SUBORDINATE COURTS 803
11.6.27 COURT JUSTICE: WHAT'COURTS'PASS THE DEATH PENALTY SENTENCE? 804
11.6.28 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF MURDER
804
11.6.29 PRE-TRIAL 804
11.6.30 ARREST 804
CONDITIONS FOR ARREST 804
REASONS GIVEN FOR ARREST 804
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 804
DETENTION 805
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 805
TREATMENT OF ARRESTED PEOPLE 805
CORRESPONDENCE 805
DEATHS IN CUSTODY 805
MECHANISM TO PREVENT TORTURE 805
SECRET/INCOMMUNICADO DETENTION 806
POWER OF THE ATTORNEY-GENERAL 806
REQUEST AN ARREST 806
DECLINES TO PROSECUTE 806
11.6.31 SEARCH AND SEIZURE 806
11.6.32 CONFESSIONS 807
INVESTIGATIONS 807
11.6.33 BAIL AND RELEASE 807
DETAILED CONTENTS XXXI
11.6.34 THE CHARGE 807
11.6.35 LEGAL REPRESENTATION AND RELATED RIGHTS 808
LEGAL REPRESENTATION BY APPOINTED OR CHOSEN 808
11.6.36 THE PLEA 808
GUILTY PLEA 809
NOT GUILTY PLEA 809
11.6.37 CASE PREPARATION 809
11.6.38 DISCLOSURE 809
PROSECUTION 809
DEFENCE 809
11.6.39 TRIAL 810
11.6.40 RIGHT TO TRIAL 810
11.6.41 TRIAL DETAILS 810
DURATION 810
JURY SYSTEM AND JUDGES 810
JURY SELECTION 810
JURY INSTRUCTIONS PRELIMINARY 810
JUDGES 810
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 810
RULES TO PREVENT UNDUE DELAY 811
TYPE OF QUESTIONS ASKED BY PARTIES 811
RIGHT TO REMAIN SILENT AT TRIAL 811
11.6.42 EVIDENCE 811
PREVIOUS CONVICTIONS 811
ADMISSIBLE EVIDENCE 811
HEARSAY 811
CONFESSION 811
DOCUMENT 811
STATEMENT 811
VOLUNTARY STATEMENT FROM ABROAD 812
EXPERT WITNESS AND EVIDENCE 812
EXAMINATION OF WITNESSES BEFORE THE TRIAL 812
11.6.43 POST-TRIAL 812
11.6.44 REVIEWS AND APPEALS 812
APPEAL 812
THE PROCESS 812
AVAILABILITY 812
REPRESENTATION 812
OUTCOME 812
REVIEW 812
BACKLOG 813
SELF-INCRIMINATION 813
RETROACTIVE APPLICATION OF CRIMINAL LAW, 813
DOUBLE JEOPARDY 813
11.6.45 LEGAL REPRESENTATION AND LEGAL AID 813
11.6.46 COMPENSATION AND RESTITUTION 813
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION 813
11.6.47 SERVING SENTENCE/PAROLE 813
SENTENCING*MITIGATING FACTORS 813
DETENTION 814
'DEATH ROW PHENOMENON' 814
DEATH ROW 814
DEATHS ON CUSTODY 814
TORTURE 814
PAROLE 814
TREATMENT OF DEATH ROW PRISONERS 814
11.6.48 DEATH WARRANT 814
11.6.49 EXECUTION 814
II DETAILED CONTENTS
EXECUTIONS PENDING TRIAL/APPEAL 814
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 814
PART 6: GENERAL HUMAN RIGHTS ISSUES 815
11.6.50 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 815
11.6.51 FAIR TRIAL 815
11.6.52 REFORM AND IMPROVEMENT 815
11.6.53 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 815
11.6.54 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 816
11.6.55 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
816
11.6.56 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 816
11.6.57 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 816
11.6.58 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 816
11.6.59 GENERAL TRENDS IN DEATH PENALTY CASES 816
11.7 NIGERIA 817
PART 1: INTERNATIONAL INSTRUMENTS 817
11.7.1 INTERNATIONAL INSTRUMENTS 817
11.7.2 AFRICAN AND NATIONAL INSTRUMENTS 817
INCOMPATIBILITY 817
PART 2: INTERNATIONAL STANDARDS 817
11.7.3 JUVENILE OFFENDERS 817
11.7.4 CLEMENCY/PARDON 818
11.7.5 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 818
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 818
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 818
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 818
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 818
11.7.6 CLEMENCY/MERCY 818
11.7.7 EXTRADITION 818
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 818
ENFORCEMENT 818
OFFENCES 819
CASE-LAW 819
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 819
'ASSOCIATED STATES' 819
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 819
PART 3: STATISTICS 819
11.7.8 NUMBER OF DEATH SENTENCES PASSED 819
11.7.9 NUMBER OF EXECUTIONS 819
11.7.10 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY 819
11.7.11 NUMBER OF WHICH WERE SENTENCED TO DEATH 819
11.7.12 IF NOT SENTENCED TO DEATH WHAT SENTENCE WAS PASSED 819
11.7.13 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 819
11.7.14 THE YOUNGEST PERSON SENTENCED TO DEATH 820
11.7.15 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS
AND COMMUNICATIONS 820
11.7.16 LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION AND
RETENTION OF
SUCH STATISTICS 820
11.7.17 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 820
11.7.18 APPEALS 820
DETAILED CONTENTS XXXIII
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 820
NUMBER AWAITING THE OUTCOME OF AN APPEAL 820
11.7.19 EXTRA-JUDICIAL EXECUTIONS 820
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 820
PART 4: LEGAL FRAMEWORK 821
11.7.20 STATUS 821
11.7.21 MORATORIUM 821
11.7.22 METHOD OF EXECUTION 821
11.7.23 SCOPE 821
11.7.24 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 822
CRIMINAL PROVISIONS 822
CRIMINAL CODE 822
PENAL CODE 822
SHARIA PENAL LAWS 823
11.7.25 CONSTITUTIONAL PROVISIONS 823
RIGHT TO LIFE 823
RIGHT TO LIBERTY 823
PROHIBITION OF TORTURE 825
RIGHT TO FAIR TRIAL 825
APPLICATION OF THE DEATH PENALTY 827
CLEMENCY/MERCY PARDON 827
SAVING CLAUSES 827
APPLICATION OF INTERNATIONAL LAW 827
PART 5: LEGAL SYSTEM 828
11.7.26 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 828
11.7.27 THE NIGERIA COURT STRUCTURE 828
THE CUSTOMARY COURTS AND AREA COURTS 828
MAGISTRATES' COURTS AND DISTRICT COURTS 829
THE HIGH COURT 829
THE FEDERAL HIGH COURT 829
COURT OF APPEAL 830
THE SUPREME COURT 830
SPECIAL COURTS 831
COURT MARTIAL 831
THE SHARIA COURTS 831
11.7.28 COURT JUSTICE: WHAT'COURTS'PASS THE DEATH PENALTY SENTENCE? 831
11.7.29 SCOPE OF THE COURTS' JURISDICTION IN DEALING WITH CASES OF
MURDER 832
11.7.30 PRE-TRIAL 832
11.7.31 ARREST 832
CONDITIONS TO ARREST 832
REASONS GIVEN FOR ARREST 832
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 832
DETENTION 833
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 833
TREATMENT OF ARRESTED PEOPLE 833
CORRESPONDENCE 833
DEATHS IN CUSTODY AND MECHANISM TO PREVENT TORTURE 833
SECRET/INCOMMUNICADO DETENTION 833
POWER OF THE ATTORNEY-GENERAL 833
REQUEST AN ARREST 834
DECLINES TO PROSECUTE 834
11.7.32 SEARCH AND SEIZURE 834
SEARCH 834
SEIZURE 834
11.7.33 CONFESSIONS 834
INVESTIGATIONS 834
