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Wednesday, 10 Mar 2010        

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Mandatory Death Penalty On Death Roll.

 

"Around 133 countries have abolished the death penalty in law or practice. On average, in the past decade more than three countries a year have abolished the death penalty for all crimes. Despite international human rights standards, some nations still execute people.

Around the world, the death penalty is used as a tool of political repression and a means to forever silence political opponents or eliminate politically "troublesome" individuals".

- Amnesty International USA –

something meaningful for the several convicts that are still on death roll in the Zomba maximum security Prison.

To this end a Seminar for the Sensitisation Workshop on Sentencing Principles in Capital Cases and Public Interest Litigation was organised on September 8th 2007 at Ryalls Hotel in Blantyre by The Malawi Human Rights Commission and the Death Penalty Project.

Keir Starmer, QC addresses the seminar on the recent challenges to mandatory death penalty and co-presented with Joseph Middleton a lecture on The Mitigation Exercise : General Sentencing Principles Relevant Considerations and procedural issues.

Hon. Mr Justice Abdulai O. Conteh, the Chief Justice of Belize addressed the meeting on The Capital Sentencing System in the Caribbean post Reyes, Hughes and Fox.

Professor Michelo Hansungule presented a lecture on Public Interest Litigation & Human Rights.


It is certain that the fraternity is now well equipped to assist our brothers and sisters on the roll access justice in its fullness.

Congratulations to the Malawi Human Rights Commission, the Death Penalty project and all that worked for the achievement of the landmark judgement in the Kafantayeni case.

On April 27th 2007, the Constitutional Court comprising of High Court Judges, Hon. Justice E.M Singini, Hon Justice F.E. Kapanda and Hon. Justice M.L. Kamwambe unanimously declared the unconstitutionality of the mandatory death penaltyin the case of Francis Kafantayeni & Others v.. Knight & Knight through Videlia Chibisa, Yambani Mulemba and Noel Chalamanda were in the forefront of the challenge.

The team apart from Knight & Knight also included Ralph Kasambara of Ralph & Arnold Associates, John Gift Mwakhwawa of Juris Chambers and the Human Rights Commission through Redson Kapindu.

The local team was immensely supported by learned friends namely Keir Starmer, QC and Joseph Middleton from Doughty Street Chambers, and Saul Lehrfreund MBE and Parvais Jabbar from Death Penalty Project at the firm of solicitors of Simons, Muirhead & Burton Solicitors in London.

The decision which has been lauded by many human rights organisations and individuals as a milestone in the worldwide campaign against death penalty is yet to be translated into

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