Death row inmates in Luzira Upper Prison are asking the government to consider giving them a chance to change their lives. They want custodial sentences, which can last from 1 to 20 years, depending on the seriousness of their crimes.
In 2015, the Judicial Service Commission created new rules for sentencing, and these rules said that the death penalty is still allowed in certain cases.
Damian Muhumuza, a death row inmate convicted of robbery, told New Vision Online, “Instead of sentencing us to death, if we get custodial sentences, it will help us change slowly and give us a chance to live again.”
Muhumuza has been in prison for 20 years, waiting for his execution. He believes that many death row inmates have realized their mistakes and could live responsibly if given another chance in the community.
“After spending decades in prison, some of us have seen our past mistakes and are asking the government for another chance. Executing prisoners might not be the best solution because a dead person can’t change or be rehabilitated,” Muhumuza appealed.
Currently, Uganda’s prisons house 111 inmates sentenced to death, with 109 being men and two being women.
During a visit to Luzira Upper Prison, former principal judge Yorokamu Bamwine acknowledged the request for custodial sentences. He said, “The death sentence hasn’t been abolished, but it’s no longer mandatory. It’s now up to the judge’s discretion.”
Bamwine explained, “The new sentencing guidelines have changed the way sentences are given. A life sentence now means the person will stay in jail for the rest of their life without the possibility of early release. There are plans to send the custodial sentences request to the Judicial Reform Commission.”
According to a ruling from the Constitutional Court, the judge now has the power to choose between the death penalty and life imprisonment for certain crimes.
In the past, a person sentenced to life imprisonment would serve 20 years with the possibility of early release. This changed after a 2003 Constitutional Court ruling following a petition filed by Suzan Kigula and 417 other death row inmates who wanted to abolish the death penalty.
However, the Supreme Court refused to abolish the death penalty. Instead, they decided that if a death sentence is confirmed, the condemned person should either be executed within three years or have their sentence changed to life imprisonment.