ARRESTED IMMEDIATELY 834
RIGHT TO LEGAL REPRESENTATION 834
DETAILED CONTENTS
11.7.34 BAIL AND RELEASE
11.7.35 THE CHARGE
NOTIFICATION PROMPT AND IN A LANGUAGE THAT S/HE UNDERSTANDS
11.7.36 LEGAL REPRESENTATION AND RELATED RIGHTS
11.7.37 THE PLEA
GUILTY PLEA
NOT GUILTY PLEA
11.7.38 CASE PREPARATION
ACCESS TO DOCUMENTS, FACILITIES OR EVIDENCE
11.7.39 DISCLOSURE
PROSECUTION
DEFENCE
11.7.40 TRIAL
11.7.41 GUARANTEED RIGHT TO TRIAL
11.7.42 TRIAL DETAILS
DURATION
JURY SYSTEM AND JUDGES
JUDGES
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS
TYPE OF QUESTIONS ASKED BY PARTIES
RIGHT TO REMAIN SILENT AT TRIAL
11.7.43 EVIDENCE
PREVIOUS CONVICTIONS
ADMISSIBLE EVIDENCE
HEARSAY
CONFESSION
DOCUMENT
STATEMENT
VOLUNTARY STATEMENT FROM ABROAD
EXPERT WITNESS AND EVIDENCE
EXAMINATION OF WITNESSES BEFORE THE TRIAL
11.7.44 POST-TRIAL
11.7.45 REVIEWS AND APPEALS
APPEAL
THE PROCESS
AVAILABILITY
REPRESENTATION
OUTCOME
REVIEW
BACKLOG
SELF-INCRIMINATION
RETROACTIVE APPLICATION OF CRIMINAL LAW,
DOUBLE JEOPARDY
11.7.46 LEGAL REPRESENTATION AND LEGAL AID
11.7.47 COMPENSATION AND RESTITUTION
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION
TYPE OF COMPENSATION OR RESTITUTION
11.7.48 SERVING SENTENCE/PAROLE
SENTENCING*MITIGATING FACTORS
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS)
'DEATH ROW PHENOMENON'
DEATH ROW
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS)
TORTURE
PAROLE
TREATMENT OF DEATH ROW PRISONERS
11.7.49 DEATH WARRANT
834
835
835
835
835
836
836
836
836
836
836
836
836
836
836
836
836
837
837
837
837
837
837
837
837
838
838
838
838
838
838
839
839
839
839
839
839
839
839
839
839
839
839
840
840
840
840
840
840
840
840
840
841
841
841
841
841
DETAILED CONTENTS XXXV
11.7.50 EXECUTION 841
PUBLIC/PRIVATE 841
METHOD 841
EXECUTIONS PENDING TRIAL/APPEAL 841
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 841
PART 6: GENERAL HUMAN RIGHTS ISSUES 842
11.7.51 FAIR TRIAL 842
11.7.52 REFORM AND IMPROVEMENT 842
TRIAL PROCEEDINGS' IMPACT ON HUMAN RIGHTS AND APPLICATIONS OF THE DEATH
PENALTY 842
11.7.53 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 842
11.7.54 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 842
11.7.55 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
843
11.7.56 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 843
11.7.57 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 843
11.7.58 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 843
11.7.59 GENERAL TRENDS IN DEATH PENALTY CASES 843
11.8 SIERRA LEONE 844
PART 1: INTERNATIONAL INSTRUMENTS 844
11.8.1 INTERNATIONAL INSTRUMENTS 844
11.8.2 AFRICAN AND NATIONAL INSTRUMENTS 844
INCOMPATIBILITY 844
PART 2: INTERNATIONAL STANDARDS 844
11.8.3 JUVENILE OFFENDERS 844
11.8.4 PREGNANT WOMEN 844
11.8.5 CLEMENCY/PARDON 844
11.8.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 845
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 845
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 846
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 847
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 847
11.8.7 CLEMENCY/MERCY 847
STATISTICS 847
11.8.8 EXTRADITION 847
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 847
ENFORCEMENT 848
OFFENCES 848
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 848
PART 3: STATISTICS 848
11.8.9 NUMBER OF DEATH SENTENCES PASSED 848
11.8.10 NUMBER OF EXECUTIONS 848
11.8.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED 848
11.8.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 848
11.8.13 THE YOUNGEST PERSON SENTENCED TO DEATH 848
11.8.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS
AND COMMUNICATIONS 849
11.8.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 849
XXXVI DETAILED CONTENTS
11.8.16 APPEALS 849
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 849
NUMBER AWAITING THE OUTCOME OF AN APPEAL 849
11.8.17 EXTRA-JUDICIAL EXECUTIONS 849
PART 4: LEGAL FRAMEWORK 849
11.8.18 STATUS 849
11.8.19 MORATORIUM 850
11.8.20 METHOD OF EXECUTION 850
11.8.21 SCOPE 850
11.8.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 850
CRIMINAL PROVISIONS 850
TREASON AND STATE OFFENCES ACT 1963 850
LARCENY ACT 1916 851
SIERRA LEONE MILITARY FORCES ACT 1961 851
OFFENCES AGAINST THE PERSON ACT AND THE ENGLISH COMMON LAW 851
11.8.23 CONSTITUTIONAL PROVISIONS 851
RIGHT TO LIFE 851
RIGHT TO LIBERTY 852
PROHIBITION OF TORTURE 853
RIGHT TO FAIR TRIAL 853
APPLICATION OF THE DEATH PENALTY 854
SAVING CLAUSES 855
CLEMENCY/MERCY PARDON 855
APPLICATION OF INTERNATIONAL LAW 856
PART 5: LEGAL SYSTEM 856
11.8.24 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 856
11.8.25 THE COURT SYSTEM OF SIERRA LEONE 856
THE SUPREME COURT 857
THE COURT OF APPEAL 857
THE HIGH COURT 858
COURT-MARTIAL 858
11.8.26 COURT JUSTICE: WHAT'COURTS'PASS THE DEATH PENALTY SENTENCE? 859
COURT RECOGNIZED BY LAW AND OTHER 'COURTS' 859
11.8.27 SCOPE OF THE COURTS' JURISDICTION IN DEALING WITH CASES OF
MURDER 859
11.8.28 PRE-TRIAL 859
11.8.29 ARREST 859
CONDITIONS FOR ARREST 859
ARREST WITHOUT WARRANT 860
REASONS GIVEN FOR ARREST 861
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 861
DETENTION 861
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 861
TREATMENT OF ARRESTED PEOPLE 862
CORRESPONDENCE 862
DEATHS IN CUSTODY 862
SECRET/INCOMMUNICADO DETENTION 862
POWER OF THE ATTORNEY-GENERAL 862
REQUEST AN ARREST 862
DECLINES TO PROSECUTE 863
11.8.30 SEARCH AND SEIZURE 863
11.8.31 CONFESSIONS 863
INVESTIGATIONS 863
11.8.32 BAIL AND RELEASE 863
11.8.33 THE CHARGE 863
CRITERIA 863
11.8.34 LEGAL REPRESENTATION AND RELATED RIGHTS 863
11.8.35 THE PLEA 864
PROCEDURE FOR GUILTY PLEA AND NOT GUILTY PLEA 864
DETAILED CONTENTS XXXVII
11.8.36 CASE PREPARATION 864
11.8.37 DISCLOSURE 864
PROSECUTION 864
DEFENCE 864
11.8.38 TRIAL 864
11.8.39 GUARANTEED RIGHT TO TRIAL 864
11.8.40 TRIAL DETAILS 864
DURATION 864
JURY SELECTION 864
JUDGES 865
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 865
TYPE OF QUESTIONS ASKED BY PARTIES 865
11.8.41 EVIDENCE 865
ADMISSIBLE EVIDENCE 865
HEARSAY 865
CONFESSION 865
DOCUMENT 865
STATEMENT 865
VOLUNTARY STATEMENT FROM ABROAD 865
EXPERT WITNESS AND EVIDENCE 865
EXAMINATION OF WITNESSES BEFORE THE TRIAL 865
11.8.42 POST-TRIAL 866
11.8.43 REVIEWS AND APPEALS 866
APPEAL 866
THE PROCESS 866
AVAILABILITY 866
REPRESENTATION 866
