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Tears As Death Row Inmates Beg For Mercy

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Friday, October 7th, 2016
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Nearly 200 prisoners on death row have begged for mercy and asked the authorities to expedite the hearing of their appeals after it emerged that most of them have spent years on remand without knowing their fate.

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There are currently 198 inmates on death row (187 males and 11 females) but their sentences have never been confirmed by the Supreme Court.

Many of them were convicted for murder but in spite of the fact that they appealed, their cases have never been scheduled for hearing and others were told that their files were misplaced.

For instance, a group of prisoners led by Francis Muwanga, who has been on death row since 1999 and was part of the Susan Kigula case that outlawed mandatory death penalty but says he did not benefit.

“I am suffering because my file got lost. I went for mitigation and a High Court said I don’t deserve any mercy. Even if my case is the rarest of all, I believe there is still room for me to get justice and pardon just like my colleagues who have been released or transferred to the other side,” Muwanga said.

In 2009, the Supreme Court upheld the decision of the Constitutional Court and affirmed that the mandatory death penalty and excessive delay on death row are unconstitutional.

The Court found that the mandatory (automatic) nature of its imposition was unconstitutional because it did not provide the Court with the opportunity to take into account any individual mitigating circumstances that might make the death penalty an inappropriately severe punishment.

The Court provided the government with a three -year period to give effect to the judgment after which date all death sentences should be set aside. The Court also ruled that any prisoners who had been on death row more than three years were entitled to have their death sentences commuted to life imprisonment.

Annet Nakafeero, a former death row prisoner, said although her penalty was reduced, she was not helped after the High Court sentenced her to 45 years after mitigation hearing.

She said she was surprised by the High Court to sentence her to a long sentence despite her pleadings and appeals by her children and prison authorities.

“It is true I committed a crime but I apologised and given a chance, I am a reformed person and ready to go back to my community and sensitise people against wrong doing. I have learnt a lot and I feel changed,” narrated Nakafeero adding that she still is waiting for her final verdict after thirteen years.

Jamilah Zubedah, one of the 11 death row inmates in the women section, said she was imprisoned at the age of 14 for murder in 2014 but claims that she has now reformed.

“I apologise for all what I did and I pray that government gives me a second chance because I was young but now I have grown up and I have learnt how to resolve problems,” Zubedah cried as she begged for mercy.

The EU Ambassador to Uganda, Kristian Schmidt, was touring the condemn sections of prison facilities at Luzira.

Accompanied by the deputy Head of Mission of the French Embassy, Mr Lionel Vignacq and officials of the Foundation for Human Rights Initiatives, he was on a fact finding mission to receive issues from death row inmates ahead of the commemoration of the World Day Against Death Penalty. The day is marked on October 10.

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