In Luzira Upper Prison, inmates on death row are requesting the government to replace their death sentences with custodial sentences, giving them a chance to reform and rebuild their lives.
A custodial sentence can vary from 1 to 20 years, depending on the seriousness of the crime committed.
Back in 2015, the Judicial Service Commission established new sentencing guidelines, affirming the continued validity of the death penalty under certain guiding principles.
Damian Muhumuza, a death row inmate convicted of robbery, expressed to New Vision Online his belief that substituting death sentences with custodial terms would help prisoners gradually reform and, ultimately, grant them a second opportunity in life.
Muhumuza, who has already spent two decades behind bars awaiting execution, points out that many death row inmates have come to recognize their past mistakes and feel they could lead responsible lives if given a chance to reintegrate into the communities they once belonged to.
“After spending decades in prison, some of us have come to terms with our past errors and humbly request a second chance from the Government. Executing prisoners may not be the most effective solution, as a deceased individual cannot reform or be rehabilitated,” appealed Muhumuza.
Currently, Uganda’s prisons house 111 inmates facing the death penalty, with 109 being men and two being women.
During a visit to Luzira Upper Prison, the request for custodial sentences was brought to the attention of former principal judge Yorokamu Bamwine, who clarified that “the death sentence was not abolished, but rather the mandatory aspect of it. The death penalty is now at the discretion of the judge.”
Bamwine further explained, “According to the new sentencing guidelines, the jurisprudence has evolved. Life imprisonment now means that a convict will remain incarcerated for the rest of their life without the possibility of remission. There are assurances that the issue of custodial sentences will be referred to the Judicial Reform Commission.”
As per a Constitutional Court ruling, judges now have the discretion to choose between a death penalty or life imprisonment for individuals convicted of crimes warranting the death penalty.
In the past, a person sentenced to life imprisonment was required to serve 20 years with the possibility of remission. This change follows the 2003 Constitutional Court ruling in response to a petition filed by Suzan Kigula and 417 other death row inmates seeking to abolish the death penalty.
However, the Supreme Court declined to abolish the death penalty, specifying that once a death sentence is confirmed, the condemned individual must either be executed within three years or have their sentence commuted to life imprisonment.