OUTCOME 866
11.8.44 LEGAL REPRESENTATION AND LEGAL AID 866
11.8.45 COMPENSATION AND RESTITUTION 866
11.8.46 SERVING SENTENCE/PAROLE 866
DETENTION 867
DEATHS ON CUSTODY 867
TORTURE 867
PAROLE 867
TREATMENT OF DEATH ROW PRISONERS 867
11.8.47 DEATH WARRANT 867
11.8.48 EXECUTION 867
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 868
PART 6: GENERAL HUMAN RIGHTS ISSUES 868
11.8.49 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 868
11.8.50 FAIR TRIAL 868
11.8.51 TRIAL PROCEEDINGS' IMPACT ON HUMAN RIGHTS AND APPLICATION OF THE
DEATH
PENALTY 868
11.8.52 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 868
11.8.53 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 868
11.8.54 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
868
11.8.55 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 869
11.8.56 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 869
11.8.57 WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN RIGHTS
STANDARDS 869
11.8.58 GENERAL TRENDS IN DEATH PENALTY CASES 869
11.9 SWAZILAND 869
PART 1: INTERNATIONAL INSTRUMENTS 869
11.9.1 INTERNATIONAL INSTRUMENTS 869
VIII DETAILED CONTENTS
11.9.2 AFRICAN AND NATIONAL INSTRUMENTS 870
INCOMPATIBILITY 870
PART 2: INTERNATIONAL STANDARDS 870
11.9.3 JUVENILE OFFENDERS 870
11.9.4 PREGNANT WOMEN 870
11.9.5 CLEMENCY/PARDON 870
11.9.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 870
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 870
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 870
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 871
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 871
11.9.7 CLEMENCY/MERCY 871
11.9.8 EXTRADITION 871
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 871
ENFORCEMENT 872
OFFENCES 872
CASE-LAW 873
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 873
'ASSOCIATED STATES' 873
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 873
PART 3: STATISTICS 873
11.9.9 NUMBER OF DEATH SENTENCES PASSED 874
11.9.10 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE DEATH
PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH; IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED 874
11.9.11 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 874
11.9.12 THE YOUNGEST PERSON SENTENCED TO DEATH 874
11.9.13 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS,
AND COMMUNICATIONS 874
11.9.14 LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION AND
RETENTION OF
SUCH STATISTICS 879
11.9.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 875
11.9.16 APPEALS 875
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 875
NUMBER AWAITING THE OUTCOME OF AN APPEAL 875
11.9.17 EXTRA-JUDICIAL EXECUTIONS 875
PART 4: LEGAL FRAMEWORK 876
11.9.18 STATUS 876
11.9.19 MORATORIUM 876
11.9.20 METHOD OF EXECUTION 876
11.9.21 SCOPE 876
11.9.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 876
CRIMINAL PROVISIONS 876
11.9.23 MERCY/CLEMENCY 877
11.9.24 CONSTITUTIONAL PROVISIONS 877
PROTECTION OF THE RIGHT TO LIFE 877
PROTECTION OF THE RIGHT TO PERSONAL LIBERTY 878
PROTECTION FROM INHUMAN AND DEGRADING TREATMENT 879
RIGHT TO FAIR HEARING 879
APPLICATION OF THE DEATH PENALTY 881
CLEMENCY/MERCY 881
DEROGATIONS DURING PUBLIC EMERGENCY 882
SAVING CLAUSES AND INTERPRETATION 882
DETAILED CONTENTS XXXIX
11.9.25 INTERNATIONAL RELATIONS 883
APPLICATION OF INTERNATIONAL LAW 883
DIPLOMATIC REPRESENTATION 883
INTERNATIONAL AGREEMENTS 883
PART 5: LEGAL SYSTEM 884
11.9.26 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 884
THE CURRENT CONSTITUTIONAL FRAMEWORK OF THE KINGDOM OF SWAZILAND 886
11.9.27 THE COURT SYSTEM OF SWAZILAND 887
THE MAGISTRATES' COURT 887
THE HIGH COURT 887
QUALIFICATION 888
TENURE 888
REMOVAL FROM OFFICE 888
11.9.28 COURT JUSTICE: WHAT 'COURTS' PASS THE DEATH PENALTY SENTENCE?
890
11.9.29 SCOPE OF THE COURTS' JURISDICTION IN DEALING WITH CASES OF
MURDER 890
11.9.30 PRE-TRIAL 890
11.9.31 ARREST 890
CONDITIONS FOR ARREST 890
REASONS GIVEN FOR ARREST 890
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 890
DETENTION 890
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 890
TREATMENT OF ARRESTED PEOPLE 891
CORRESPONDENCE 891
DEATHS IN CUSTODY 891
MECHANISM TO PREVENT TORTURE 891
SECRET/INCOMMUNICADO DETENTION 891
POWER OF THE ATTORNEY-GENERAL 891
REQUEST AN ARREST 891
DECLINES TO PROSECUTE 891
11.9.32 SEARCH AND SEIZURE 891
SEARCH 891
SEIZURE 891
11.9.33 CONFESSIONS 892
INVESTIGATIONS 892
11.9.34 BAIL AND RELEASE 892
11.9.35 THE CHARGE 892
11.9.36 LEGAL REPRESENTATION AND RELATED RIGHTS 892
11.9.37 THE PLEA 893
11.9.38 CASE PREPARATION 893
11.9.39 DISCLOSURE 893
11.9.40 TRIAL 893
11.9.41 GUARANTEED RIGHT TO TRIAL 893
11.9.42 TRIAL DETAILS 893
DURATION 893
JURY SYSTEM AND JUDGES 893
PROPOSALS TO INTRODUCE JURY SYSTEM FOR CAPITAL PUNISHMENT CASES 893
JUDGES 893
TYPE OF QUESTIONS ASKED BY PARTIES 894
11.9.43 EVIDENCE 894
PREVIOUS CONVICTIONS 894
ADMISSIBLE EVIDENCE 894
HEARSAY 894
CONFESSION 894
DOCUMENT 894
VOLUNTARY STATEMENT FROM ABROAD 894
EXPERT WITNESS AND EVIDENCE 894
EXAMINATION OF WITNESSES BEFORE THE TRIAL 895
XL DETAILED CONTENTS
11.9.44 POST-TRIAL 895
11.9.45 REVIEWS AND APPEALS 895
APPEAL 895
THE PROCESS 895
AVAILABILITY 895
REPRESENTATION 895
OUTCOME 895
BACKLOG 895
SELF-INCRIMINATION 895
RETROACTIVE APPLICATION OF CRIMINAL LAW 896
DOUBLE JEOPARDY 896
11.9.46 LEGAL REPRESENTATION AND LEGAL AID 896
11.9.47 COMPENSATION AND RESTITUTION 896
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION 896
TYPE OF COMPENSATION OR RESTITUTION 896
11.9.48 SERVING SENTENCE/PAROLE 896
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 896
'DEATH ROW PHENOMENON' 896
DEATH ROW 896
DEATHS ON CUSTODY 897
TORTURE 897
PAROLE 897
TREATMENT OF DEATH ROW PRISONERS 897
11.9.49 DEATH WARRANT 897
11.9.50 EXECUTION 897
EXECUTIONS PENDING TRIAL/APPEAL 897
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 897
PART 6: GENERAL HUMAN RIGHTS ISSUES 898
11.9.51 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 898
11.9.52 FAIR TRIAL 898
11.9.53 REFORM AND IMPROVEMENT 898
11.9.54 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 898
11.9.55 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 898
11.9.56 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
898
11.9.57 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 898
