NOVEMBER 5, 2012 http://www.sudantribune.com
The death penalty debate in South Sudan has gone global, with a group of South Sudanese and human rights groups urging the young nation to join the great majority of United Nations members that have abolished the death penalty in either law or practice by placing a moratorium on all executions.
South Sudan, the group said in a statement, would in December this year, have its first opportunity to vote on a UN General Assembly resolution to establish a moratorium on executions with a view to abolishing the death penalty.
“South Sudan should take the opportunity of the UN General Assembly resolution on the death penalty to join movement toward abolition across Africa and around the world,” said Audrey Gaughran, Africa Director at Amnesty International.
“President Salva Kiir Mayardit should immediately declare an official moratorium on executions, and the government should urgently address the continuing shortcomings in the country’s administration of justice,” adds the statement addressed to South Sudan Minister of Foreign Affairs, Nhial Deng Nhial.
The young nation has, in recent months, been in the spotlight after it hanged two men in Juba prison, despite widespread criticisms against use of the death penalty in a country said to have “well-documented weaknesses” in its legal systems.
In addition, more than 200 prisoners reportedly remain on death row in the country’s detention centers, said to be overcrowded and dirty.
Globally, however, more than two-thirds of UN member states- 137 countries – have reportedly abolished the death penalty in law or in
practice, including 37 of the 54 member countries of the African Union.
Samuel Dong, the Secretary General of South Sudan Law Society (SSLS) said depriving someone of the right to life is an ultimate and irreversible punishment.
“Without even the most basic legal protections in place, the risk of arbitrariness and error is too high,” he added.
Since 2006, South Sudan’s Ministry of Justice has reportedly provided legal aid in a total of only six cases, while the vast majority of prisoners on death row were reportedly not represented by counsel, leaving many unable to adequately prepare their defence or to appeal convictions.
Meanwhile, the group in their statement urged the government of South Sudan to increase public information and transparency about its use of the death penalty, including by publishing statistics on the number of executions carried out and death sentences imposed and notifying prisoners’ families of impending executions.
“The accessibility of such information is of particular importance during the current constitutional review process,” the statement further reads, while advocating for informed discussions on substantive constitution provision such as the right to life.
Daniel Bekele, the Africa Director at Human Rights Watch said transparency is fundamental to the administration of justice and critical to allowing South Sudanese to evaluate how the death penalty is being imposed.
“However, the death penalty will remain an affront to basic human rights until there is an effective moratorium and it is ultimately abolished under statutory law,” he said.
Last month, both the European Union (EU) and the French embassy in South Sudan called for immediate suspension of the death penalty in the young nation, citing the weaknesses in the country’s judicial systems.
However, Lawrence Korbandy, the Chairperson of South Sudan Human Right Commission (SSHRC) recently told Sudan Tribune that the campaign for the abolition of the death penalty in the country should be a
November 2, 2012
Kenneth Kaunda says that the only reason he is on death row in a jail in South Sudan is because he reported a corpse he found in the road four years ago with a knife stuck in its chest.
“Whether you killed or didn’t kill, you get sentenced to death — this is the situation in South Sudan,” he said, as others crowding around nod and clamour to tell similar stories of injustice.
In the ramshackle capital of the world’s newest nation, over 100 people await execution in filthy and crowded conditions, which human rights activists say break basic freedoms, with many never having even seen a lawyer. “The judge told me I’m the one who killed this person. I said: ‘Let him show me the evidence’, but he refused,” Kaunda said. He is one of eight death row inmates interviewed by AFP, none of whom had money for a lawyer.
Accused of murdering her husband, mother-of-six Stella Juwa Felix was allegedly beaten for 17 days by police, while three other suspects with lawyers were released before the trial.
The court’s decision to sentence her to death took just five minutes and like most, she claimed she was not given the chance to speak in
“They said that my sentence was to hang me,” Felix said. “Now what am I to do? I just pray to God.”
