Moreover, considering that the death row phenomenon in many cases amount to cruel, inhuman and degrading treatment, our organisations highlight the decision of the Supreme Court which considers that a delay in carrying out the death sentence beyond three years from the date when the sentence of death was confirmed by the highest court constitutes an unreasonable delay. The Supreme Court ruled that at the end of the three years period, after the highest appellate court has confirmed the sentence and if the President shall not have exercised his prerogative one way or the other, the death sentence shall be deemed to be commuted to life imprisonment without remission.
Our organisations consider that this decision should be understood by Ugandan authorities as an incitement to abolish the death penalty. Besides, interestingly, in their judgment, the Justices of the Supreme Court have urged the Legislature to re-open debate on the desirability of the death penalty in the Constitution particularly in light of findings that for many years, no death sentences have been executed yet individuals concerned continued to be incarcerated on death row without knowing whether they were pardoned, had their sentences remitted or are to be executed.
Our organisations are strongly opposed to the death penalty. We consider it to be contrary to the very notions of human dignity and liberty. Furthermore, the death penalty has been proved to be entirely ineffective as a deterrent. Consequently, neither principles nor utilitarian considerations can justify the use of capital punishment. Our organizations therefore deplore the fact that in its ruling, the Supreme Court of Uganda considers that the death penalty is constitutional despite provisions in the Constitution guaranteeing the right to life and the prohibition of torture. FIDH and FHRI remind that General Comment adopted by the United Nations Human Rights Committee clearly states that « all measures of abolition should be considered as progress in the enjoyment of the right to life ».
Our organisations consequently request the Ugandan authorities to implement the ACHPR resolution adopted at its 44th session in Abuja in November 2008 encouraging African States to immediately adopt a de jure moratorium as a step towards the abolition of the death penalty.