11.9.58 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE APPLICATION
OF HUMAN
RIGHTS STANDARDS 899
11.9.59 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 899
11.9.60 GENERAL TRENDS IN DEATH PENALTY CASES 899
11.10 TANZANIA 899
PART 1: INTERNATIONAL INSTRUMENTS 899
11.10.1 INTERNATIONAL INSTRUMENTS 899
11.10.2 AFRICAN AND NATIONAL INSTRUMENTS 899
INCOMPATIBILITY 899
PART 2: INTERNATIONAL STANDARDS 900
11.10.3 JUVENILE OFFENDERS 900
11.10.4 PREGNANT WOMEN 900
11.10.5 CLEMENCY/PARDON 900
11.10.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 900
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 900
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 900
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 900
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 901
DETAILED CONTENTS XLI
11.10.7 CLEMENCY/MERCY 901
STATISTICS 901
11.10.8 EXTRADITION 901
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 901
ENFORCEMENT 901
OFFENCES 903
CASE-LAW 903
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 904
'ASSOCIATED STATES' 905
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 906
PART 3: STATISTICS 906
11.10.9 NUMBER OF DEATH SENTENCES PASSED; NUMBER OF EXECUTIONS 906
11.10.10 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE
DEATH
PENALTY; NUMBER OF WHICH WERE SENTENCED TO DEATH 906
11.10.11 IF NOT SENTENCED TO DEATH WHAT SENTENCE WAS PASSED 906
11.10.12 NUMBER OF WHICH WERE SENTENCED TO DEATH 907
11.10.13 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 907
11.10.14 THE YOUNGEST PERSON SENTENCED TO DEATH 907
11.10.15 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS
AND COMMUNICATIONS 907
11.10.16 LEGAL OR ADMINISTRATIVE REGULATIONS ON THE COMPILATION AND
RETENTION OF
SUCH STATISTICS 908
11.10.17 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 908
11.10.18 APPEALS 908
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 908
NUMBER AWAITING THE OUTCOME OF AN APPEAL 908
11.10.19 EXTRA-JUDICIAL EXECUTIONS 908
NUMBER CARRIED OUT AND IN WHAT CIRCUMSTANCES 908
PART 4: LEGAL FRAMEWORK 908
11.10.20 STATUS 908
11.10.21 MORATORIUM 908
11.10.22 METHOD OF EXECUTION 909
11.10.23 SCOPE 909
11.10.24 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 909
CRIMINAL PROVISIONS 909
PENAL CODE 910
11.10.25 CONSTITUTIONAL PROVISIONS 910
RIGHT TO LIFE 910
RIGHT TO LIBERTY 910
PROHIBITION OF TORTURE 911
RIGHT TO FAIR TRIAL 911
PRESIDENTIAL CLEMENCY 912
SAVING CLAUSES 913
IMPLEMENTATION OF DEATH PENALTY 913
APPLICATION OF INTERNATIONAL LAW 914
11.10.26 CASE LAW PRECEDENT 915
11.10.27 COURT JUSTICE: WHAT'COURTS'PASS THE DEATH PENALTY SENTENCE? 915
COURT RECOGNIZED BY LAW AND OTHER 'COURTS' 915
PART 5: LEGAL SYSTEM 915
11.10.28 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 915
11.10.29 THE COURT SYSTEM OF TANZANIA 915
PRIMARY COURT 916
DISTRICT/RESIDENT MAGISTRATES' COURT 916
THE HIGH COURT 916
THE COURT OF APPEAL 917
COURT MARTIAL 917
XLII DETAILED CONTENTS
11.10.30 PROCEDURES RELATING TO CONSTITUTIONAL CHALLENGES 917
11.10.31 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF
MURDER 918
11.10.32 PRE-TRIAL 918
11.10.33 ARREST 918
CONDITIONS TO ARREST 918
REASONS GIVEN FOR ARREST 918
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 918
DETENTION 918
MAXIMUM DETENTION TIME 918
EXTENSION OF THIS TIME 918
TREATMENT OF ARRESTED PEOPLE 918
CORRESPONDENCE 919
DEATHS IN CUSTODY 919
TORTURE 919
SECRET/INCOMMUNICADO DETENTION 919
POWER OF THE ATTORNEY-GENERAL PRE-TRIAL 919
REQUEST AN ARREST 919
DECLINES TO PROSECUTE 919
11.10.34 SEARCH AND SEIZURE 919
11.10.35 CONFESSIONS 920
11.10.36 BAIL AND RELEASE 920
11.10.37 THE CHARGE 920
CRITERIA 920
11.10.38 LEGAL REPRESENTATION AND RELATED RIGHTS 920
11.10.39 THE PLEA 920
PROCEDURE FOR GUILTY PLEA 920
NOT GUILTY PLEA 921
11.10.40 CASE PREPARATION 921
11.10.41 DISCLOSURE 921
PROSECUTION 921
DEFENCE'S OBLIGATIONS IN RELATING TO DISCLOSURE 921
11.10.42 TRIAL 921
11.10.43 GUARANTEED A RIGHT TO TRIAL 921
11.10.44 TRIAL DETAILS 921
DURATION 921
JURY SYSTEM AND JUDGES 922
NUMBER OF JUDGES INVOLVED 922
JUDGES 922
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 922
TYPE OF QUESTIONS ASKED BY PARTIES 922
11.10.45 EVIDENCE 922
PREVIOUS CONVICTIONS 922
ADMISSIBLE EVIDENCE 922
HEARSAY 922
CONFESSION 922
DOCUMENT 923
STATEMENT 923
VOLUNTARY STATEMENT FROM ABROAD 923
EXPERT WITNESS AND EVIDENCE 923
11.10.46 POST-TRIAL 923
11.10.47 REVIEWS AND APPEALS 923
APPEAL 923
THE PROCESS 923
AVAILABILITY 923
REPRESENTATION 924
OUTCOME 924
REVIEW 924
BACKLOG 924
DETAILED CONTENTS XLIII
11.10.48 LEGAL REPRESENTATION AND LEGAL AID 924
11.10.49 COMPENSATION AND RESTITUTION 924
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION 924
11.10.50 SERVING SENTENCE/PAROLE 924
SENTENCING*MITIGATING FACTORS 924
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 925
'DEATH ROW PHENOMENON' 925
DEATH ROW 925
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 925
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 925
PAROLE 925
TREATMENT OF DEATH ROW PRISONERS 925
11.10.51 DEATH WARRANT 925
11.10.52 EXECUTION 925
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 925
PART 6: GENERAL HUMAN RIGHTS ISSUES 926
11.10.53 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 926
11.10.54 FAIR TRIAL 926
11.10.55 REFORM AND IMPROVEMENT 926
11.10.56 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF THE
DEATH
PENALTY 926
11.10.57 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 926
11.10.58 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE
DEATH PENALTY 926
11.10.59 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
927
11.10.60 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 927
11.10.61 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE
APPLICATION OF HUMAN
RIGHTS STANDARDS 927
11.10.62 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 928
11.11 UGANDA 928
PART 1: INTERNATIONAL INSTRUMENTS 928
11.11.1 INTERNATIONAL INSTRUMENTS 928
11.11.2 AFRICAN AND NATIONAL INSTRUMENTS 928
INCOMPATIBILITY 928
PART 2: INTERNATIONAL STANDARDS 929
11.11.3 JUVENILE OFFENDERS 929
11.11.4 PREGNANT WOMEN 929
11.11.5 CLEMENCY/PARDON 929
11.11.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 929
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 929
