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MALAWI: COURTS TO RE-HEAR CASES OF PRISONERS ON MANDATORY DEATH PENALTY

November 11, 2014: Malawi’s judiciary has said it will soon sit to re-hear cases of prisoners who were previously sentenced to mandatory death penalty.
The re-hearing will only deal with the question of the sentence, according to Joseph Chigona, Registrar of the High Court of Malawi and Malawi Supreme Court of Appeal.
Re-hearing of the cases on sentence is also aimed at complying with the judgment of the High Court sitting as Constitutional Court in Kafantayeni and others v Attorney General–constitutional case No.12 of 2005 (Kafantayeni Case) and that of the Malawi Supreme Court of Appeal in Mclemonce Yasin v The Republic MSCA Criminal Appeal No.25 of 2005 (Mclemonce case).
Section 210 of the Penal Code (Cap.7:01 of the laws of Malawi), before being amended in 2011, provided “any person convicted of murder shall be sentenced to death”.
The Section didn’t not allow the High Court to exercise discretion (in sentencing a murder suspect) to take into account mitigating and aggravating factors, to consider peculiar circumstances of the case, or to decide whether to impose a lower sentence.
In effect, according to the Judiciary, the Section imposed a mandatory death penalty on murder convicts.
As such, the constitutionality of the imposition of the mandatory death sentence was challenged in the Kafantayeni Case.
On 27 April 2007, the High Court held that the imposition of the mandatory death sentence was a violation of the right to a fair trial provided for under Section 42 of the Constitution and was unconstitutional.
“For avoidance of doubt, the High Court did not abolish the death penalty but rather held that courts should be able to take into account all circumstances of the case and decide whether to impose the death penalty or a lower sentence,” said Chigona.
The Malawi Supreme Court of Appeal in the Mclemonce Case held that all prisoners who had been sentenced to the mandatory death penalty were entitled to be re-heard on sentence, for the court to take into account mitigating and aggravating factors of the case and decide the appropriate sentence to impose.
The Court further observed that it was the duty of the Director of Public Prosecutions (DPP) to bring before the High Court for sentence re-hearing all prisoners sentenced to death under the mandatory provisions of Section 210 of the Penal Code.
“The Judiciary wishes to inform the public that it is ready to start re-hearing the cases,” said Chigona. (Sources: nyasatimes.com, 11/11/2014)

MAURITANIA UPHOLDS DEATH SENTENCE FOR KIDNAPPERS
SOMALIA: PUNTLAND COURT SENTENCES SIX MEN TO DEATH FOR AL-SHABAAB LINKS
USA: ATTORNEY GENERAL ERIC HOLDER SHARES HIS FEELINGS ON THE DEATH PENALTY
LEBANON: DEATH SENTENCE AGAINST ISLAMIST DETAINEES REDUCED TO LIFE IMPRISONMENT
PAKISTAN: HUSBAND OF CHRISTIAN WOMAN PLEADS FOR BLASPHEMY PARDON
COMOROS: SECOND LEG OF THE HANDS OFF CAIN AND THE NONVIOLENT RADICAL PARTY IN AFRICA FOR THE UN MORATORIUM ON THE DEATH PENALTY
KUWAIT: SIHAM’S MURDERER SENTENCED TO DEATH
IRAN: THREE YOUNG MEN HANGED IN PUBLIC IN BANDAR ABBAS
PALESTINIAN AUTHORITY: ABBAS AIDE, ‘EXECUTE PALESTINIANS WHO SELL LAND TO ISRAELIS’
ZIMBABWE: RADICAL PARTY DELEGATION MEETS MINISTER OF JUSTICE ON THE VOTE FOR THE UN MORATORIUM
FLORIDA (USA): CHADWICK BANKS EXECUTED
BANGLADESH: FUGITIVE ZAHID HOSSAIN SENTENCED TO DEATH
MALAYSIA: 975 PRISONERS ON DEATH ROW AWAITING APPEALS
IRAN: SIX PRISONERS HANGED
SAUDI ARABIA: PAKISTANI DRUG SMUGGLER BEHEADED
ZIMBABWE: HANDS OFF CAIN MEETS THE VICE-MINISTER OF FOREIGN AFFAIRS TO URGE A VOTE IN FAVOR OF THE UN RESOLUTION ON THE MORATORIUM
ALGERIA: RESTORING DEATH PENALTY NEEDS OPEN DEBATE
GAMBIA: FORMER ARMY CHIEF AND SIX OTHERS DEATH SENTENCES COMMUTED TO LIFE
IRAN: MAN HANGED IN PUBLIC IN THE CITY OF SHIRAZ
SOMALIA: MILITARY COURT SENTENCES TWO OFFICERS TO DEATH
JAPAN: LAWYERS' GROUP URGES NEW JUSTICE MINISTER TO SUSPEND EXECUTIONS
ZAMBIA: DEC OFFICER SENTENCED TO DEATH FOR MURDERING SUSPECT
COLORADO (USA): HICKENLOOPER'S STANCE ON DEATH PENALTY DID NOT COST HIM RE-ELECTION
SRI LANKA: THREE MEN SENTENCED TO DEATH 19 YEARS AFTER MURDER
UAE: FAMILY OF DEAD MAID ACCEPTS BLOOD MONEY
IRAN: MAN HANGED IN PUBLIC IN CITY OF MASHHAD
SAUDI ARABIA: TWO PAKISTANIS EXECUTED FOR DRUG SMUGGLING
KENYA: DEATH SENTENCE FOR KILLERS OF ITALIAN BISHOP
INDONESIA: NEW HUMAN RIGHTS MINISTER AGAINST DEATH PENALTY
EGYPT: FOUR RAPISTS SENTENCED TO DEATH IN NILE DELTA

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