Challenging the Death Penalty

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Report International Fact-finding Mission Uganda: Challenging the Death Penalty Foreword: Why Mobilise Against the Death Penalty? . 5 Introduction. 8 I. Background of the Country . 9 II. The Organisation of the Judiciary . 13 III. The Death Penalty in Uganda . 17 IV. Conclusion and Recommendations . 45 Appendix . 47 n°425/2 - October 2005 Uganda: Challenging the Death Penalty Table of Contents Foreword: Why Mobilise Against the Death Penalty? . 5 1. The Death Penalty Contradicts Human Dignity and Liberty. 5 2. The Death Penalty Is Futile . 6 3. Arguments from International Human Rights Law. 6 Introduction. 8 I. Background of the Country . 9 1. Political History. 9 2. The Protection of Human Rights . 10 a. Legal Provisions. 10 i. Ugandan Framework . 10 ii. Ratification of International Human Rights Instruments . 10 b. The Uganda Human Rights Commission. 10 3. Public Opinion and the Death Penalty . 11 II. The Organisation of the Judiciary . 13 1. Military Justice . 13 2. Ordinary Courts . 13 a. The Judicial Hierarchy . 13 b. Criminal Procedure . 14 i. Arrest and Custody. 14 ii. Preliminary Procedure and Judgment Hearing . 14 III. The Death Penalty in Uganda . 16 1. Statistical Information . 16 2. Legal Framework: Death Sentences under Ugandan Law . 17 a. Offences Punishable by Death . 17 b. The Notion of Most Serious Crimes. 18 c. New Crimes Entailing the Death Penalty . 19 d. Mandatory Death Sentences. 19 e. Vulnerable Groups . 20 3. Who Are the Convicts?. 21 a. Charges . 21 b. Socio-economic Background of the Detainees Sentenced to Death . 22 c. Low-ranking Soldiers . 23 d. Political Opponents . 24 4. The Trial Stage . 24 5. Available Remedies . 27 a. The Appeal. 27 b. Mercy . 27 i. An Opaque Procedure for Civilians . 27 ii. No Mercy for the Military. 28 6. Conditions of Detention . 28 a. The Uganda Prisons Act. 28 b. General Remarks. ..

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