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 930
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 930
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 930
11.11.7 CLEMENCY/MERCY 930
RIGHT TO SEEK PARDON OR COMMUTATION IN ALL DEATH PENALTY CASES
OR THE SPECIFIC CRIMES 930
STATISTICS 931
11.11.8 EXTRADITION 931
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 931
ENFORCEMENT 932
OFFENCES 932
XLIV DETAILED CONTENTS
CASE-LAW 933
LEGAL PROVISIONS REGULATING PROCEDURE FOR EXTRADITION 934
'ASSOCIATED STATES' 935
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 935
PART 3: STATISTICS 935
11.11.9 NUMBER OF DEATH SENTENCES PASSED 935
11.11.10 NUMBER OF EXECUTIONS 935
11.11.11 NUMBER OF WHICH WERE SENTENCED TO DEATH 935
11.11.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 936
11.11.13 THE YOUNGEST PERSON SENTENCED TO DEATH 936
11.11.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS,
AND COMMUNICATIONS, LEGAL OR ADMINISTRATIVE REGULATIONS ON THE
COMPILATION
AND RETENTION OF SUCH STATISTICS 936
11.11.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 936
11.11.16 APPEALS 936
NUMBER OF APPEALS LAUNCHED AND THE NUMBER OF WHICH WERE SUCCESSFUL 936
NUMBER AWAITING THE OUTCOME OF AN APPEAL 937
11.11.17 EXTRA-JUDICIAL EXECUTIONS 937
PART 4: LEGAL FRAMEWORK 937
11.11.18 STATUS 937
11.11.19 MORATORIUM 937
11.11.20 METHOD OF EXECUTION 937
11.11.21 SCOPE 937
CASE-LAW PRECEDENT 938
11.11.22 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 938
CRIMINAL PROVISIONS 938
THE PENAL CODE ACT 938
UGANDA PEOPLE'S DEFENCE FORCES ACT, CHAPTER 307 939
THE ANTI-TERRORISM ACT 2002 941
11.11.23 CONSTITUTIONAL PROVISIONS AND CHALLENGES 942
RIGHT TO LIFE 942
RIGHT TO LIBERTY 944
PROHIBITION OF TORTURE 945
RIGHT TO FAIR TRIAL 946
RIGHT TO JUST AND FAIR TREATMENT IN ADMINISTRATIVE DECISIONS 948
APPLICATION TO THE DEATH PENALTY 948
CLEMENCY/MERCY 948
SAVING CLAUSES 949
APPLICATION OF INTERNATIONAL LAW 949
PART 5: LEGAL SYSTEM 950
11.11.24 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 950
11.11.25 THE UGANDA COURT SYSTEM 950
THE SUPREME COURT 950
THE COURT OF APPEAL 950
THE OPERATIONS OF THE COURT OF APPEAL 951
THE HIGH COURT 951
COMMERCIAL COURT 952
MAGISTRATES COURTS 952
11.11.26 COURT JUSTICE: WHAT'COURTS'PASS THE DEATH PENALTY? 952
11.11.27 SCOPE OF THE COURTS JURISDICTION IN DEALING WITH CASES OF
MURDER 953
11.11.28 PRE-TRIAL 954
11.11.29 ARREST 954
CONDITIONS FOR ARREST 954
REASONS GIVEN FOR ARREST 955
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 955
DETENTION 955
DETAILED CONTENTS XLV
MAXIMUM DETENTION TIME
EXTENSION OF THIS TIME
TREATMENT OF ARRESTED PEOPLE
CORRESPONDENCE
DEATHS IN CUSTODY
MECHANISM TO PREVENT TORTURE
SECRET/INCOMMUNICADO DETENTION
11.11.30 POWER OF THE ATTORNEY-GENERAL
REQUEST AN ARREST
DECLINES TO PROSECUTE
11.11.31 SEARCH AND SEIZURE
11.11.32 CONFESSIONS
INVESTIGATIONS
11.11.33 BAIL AND RELEASE
11.11.34 THE CHARGE
CRITERIA
11.11.35 LEGAL REPRESENTATION AND RELATED RIGHTS
11.11.36 THE PLEA
PROCEDURE FOR GUILTY PLEA
NOT GUILTY PLEA
11.11.37 CASE PREPARATION
11.11.38 DISCLOSURE
PROSECUTION
DEFENCE
11.11.39 TRIAL
11.11.40 GUARANTEED RIGHT TO TRIAL
11.11.41 TRIAL DETAILS
DURATION
JURY SYSTEM AND JUDGES
JUDGES
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS
11.11.42 EVIDENCE
PREVIOUS CONVICTIONS
ADMISSIBLE EVIDENCE
HEARSAY
CONFESSION
DOCUMENT
STATEMENT
VOLUNTARY STATEMENT FROM ABROAD
EXPERT WITNESS AND EVIDENCE
11.11.43 POST-TRIAL
11.11.44 REVIEWS AND APPEALS
APPEAL
THE PROCESS
AVAILABILITY
REPRESENTATION
OUTCOME
REVIEW
BACKLOG
SELF-INCRIMINATION, RETROACTIVE APPLICATION OF CRIMINAL LAWS, DOUBLE
JEOPARDY
11.11.45 LEGAL REPRESENTATION AND LEGAL AID
11.11.46 COMPENSATION AND RESTITUTION
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION
11.11.47 SERVING SENTENCE/PAROLE
SENTENCING*MITIGATING FACTORS
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS)
'DEATH ROW PHENOMENON'
955
955
955
955
955
956
956
956
956
956
956
957
957
957
957
957
957
958
958
958
958
958
958
959
959
959
959
959
959
959
959
959
959
959
959
960
960
960
961
962
962
962
962
962
963
963
963
963
963
963
963
964
964
964
964
964
964
XLVI DETAILED CONTENTS
DEATH ROW 964
DEATHS ON CUSTODY (ON TRIAL/AWAITING THE OUTCOME OF APPEALS,
INVESTIGATIONS) 964
TORTURE (INVESTIGATE ALLEGATIONS) (WIDESPREAD ALLEGATIONS) 964
PAROLE 964
TREATMENT OF DEATH ROW PRISONERS 964
11.11.48 DEATH WARRANT 964
PROCEDURE INVOLVED 965
11.11.49 EXECUTION 965
PART 6: GENERAL HUMAN RIGHTS ISSUES 965
11.11.50 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 965
11.11.51 FAIR TRIAL 966
11.11.52 REFORM AND IMPROVEMENT 966
11.11.53 TRIAL PROCEEDINGS' IMPACT ON HUMAN RIGHTS AND APPLICATION OF
THE DEATH
PENALTY 966
11.11.54 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 966
11.11.55 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE
DEATH PENALTY 966
11.11.56 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
966
11.11.57 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 966
11.11.58 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE
APPLICATION OF HUMAN
RIGHTS STANDARDS 966
11.11.59 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 967
11.11.60 GENERAL TRENDS IN DEATH PENALTY CASES 967
11.12 ZAMBIA 967
PART 1: INTERNATIONAL INSTRUMENTS 967
11.12.1 INTERNATIONAL INSTRUMENTS 967
11.12.2 AFRICAN AND NATIONAL INSTRUMENTS 967
INCOMPATIBILITY 968
PART 2: INTERNATIONAL STANDARDS 968
11.12.3 JUVENILE OFFENDERS 968
11.12.4 PREGNANT WOMEN 968
11.12.5 CLEMENCY/PARDON 968
11.12.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 968
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 968
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 968
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 969
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 969
11.12.7 CLEMENCY/MERCY 969
STATISTICS 969
DEATH PENALTY BEEN CARRIED OUT PENDING ANY APPEAL OR OTHER RECOURSE
PROCEDURE 969
11.12.8 EXTRADITION 969
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 969
OFFENCES 969
CASE-LAW 970
PART 3: STATISTICS 970
11.12.9 NUMBER OF DEATH SENTENCES PASSED 970
11.12.10 NUMBER OF EXECUTIONS 970
11.12.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE
DEATH PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH, IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED 970
