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Attorney-General v. Kigula and Others

Uganda.  21 January 2009 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Right to life — Death penalty — Constitutionality of death penalty — International instruments — Whether abolishing death penalty — Freedom from torture, cruel, inhuman or degrading punishment — Whether two issues to be dealt with separately — Whether imposition of death penalty in Uganda constituting cruel, inhuman or degrading punishment — Whether framers of Constitution of Uganda purposefully providing for death penalty — Constitutional interpretation — Reading death penalty provisions as whole and in relation to relevant international instruments — Uganda’s history and background — Punishment for political purposes — Whether conflict between Articles 22(1) and 44(a) of Constitution of Uganda — Whether death penalty inconsistent with Articles 20, 21, 22(1), 24, 28, 44(a) and 45 of Constitution of Uganda

Human rights — Right to life — Death penalty — Constitutionality of mandatory death penalty — Inherency of individual’s right — Right to equality before and under law — Right to fair, speedy and public hearing before independent and impartial tribunal — Right to legal representation at State’s expense for offence carrying death sentence — Whether sentencing part of trial — Whether Ugandan laws providing for mandatory death sentence inconsistent with Articles 20,21, 22,24,28 and 44(a) of Constitution of Uganda

Human rights — Right to life — Death penalty — Long delay between death sentence pronouncement and execution — Whether unreasonable delay rendering execution unconstitutional — Death-row syndrome — Whether constituting cruel, inhuman and degrading treatment contrary to Articles 24 and 44 of Constitution

Human rights — Right to life — Death penalty — Mode of hanging — Constitutionality — Whether causing excessive pain and suffering — Whether constituting cruel, inhuman and degrading treatment contrary to Articles 24 and 44 of Constitution — The law of Uganda

Keywords

Type
Case Report
Copyright
© Cambridge University Press 2011

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