Abolition of death penalty and its implications for the justice system in South Sudan:
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Date
2018-10
Authors
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Publisher
Kampala International University, School of Law.
Abstract
Death penalty is a recognized punishment for a number of crimes in South Sudan criminal
Justice System. European Union under the umbrella ofInternational community, calls for
moratorium or abolition ofdeath penalty by the President ofSouth Sudan Salva Kiir Mayardit,
without due consideration oflaw makingprocess in South Sudan and views ofSouth Sudanese
people. The main objective ofthe study is to determine the implications ofabolition of death
penalty in the criminaljustice system in South Sudan.
In this dissertation I argue that the facts on ground does not support or permit moratorium or
abolition of death penalty. The researcher considered the concepts of capital punishment,
histoiy and religious views, discussing the legal dimensions on death penalty and finding 0111
law governing the death penalty in South Sudan and exposition ofissues. It was found out that
innocent people are subjected to death penalty on the basis of corruption and it begins frn;ii
investigation up to judgment, lack ofafizir trial and lack ofIndependence Judiciary. Most of
victims of death penalty are innocent andfrom poorfrmnulies. The coi~flicts of laws are seen
under the constitutio,l, Penal code Act and Citstonzary Laws. The majority of the masses in
South Sudan still support the retention of death penalty. In most decentralized societies of
“Nilotic” mainly Dinkas “Jieng” and others like Nuer the practice is Mosaic Laws (the Law
ofMose.s,) ofOld Testament which says ~an eye for an eye and a tooth for tooth’. In any case
of abolition it means taking the law back to the hands of communities which may lead to
iiUustice, instability and insecurity. Although the practice ofdeath penalty was imported from
Common Law, customarily, Nilotics used blood compensation (Apuk,.) which is usually paid by
cows; today it is still popular among Nilotics. More education should be encouraged because
the well-ii~formed people will hold better quality opinions. Governments must ensure that
citizens base their views regarding the death penalty on a rational and properly informed
assessment, Governments should lead, not follow or hide behind public opinion.
coinmzmnication channels should be improved because it is clear that the quality of public
opinion depends to a large extent on the availability and flexibility ofthe agencies ofpublic
communication, such as the press (‘newspapers, radio, or television,), and public meetings it is
Jhrther recommended that Courts should lake every opportunity to explain the system of
judicial review and the independence of/hejudiciary and also interpret laws on death penalty
to fInd out who it applies to. There ought to be a concerted effort to persuade the public about
the importance ofjudicial independence and impartiality, courts shouldfight corruption and
administerjustice impartially. Judges should undergoflirther training so that they can realize
their roles in administration ofjustice. Invest in the capacity of courts, and ensure they are
properly staffed and have sufficient means to meet the high demandfor cases. This includes
also the training and vetting ofjudges and legalpersonnel. Invest in the capacity qfpoiice and
administrative servicesforjudiciaiy The NGO andNational Civil Society organizations should
support legal aidprogrammes and the government in developing a detailedjustice reform. The
government should review national laws to make them in conformity with the international
laws and rat~fj~’ international human rights instruments
Description
dissertation submitted to the college of higher degrees and research of Kampala international university in partial fulfillment of the requirement for the award of the degree of master of laws
of Kampala international university.
Keywords
death penalty, justice system, South Sudan