11.12.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 971
DETAILED CONTENTS XLVII
11.12.13 THE YOUNGEST PERSON SENTENCED TO DEATH 971
11.12.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS,
AND COMMUNICATIONS, LEGAL OR ADMINISTRATIVE REGULATIONS ON THE
COMPILATION
AND RETENTION OF SUCH STATISTICS 971
11.12.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 971
11.12.16 APPEALS 971
NUMBER AWAITING THE OUTCOME OF AN APPEAL 971
PART 4: LEGAL FRAMEWORK 971
11.12.17 STATUS 971
11.12.18 MORATORIUM 972
11.12.19 METHOD OF EXECUTION 972
11.12.20 SCOPE 972
11.12.21 NATIONAL LAW APPLICABLE TO THE DEATH PENALTY 972
CRIMINAL LAW PROVISIONS 972
THE PENAL CODE 972
11.12.22 CONSTITUTIONAL PROVISIONS 973
RIGHT TO LIFE 973
RIGHT TO LIBERTY 973
PROHIBITION OF TORTURE 974
RIGHT TO FAIR TRIAL 974
APPLICATION TO THE DEATH PENALTY 976
CLEMENCY/MERCY PARDON 976
SAVING CLAUSES 977
APPLICATION OF INTERNATIONAL LAW 977
PART 5: LEGAL SYSTEM 978
11.12.23 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 978
11.12.24 THE COURT SYSTEM 978
LOCAL COURTS 978
SUBORDINATE COURTS 978
HIGH COURT 979
SUPREME COURT 979
11.12.25 COURT JUSTICE: WHAT 'COURTS' PASS THE DEATH PENALTY SENTENCE?
979
11.12.26 SCOPE OF THE COURTS' JURISDICTION IN DEALING WITH CASES OF
MURDER 979
11.12.27 PRE-TRIAL 980
11.12.28 ARREST 980
CONDITIONS FOR ARREST 980
REASONS GIVEN FOR ARREST 980
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 980
DETENTION 980
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 980
TREATMENT OF ARRESTED PEOPLE 980
CORRESPONDENCE 981
DEATHS IN CUSTODY 981
MECHANISM TO PREVENT TORTURE 981
SECRET/INCOMMUNICADO DETENTION 981
POWER OF THE ATTORNEY-GENERAL 981
REQUEST AN ARREST 981
DECLINES TO PROSECUTE 981
11.12.29 SEARCH AND SEIZURE 981
11.12.30 CONFESSIONS 982
INVESTIGATIONS 982
ARRESTED IMMEDIATELY 982
RIGHT TO LEGAL REPRESENTATIVE 982
11.12.31 BAIL AND RELEASE 982
11.11.32 THE CHARGE 982
CRITERIA 982
11.12.33 LEGAL REPRESENTATION AND RELATED RIGHTS 982
LEGAL REPRESENTATION BE APPOINTED OR CHOSEN 982
DETAILED CONTENTS
11.12.34 THE PLEA
PROCEDURE FOR GUILTY PLEA
NOT GUILTY PLEA
11.12.35 CASE PREPARATION
11.12.36 DISCLOSURE
PROSECUTION
DEFENCE
11.12.37 TRIAL
11.12.38 GUARANTEED RIGHT TO TRIAL
11.12.39 TRIAL DETAILS
DURATION
JURY SYSTEM AND JUDGES
PROPOSALS TO INTRODUCE JURY SYSTEM FOR CAPITAL PUNISHMENT CASES
JUDGES
RULES TO PREVENT UNDUE DELAY
TYPE OF QUESTIONS ASKED BY PARTIES
11.12.40 EVIDENCE
ADMISSIBLE EVIDENCE
HEARSAY
CONFESSION
DOCUMENT
STATEMENT
EXPERT WITNESS AND EVIDENCE
EXAMINATION OF WITNESSES BEFORE THE TRIAL
11.12.41 POST-TRIAL
11.12.42 REVIEWS AND APPEALS
APPEAL
THE PROCESS
AVAILABILITY
REPRESENTATION
OUTCOME
REVIEW
BACKLOG
DOUBLE JEOPARDY
11.12.43 LEGAL REPRESENTATION AND LEGAL AID
11.12.44 COMPENSATION AND RESTITUTION
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION
11.12.45 SERVING SENTENCE
DETENTION
'DEATH ROW PHENOMENON'
DEATH ROW
DEATH IN CUSTODY
TORTURE
PAROLE
TREATMENT OF DEATH ROW PRISONERS
DEATH WARRANT
TIME BETWEEN READING OF THE WARRANT AND EXECUTION
11.12.46 EXECUTION
METHOD
PART 6: GENERAL HUMAN RIGHTS ISSUES
11.12.47 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE
11.12.48 FAIR TRIAL
11.12.49 TRIAL PROCEEDINGS IMPACT ON HUMAN RIGHTS AND APPLICATION OF THE
DEATH
PENALTY
11.12.50 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE
11.12.51 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY
11.12.52 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
983
983
983
983
983
983
983
984
984
984
984
984
984
984
984
984
984
985
985
985
985
985
985
985
985
985
985
985
985
985
986
986
986
986
986
986
986
987
987
987
987
987
987
987
987
987
987
988
988
988
988
988
QQQ
7OO
989
70/
989
DETAILED CONTENTS XLIX
11.12.53 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 989
11.12.54 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE
APPLICATION OF HUMAN
RIGHTS STANDARDS 989
11.12.55 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 989
11.12.56 GENERAL TRENDS IN DEATH PENALTY CASES 989
11.13 ZIMBABWE 990
PARTI: INTERNATIONAL INSTRUMENTS 990
11.13.1 INTERNATIONAL INSTRUMENTS 990
11.13.2 AFRICAN AND NATIONAL INSTRUMENTS 990
INCOMPATIBILITY 990
PART 2: INTERNATIONAL STANDARDS 990
11.13.3 JUVENILE OFFENDERS 990
11.13.4 PREGNANT WOMEN 990
11.13.5 CLEMENCY/PARDON 990
11.13.6 MENTAL AND PHYSICAL CAPACITY OF THE ACCUSED AT TRIAL 991
SPECIFIC PROCEDURE FOR MENTALLY ILL OR INSANE DEFENDANTS 991
SPECIFIC PROCEDURE FOR PREGNANT WOMEN OR WOMEN WITH DEPENDANT
CHILDREN 991
SPECIFIC PROCEDURE FOR CHILDREN AGED UNDER 18 OR THE ELDERLY AGED
OVER 65 991
GUARANTEE OF EQUAL TREATMENT BEFORE 'INDEPENDENT AND IMPARTIAL'
TRIBUNALS/COURTS 991
11.13.7 CLEMENCY/MERCY 991
STATISTICS 991
DEATH PENALTY CARRIED OUT PENDING ANY APPEAL OR OTHER RECOURSE
PROCEDURE 991
11.13.8 EXTRADITION 991
STATES WITH WHICH EXTRADITION TREATY/AGREEMENT HAS BEEN SIGNED 991
ENFORCEMENT 991
OFFENCES . 992
CASE-LAW 992
LEGAL PROVISIONS REGULATING PROCEDURES FOR EXTRADITION 992
EXTRA-JUDICIAL PROCEDURES OF FUGITIVES BETWEEN STATES 992
PART 3: STATISTICS 992
11.13.9 NUMBER OF DEATH SENTENCES PASSED 992
11.13 10 NUMBER OF EXECUTIONS 992
11.13.11 NUMBER OF CASES IN WHICH THE PROSECUTION HAS REQUESTED THE
DEATH PENALTY;
NUMBER OF WHICH WERE SENTENCED TO DEATH, IF NOT SENTENCED TO DEATH WHAT
SENTENCE WAS PASSED 992
11.13.12 LENGTH OF TIME SPENT ON DEATH ROW BY THOSE CURRENTLY SENTENCED
TO DEATH
AND THE AVERAGE TIME SPENT ON DEATH ROW 993
11.13.13 THE YOUNGEST PERSON SENTENCED TO DEATH 993
11.13.14 BODY RESPONSIBLE FOR KEEPING STATISTICS ON SENTENCES,
EXECUTIONS, PARDONS,
AND COMMUNICATIONS, LEGAL OR ADMINISTRATIVE REGULATIONS ON THE
