August 12



UGANDA:

Inside Luzira's death row den


Where is your gun?" I asked one of the officers who was leading us to the
Maximum Security Upper Prison at Luzira, just outside Kampala. "We cannot
manage using guns, we use the mind and we are working hard against making
this place scary, that's why we call it a Rehabilitation Centre," the
guard replied.

At this moment, my heart was beating faster than lnzikuru's after her Gold
Medal winning race. I was so terrified by the environment I was in, since
it was my 1st time in prison - though I wasn't going in as an inmate. When
I was young, I imagined that prison was hell, all violence and scary.
However, the officer made me feel at home by comforting me - telling me
that prison is a very safe place to be while showing me security guards
all over the compound as we walked through the clean place brightened by
pink flowers.

Indeed Luzira Prison is a very safe place in terms of security. As soon as
I reached Luzira Upper Prison main gate, the first thing the security
guards asked me was who I was going to visit inside the prison. Since it
was a Monday, which is usually a visitation day for the inmates, I had to
say that I hadn't come to visit any inmate in particular but I was there
to interview some of the inmates who are on death row.

Well, I then thought that that was all. I held my bag ready to be told
that I'm free to enter the gate. "Eeh we are not yet done, we have to
check your bag first," said the security guard at the main gate. It was
not so easy for me to believe what I was told to do. I was told to take
out all the money, camera, and phone I had with me and hand them over to
another security guard in charge of collecting property. I didn't hesitate
to follow the orders.

I handed over all the coins and paper money I had, plus the phone after
which I was given a receipt that indicated the exact amount of money I had
handed over plus the phone. Mind you it's not only the bag that was
checked but I was forwarded to a female guard who thoroughly checked my
pockets and my handbag taking each and everything out to make sure that
nothing unwanted gets into the prison.

Though she finally permitted me to enter, I was very confused, not knowing
which direction to take. I wasn't surprised it's called the Upper Prison -
the hill seemed so steep to climb. By this time, I had already began
seeing some inmates dressed in yellow, cleaning the compound under tight
security.

I was anxious as I walked along the hilltop, I thought the journey would
never end but before I knew it, I had arrived at a tall building. At its
entrance, there were a couple of security guards who asked me the same
questions that I had been asked by the security officials at the main
gate.

Now this was the final stage of my journey, I was let inside, after
signing the visitors' book. Then I had to finally present the letter
permitting me to visit the inmates to the Prisons OC who was nice to me.
He organised some security personnel to walk me to the cell so that I
could meet some inmates. Reaching the cell reception, it was already
crowded by some relatives of the inmates who had come to visit them
carrying a lot of foodstuffs and drinks.

The majority were speaking to their incarcerated relatives through the
metallic bars, which really reminded me of my days at school when my
parents would come to visit me with lots of eats, but I wasn't allowed to
leave with them. However, due to the communication going on between
inmates and their relatives it wasn't conducive for me to carry out any
friendly interviews so the Prison OC organised a free room for me to speak
with the inmates at length. They were called one at a time into the room
to have a brief talk with me.

After my first interview with an inmate, I relaxed; I had no more fear
that these inmates could be violent. In fact I gained interest in getting
to know more about them.

In Luzira Prison, some Prisoners wear white and others yellow. No one was
able to give an official explanation for the colour differences, however
some gave theories. White is for inmates in Upper Prison and yellow for
inmates in Lower Prison. Whatever the reason, it's strange to see men and
women accused of the horrific crimes of murder among other crimes
differentiated just by the colour of their uniform.

I had a conversation with one of the female inmates called Susan Kigula.
She has served 7 years so far. It was alleged that she killed her late
husband. When I asked her what had happened, Susan said that one night she
was awakened by a sharp pain in her neck; she felt warm liquid flowing
down her neck that's when she realised that it was blood. At that moment
she was totally naked just as man and wife would sleep. She ran out
shouting for help since the door was already open and so did her house
maid who was sleeping in the bedroom with her step son.

However people did not come to help, although they saw them looking at
them through the windows. At this time, she was still bleeding. By Gods
grace, one old woman opened the door and she rushed in. The old lady
immediately tied a cloth around her neck to reduce the bleeding. Before
she knew it, she was down on the floor unconscious and when she came to,
she was admitted at Mulago hospital.

Little did she know that her husband was dead. Of course during the saga
she noticed that he was hurt but didn't think he had died. Relatives
accompanied her for her husband's burial. After, a few days she was
arrested and charged with murder. Police claimed that she couldn't say who
had entered the house.

After a couple of months, her former housemaid returned to Kampala from
the village to check on her, however no sooner had she arrived than mob
justice was done to her, she was beaten and arrested on grounds that she
and Susan were responsible for the latters husband's death. She then
joined Susan in prison.

Three years later, they were sentenced to death by the judge who used her
6-year-old stepson as the only witness to her case, yet by the time the
husband was murdered, he was 3 years.

