C.A.N. Supports Abolition of Death Penalty

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CAN

Thomas Moore Conteh Executive Director, Citizens Advocacy Network(CAN)

Citizens Advocacy Network (CAN) has in a letter dated 22nd July 2021 addressed to the Honourable Speaker of Parliament of the Republic of Sierra Leone presented a position paper on the Proposed Abolition of the Death Penalty in Sierra Leone. The Civil Society Organisation which seeks to promote the ideals of Human Rights, Rule of Law and Democratic Good Governance notes that it wishes to unreservedly register profound thanks and appreciation to the House of Parliament for considering it worth to invite diverse opinions on the aforementioned bill.

The letter states that CAN strongly believes that there is need to abolish the Death Penalty from our law books pursuant to provisions of international treaties and conventions that protect the right to life of which Sierra Leone is a signatory. It also holds the view that the right to life is an inalienable right; and without its protection, no other rights can be enjoyed in the state, indicating that the sanctity of life MUST therefore be protected at all times.

It further establishes that considering the fact that the death penalty puts an end not only to the right to life itself, but to all other personal rights vested in the deceased and there is no empirical study that exists to shows that the death penalty had indeed served as a true deterrent to the commission of heinous crimes, it should be abolished. “As a matter of fact, statistics shows that some of the countries that still maintain the death penalty in their law books, continue to experience considerable cases of violent crimes.” The letter stated

The position paper also stated that, “the death penalty could occasion miscarriage of Justice. There are many innocent victims that have been convicted and killed based on an error of law or evidence. A case in point is the Birmingham. Due to the fact that there exists the possibility of human error to occur in judicial trials and court processes, CAN believes that the death penalty is inhumane since it will never ensure a return of life to someone, who had been killed but whose based on an error of law.”

Whilst pointing out that evidence abounds of misuse of the death penalty in the past by mischievous politicians or political regimes to clamp down on opposition or dissenting views. Thus, resulting to the deaths of great politicians and outstanding Sierra Leoneans in the country.

In its recommendations CAN calls for a life imprisonment sentence to be instituted to replace the death penalty since it puts the perpetrator in an effective position to reflect over his crime and even come to a place of rehabilitation.

It also calls for the prerogative of mercy (Pardon) which is provided for under section 63 of the 1991 Constitution be amended and made watertight so that current and future Presidents are legally debarred from extending pardon to a person(s) convicted by a court of competent jurisdiction and are serving life sentences for heinous crimes.

It encourages that Section 16 (1) & (2) of the 1991 Constitution (the supreme law) which limits the right to life MUST be amended to avoid the risk of a reintroduction of the death penalty in the future after the current Death Penalty Bill of 2021 would have been passed into law. The amendment it suggests should read thus: ‘Everyone shall enjoy the right to life and such right shall not be limited in any circumstances within the state’.

It ends by stating that the government of Sierra Leone MUST endeavour to sign and ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) which among other things seeks to permanently abolish the death penalty in all member states.

Several other Civil Society groups have shared similar sentiments

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