COMPILATION
AND RETENTION OF SUCH STATISTICS 993
11.13.15 NUMBER THAT HAVE BEEN PARDONED, HAD THEIR SENTENCE COMMUTED OR
HAVE
BEEN SUBJECT TO AN AMNESTY 993
11.13.16 APPEALS 993
NUMBER AWAITING THE OUTCOME OF AN APPEAL 993
11.13 17 EXTRA-JUDICIAL EXECUTIONS 994
PART 4: LEGAL FRAMEWORK 994
11.13.18 STATUS 994
11.13.19 MORATORIUM 994
11.13.20 METHOD OF EXECUTION 994
11.13.21 SCOPE 994
11.13.22 NATIONALLAW APPLICABLE TO THE DEATH PENALTY 994
DETAILED CONTENTS
11.13.23 CONSTITUTIONAL PROVISIONS AND CHALLENGES 994
RIGHT TO FAIR TRIAL "
4
RIGHT TO LIFE "
8
* R 999
PREROGATIVE OF MERCY
77Y
APPLICATION OF INTERNATIONAL LAW TO ZIMBABWE 1000
PROHIBITION OF TORTURE, INHUMANE AND DEGRADING TREATMENT 1001
PART 5: LEGAL SYSTEM
1004
11.13.24 THE CRIMINAL JUSTICE SYSTEM AND THE DEATH PENALTY 1004
11.13.25 THE ZIMBABWEAN COURT SYSTEM 14
THE MAGISTRATES' COURTS 1004
CIVIL JURISDICTION 1005
MAGISTRATES CRIMINAL JURISDICTION 1005
SPECIAL JURISDICTION 1006
COMMUNITY COURTS AND PRIMARY COURTS 1006
HIGH COURT 1
06
11.13.26 COURT JUSTICE: WHAT'COURTS'PASS THE DEATH PENALTY? 1007
11.13.27 SCOPE OF THE COURTS' JURISDICTION IN DEALING WITH CASES OF
MURDER 1007
11.13.28 PRE-TRIAL 1
07
11.13.29 ARREST 1
07
CONDITIONS FOR ARREST 1007
REASONS GIVEN FOR ARREST 1007
CHALLENGING THE LAWFULNESS OF THE ARREST AND DETENTION 1007
DETENTION 1
07
MAXIMUM DETENTION TIME AND EXTENSION OF THIS TIME 1007
TREATMENT OF ARRESTED PEOPLE 1007
CORRESPONDENCE 1008
DEATHS IN CUSTODY 1008
MECHANISM TO PREVENT TORTURE 1008
SECRET/INCOMMUNICADO DETENTION 1008
POWER OF THE ATTORNEY-GENERAL 1008
DECLINES TO PROSECUTE 1008
11.13.30 SEARCH AND SEIZURE 1008
11.13.31 CONFESSIONS 1008
INVESTIGATIONS 1008
11.13.32 BAIL AND RELEASE 1008
11.12.33 THE CHARGE 1009
CRITERIA 1009
11.13.34 LEGAL REPRESENTATION AND RELATED RIGHTS 1009
11.13.35 THE PLEA 1009
PROCEDURE FOR GUILTY PLEA 1009
NOT GUILTY PLEA 1009
11.13.36 CASE PREPARATION 1009
11.13.37 DISCLOSURE 1009
PROSECUTION 1009
DEFENCE 1010
11.13.38 TRIAL 1010
11.13.39 GUARANTEED RIGHT TO TRIAL 1010
11.13.40 TRIAL DETAILS 1010
DURATION 1010
JURY SYSTEM AND JUDGES 1010
ASSESSORS SELECTION 1010
ASSESSORS INSTRUCTIONS PRELIMINARY 1010
PROPOSALS TO INTRODUCE JURY SYSTEM FOR CAPITAL PUNISHMENT CASES 1010
JUDGES 1010
TIME TAKEN TO DELIVER VERDICT AFTER SUBMISSIONS 1010
TYPE OF QUESTIONS ASKED BY PARTIES 1010
11.13.41 EVIDENCE 1010
ADMISSIBLE EVIDENCE 1011
DETAILED CONTENTS LI
HEARSAY 1011
CONFESSION 1011
DOCUMENT 1011
STATEMENT 1011
VOLUNTARY STATEMENT FROM ABROAD 1011
EXPERT WITNESS AND EVIDENCE 1011
EXAMINATION OF WITNESSES BEFORE THE TRIAL 1011
11.13.42 POST-TRIAL 1011
11.13.43 REVIEWS AND APPEALS 1011
APPEAL 1011
THE PROCESS 1011
AVAILABILITY 1011
REPRESENTATION 1011
OUTCOME 1012
BACKLOG 1012
SELF-INCRIMINATION, RETROACTIVE APPLICATION OF CRIMINAL LAW DOUBLE
JEOPARDY 1012
11.13.44 LEGAL REPRESENTATION AND LEGAL AID 1012
11.13.45 COMPENSATION AND RESTITUTION 1012
COMPENSATION FOR WRONGFUL ARREST AND/OR CONVICTION 1012
TYPE OF COMPENSATION OR RESTITUTION 1012
11.13.46 SERVING SENTENCE/PAROLE 1012
DETENTION (AWAITING TRIAL AND/OR THE OUTCOME OF APPEAL CONDITIONS) 1012
'DEATH ROW PHENOMENON' 1012
DEATH ROW 1012
DEATHS IN CUSTODY 1013
TORTURE 1013
PAROLE 1013
TREATMENT OF DEATH ROW PRISONERS 1013
11.13.47 DEATH WARRANT 1013
11.13.48 EXECUTION 1013
METHOD 1013
EVIDENCE OF EXTRA-JUDICIAL AND/OR SUMMARY EXECUTIONS 1013
PART 6: GENERAL HUMAN RIGHTS ISSUES 1013
11.13.49 ADEQUATE AND EFFECTIVE DISPENSATION OF CRIMINAL JUSTICE 1013
11.13.50 FAIR TRIAL 1014
11.13.51 REFORM AND IMPROVEMENT 1014
11.13.52 TRIAL PROCEEDINGS' IMPACT ON HUMAN RIGHTS AND APPLICATION OF
THE DEATH
PENALTY 1014
11.13.53 PUBLIC OPINION INFLUENCE ON SEVERITY OF THE SENTENCE 1014
11.13.54 INFLUENCE ON BELIEF OF SOCIETY ON JUSTIFICATION AND
EFFECTIVENESS OF THE DEATH
PENALTY 1014
11.13.55 HUMAN RIGHTS PRINCIPLES STREAMLINED INTO TRAINING OF OFFICIALS
1014
11.13.56 CUSTODY AND RESPECT OF HUMAN RIGHTS BY OFFICIALS 1015
11.13.57 MOST DIFFICULT CHALLENGER(S) BEING FACE BY EFFECTIVE
APPLICATION OF HUMAN
RIGHTS STANDARDS 1015
11.13.58 BEST WAY OF IMPROVING HUMAN RIGHTS AWARENESS AND RAISING HUMAN
RIGHTS
STANDARDS 1015
11.13.59 GENERAL TRENDS IN DEATH PENALTY CASES 1015
APPENDIXES
12 APPLICATION FORMS 1017
12.1 AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS 1019
12.2 EUROPEAN COURT OF HUMAN RIGHTS 1021
12.3 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 1029
12.4 UNITED NATIONS 1034
LII DETAILED CONTENTS
13 INTERNET RESEARCH AND SOURCES 1037
13.1 INTERNET RESEARCH 1037
13.2 INTERNET SOURCES 1
49
13.2.1 AFRICAN 1
49
13.2.2 GENERAL 1
52
13.2.3 INTERNATIONAL ORGANS 1
57
13.2.4 USA 1
59
14 INTERNATIONAL TREATIES INDEX 1063
14.1 INTERNATIONAL 1
65
UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) 1065
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) 1070
FIRST OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL
RIGHTS . 1084
SECOND OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL
RIGHTS, AIMING AT THE ABOLITION OF THE DEATH PENALTY 1087
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)
1090
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING
TREATMENT
OR PUNISHMENT 1098
OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL,
INHUMAN
OR DEGRADING TREATMENT OR PUNISHMENT 1108
DECLARATION ON THE PROTECTION OF ALL PERSONS FROM BEING SUBJECTED TO
TORTURE
AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 1117
CONVENTION ON THE RIGHTS OF THE CHILD (CRC) HI
9
UNITED NATIONS STANDARD MINIMUM RULES FOR THE ADMINISTRATION OF JUVENILE
JUSTICE (THE BEIJING RULES') II
34
INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL
DISCRIMINATION
(CERD) 1150
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST
WOMEN
(CEDAW) 1159
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT (ICC STATUTE) 1168
CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE
1225
DECLARATION ON THE PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCE
1228
STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS 1233
SAFEGUARDS GUARANTEEING PROTECTION OF THE RIGHTS OF THOSE FACING THE
DEATH PENALTY 1246
BASIC PRINCIPLES OF THE INDEPENDENCE OF THE JUDICIARY 1247
BASIC PRINCIPLES ON THE ROLE OF LAWYERS 1250
BODY OF PRINCIPLES FOR THE PROTECTION OF ALL PERSONS UNDER ANY FORM OF
DETENTION
OR IMPRISONMENT 1254
THE ROBBEN ISLAND GUIDELINES (RIG) 1261
ECONOMIC AND SOCIAL COUNCIL. THE DEATH ROW PHENOMENON AS A VIOLATION OF
INTERNATIONAL LAW 1263
14.2 AFRICA 1265
AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS (AFRICAN CHARTER/ACHPR)
1265
PROTOCOL ON THE ESTABLISHMENT OF AN AFRICAN COURT ON HUMAN AND PEOPLES'
RIGHTS 1277
AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD (ACRWC) 1283
PRINCIPLES AND GUIDELINES ON THE RIGHT TO A FAIR TRIAL AND LEGAL
ASSISTANCE IN
AFRICA 1296
GUIDELINES ON THE ROLE OF PROSECUTORS 1319
14.3 AMERICA 1323
AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN (ADRDM) 1323
AMERICAN CONVENTION ON HUMAN RIGHTS (ACHR) 1329
PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH
PENALTY 1347
INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE 1349
DETAILED CONTENTS LIII
14.4 ARAB 1353
ARAB CHARTER ON HUMAN RIGHTS 1353
14.5 EUROPE 1360
EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS (ECHR) 1360
ELEVENTH PROTOCOL 1377
SECOND PROTOCOL 1374
SIXTH PROTOCOL TO THE EUROPEAN CONVENTION, CONCERNING THE ABOLITION OF
THE DEATH
PENALTY IN PEACE TIME 1376
THIRTEENTH PROTOCOL TO THE EUROPEAN CONVENTION, CONCERNING THE ABOLITION
OF THE
DEATH PENALTY IN ALL CIRCUMSTANCES 1378
EUROPEAN CONVENTION FOR THE PREVENTION OF TORTURE AND INHUMAN AND
DEGRADING
TREATMENT OR PUNISHMENT 1380
TABLE OF RATIFICATIONS AS OF JANUARY 2005 1386
BIBLIOGRAPHY 1389 |
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| author | Starmer, Keir 1962- Christou, Theodora A. |
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| geographic | Afrika |
| geographic_facet | Afrika |
| id | DE-604.BV021829213 |
| illustrated | Not Illustrated |
| index_date | 2024-07-02T15:56:44Z |
| indexdate | 2024-07-09T20:45:36Z |
| institution | BVB |
| institution_GND | (DE-588)2005942-5 |
| isbn | 0903067846 9780903067843 |
| language | English |
| lccn | 2006445575 |
| oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-015041227 |
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| owner | DE-12 |
| owner_facet | DE-12 |
| physical | LXXXVIII, 1391 S. 25 cm |
| publishDate | 2005 |
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| publisher | British Institute of International and Comparative Law |
| record_format | marc |
| spelling | Starmer, Keir 1962- Verfasser (DE-588)1175577243 aut Human rights manual and sourcebook for Africa Keir Starmar and Theodora A. Christou; ed. by Kate Beattie ... [et al.] London British Institute of International and Comparative Law 2005 LXXXVIII, 1391 S. 25 cm txt rdacontent n rdamedia nc rdacarrier This book comes out of the "Legal tools in Commonwealth Africa" project managed by the British Institute of International and Comparative Law in partnership with the Bar Human Rights committee of England and Wales and was mostly financed by the European Commission. Includes bibliographical references and index Menschenrecht Civil rights Africa Human rights Africa Handbooks, manuals, etc Afrika Christou, Theodora A. Verfasser aut British Institute of International and Comparative Law (London) Sonstige (DE-588)2005942-5 oth SWB Datenaustausch application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=015041227&sequence=000001&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA Inhaltsverzeichnis |
| spellingShingle | Starmer, Keir 1962- Christou, Theodora A. Human rights manual and sourcebook for Africa Menschenrecht Civil rights Africa Human rights Africa Handbooks, manuals, etc |
| title | Human rights manual and sourcebook for Africa |
| title_auth | Human rights manual and sourcebook for Africa |
| title_exact_search | Human rights manual and sourcebook for Africa |
| title_exact_search_txtP | Human rights manual and sourcebook for Africa |
| title_full | Human rights manual and sourcebook for Africa Keir Starmar and Theodora A. Christou; ed. by Kate Beattie ... [et al.] |
| title_fullStr | Human rights manual and sourcebook for Africa Keir Starmar and Theodora A. Christou; ed. by Kate Beattie ... [et al.] |
| title_full_unstemmed | Human rights manual and sourcebook for Africa Keir Starmar and Theodora A. Christou; ed. by Kate Beattie ... [et al.] |
| title_short | Human rights manual and sourcebook for Africa |
| title_sort | human rights manual and sourcebook for africa |
| topic | Menschenrecht Civil rights Africa Human rights Africa Handbooks, manuals, etc |
| topic_facet | Menschenrecht Civil rights Africa Human rights Africa Handbooks, manuals, etc Afrika |
| url | http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=015041227&sequence=000001&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA |
| work_keys_str_mv | AT starmerkeir humanrightsmanualandsourcebookforafrica AT christoutheodoraa humanrightsmanualandsourcebookforafrica AT britishinstituteofinternationalandcomparativelawlondon humanrightsmanualandsourcebookforafrica |