She appealed, but up todate she is waiting to see if justice can be done.
With tears flowing from her eyes, Susan said that all her relatives have
abandoned her because they lost hope of ever seeing her again.

Another inmate (name withheld) from Hoima confessed that he killed his
brother- in- law but in self-defense. He narrated that while having a
domestic misunderstanding with his wife, her brother got involved and
started beating him. He says that he slapped him in self-defense, with no
intention of killing him, but unfortunately, he passed away.

Though some of the victims confess to having committed the crimes they are
charged with, hoping to be beneficiaries of the president's prerogative of
mercy, others on death row like Kigula tell tales of being innocent, which
leaves one wondering whether they are guilty or they are victims of an
inefficient judicial system.

(source: Maria Karungi, The Monitor)






CHINA:

Death rare for economic crimes


The country is very prudent in its use of the death penalty to punish
economic criminals, the disciplinary watchdog of Communist Party of China
(CPC) said yesterday.

"We are very prudent in using the death penalty to execute perpetrators of
economic crimes, and the number of death penalties handed down to economic
criminals is very small," Gan Yisheng, spokesman for the Central
Commission for Discipline Inspection (CCDI) of the CPC Central Committee,
said at a press conference.

The death penalty is applicable in cases of serious economic crime.

Gan made the remarks in response to questions over the severity of the
punishment given to Zheng Xiaoyu, who was executed on July 10 after being
found guilty of engaging in corruption during his tenure as director of
the State Food and Drug Administration.

"Zheng Xiaoyu was given a death sentence not only because of the huge
amounts of bribes he took, but also because he committed serious crimes,"
said Gan.

Zheng, 63, was sentenced to death on May 29 by the Beijing Municipal No 1
Intermediate People's Court after being found guilty of taking 6.49
million yuan ($850,000) in bribes and dereliction of duty.

Gan said the practice of executing criminals who commit severe economic
crimes reflected the "status quo and cultural background" of China.

"Different countries have different circumstances and have different
cultural backgrounds and views on the death penalty. They also have
different legal regulations, which is very natural," said Gan.

The Supreme People's Court retrieved the right to review all death penalty
decisions made by lower courts from January 1, ending its 24-year absence
in approving execution verdicts.

Separately, 1,790 people voluntarily reported misconduct involving 77.9
million yuan during the one-month period since the CCDI issued a set of
regulations targeting corruption that took effect on May 30.

The regulations urged officials who had traded power for money to confess
their crimes before the end of June in return for leniency, Gan said.

(source: Xinhua-China Daily)






KENYA:

Kenya parliament maintains death penalty


Kenyan lawmakers (recently) disapproved a motion that sought to repeal the
death penalty, fearing the abolition could be a catalyst to more capital
offences in the country.

The motion is tabled at a time when Kenyan security is trying to contain
insecurity posed by armed bandits and secret cult societies. A cult group
calling itself Mungiki, whose followers have been bent on beheading people
for not obeying their orders, has been the biggest threat to Kenyan
security.

The motion, submitted by an opposition lawmaker Paddy Ahenda, was rejected
by both sides of the house. The opposition lawmaker said the motion should
be considered for approval considering the fact that too many inmates are
in the death row. This figure is estimated at 500.

Sgt Hezekiah Ochuka was the last Kenyan to face death penalty. This was in
1982 following his failed attempt to forcefully dislodge President Daniel
arap Moi from power.

Mr Ahenda said it is inhuman and distressful to sentence criminals to
death and the delay causes more problems for the convicts. "life is sacred
and no person has right to take another person's life," he said, asking
his colleagues to replace the death sentence with life imprisonment, which
will save convicts from of being killed, especially when wait for years.

Human rights activists supported the abolition of death penalty and asked
the government to rehabilitate those guilty of capital offences rather
than sentence them to death.

Koigi Wamwere, the Deputy Minister for Information and Broadcasting, told
the parliament thus: "Criminals are supposed to be reformed to obey the
law. Courts and prisons have the onus to transform capital offenders into
socially acceptable people, not to condemn them to death."

Wamwere had 3 times escaped penalty for advocating the forceful overthrow
of President Moi.

For most member on the ruling bench, the abolition of death penalty should
be decided by a national referendum or a explicit popular consensus.

Kenya's Justice and Constitutional Affairs Minister, Martha Karua, said
the issue would be comprehensively dealt with during the reviewing of the
constitution scheduled to take place after the December general elections.

In a separate development, the 5 political activists, who were arrested
for taking part in an illegal demonstration against attempts by MPs to
increase their salaries on Tuesday, have been released by the High Court.

Justice Onesmus Mutungi who released the activists blamed the state for
proceeding with an illegality by charging them after they were held for
more than 24 hours without being charged or brought before the court, a
clear violation of the law.

(source: afrol News)




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