[Deathpenalty] death penalty news-----worldwide

[Rick Halperin]

March 26


GAMBIA:

When Will the Referendum on the Death Penalty be Held?


Section 18 of the Constitution deals with the right to life. However, the
courts are empowered to impose capital punishment or the death penalty
after conviction of a criminal offence for which the penalty is death.

Section 18 subsection (3) states that "The National Assembly shall within
ten years from the date of the coming into force of this constitution
review the desirability or otherwise of the total abolition of the death
penalty in the Gambia."

The fact of the matter is that the National Assembly cannot set aside an
entrenched provision. This can only be done through a referendum.

Section 43 (1) (a) accords the Independent Electoral Commission the
responsibility for the conduct and supervision of the registration of
voters for all public elections and the conduct and supervision of all
public elections and referenda.

The Attorney General and the National Assembly need to come up with a bill
which should ultimately give the Gambian people an opportunity to decide
whether the death penalty should be abolished or not.

Furthermore, Foroyaa is calling on the Attorney General to give advice to
the President to activate the Committee on the exercise of the prerogative
of mercy by the President. There are many prisoners who need to be
pardoned to reduce the state expenditure and the congestions in our
prisons. The government needs an active social programme dealing with all
areas of National life.

The constitution needs to be constantly monitored and the institutions and
tasks it calls for should be put into effect. This is what is meant by the
rule of law.

(source: Editorial, Foroyaa Newspaper)