Prison officials demand that photos taken by journalists of shackles, or disturbed prisoners left naked, locked in dank cells or smeared in their own excrement are deleted. But prison and government officials keen for outside help are quick to point out flaws in the system, from poor infrastructure, to untrained police absorbed from rebel movements.
Impoverished South Sudan was left in ruins after decades of war with Sudan before separating in 2011 after a landslide independence referendum. But like so much in the country, the legal system was left in tatters, with sometimes conflicting, overlapping systems of justice.
Lawyers and judges are few and often inexperienced, while those who have served for years trained in the Islamic-based laws of the Arab-speaking north, who sometimes cannot read new laws now written in English. “There’s a very high chance that people have been executed that have not received those fair trial protections and may in fact not be guilty of the charges brought against them,” said Jehanne Henry of Human Rights Watch. Apart from confirming two hangings publicised in August, officials could not say how many people face the death penalty or have been executed this year.
Fears the innocent are being sent to the gallows are glossed over, and Andrew Monydeeng, the deputy director for prisons, claims that appeals are dealt with within 14 days, and after that “fate is fate”.
But Kaunda, a former rebel soldier who fought for South Sudan’s independence, says he has received no response to an appeal filed
Like many others, he scoffs at the likelihood of the legal system saving him. “I cannot believe in this system,” he said, waving at the overcrowded prison, bursting with almost 1,250 inmates, almost three times the maximum number it was built for in the 1950s. “What they are doing is not law, but playing games.” Shackled in chains — to show that she faces a death sentence for the killing of a relative — 45-year old Mary Sezerina says that the prison is like a “pit of hell.”
“There was independence but nothing has changed here in the prison”, she said, adding she has not heard back from appeals made after her arrest in 2005.
During the civil war, firing squads were used, but as David Deng of the South Sudan Law Society notes, officials in the rebel movement-turned-government still see the death penalty as a useful tool. “For them capital punishment is an indispensable deterrent to try to keep a lid on some of the crime in South Sudan”, Deng said, pointing out that the country is awash with guns.
“To sentence someone to death who doesn’t have a lawyer, is unable to challenge evidence that is clearly an egregious miscarriage of the law, something which should not be permitted in any society,” he added.
While President Salva Kiir has the last say in signing lives away or pardoning those festering in jail, his legal advisor Talar Deng could not give details on how and when this has been used. But Talar insists that while lower courts may make mistakes, appeals go to experienced professionals in a higher court.
“Our systems are like any other systems, they may have some loopholes here and there,” he said.
While Talar points out the death penalty was introduced by British colonial rule — and that traditional custom was to pay cows as blood money — there seems little support to bow to calls by rights groups, the European Union and church organisations for a moratorium.
“In South Sudan, everything is a priority,” he said of the grossly underdeveloped country, a land where basic healthcare and education services are lacking, and where rule of law is more often a concept than reality. afp
Alphonse Kenyi Makwach
URGENT APPEAL BROUGHT OUT BY THE COMMUNITY OF SANT’EGIDIO TO SAVE THE LIFE OF ALPHONSE KENYI MAKWACH, SENTENCED TO DEATH
To the Supreme Court of South Sudan through H.E. Dr. Barnaba Marial Benjamin
I am writing to express my deep concern over a ruling that sentenced to death the young Alphonse Kenyi Makwach, despite the law of South Sudan forbids by now the infliction of capital sentences to juveniles, a summary trial without any legal defence which the boy was submitted to, his not listened denounce of suffered tortures he received from the policemen during his interrogation aiming to extort a tainted confession from him, and his reiterated declarations pleading his absolute innocence.
I urge you to intervene on his behalf to prevent this cruel and inhuman punishment from being meted out against him.
I implore you to ensure that this cruel and inhuman sentence is not carried out.
(signature and date)
- SOUTH SUDAN: ALPHONSE KENYI MAKWACH, 15 YEARS OLD BOY SENTENCED TO DEATH! but here is a PETITION! (childreninprison.wordpress.com)