[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

April 24



MALAWI:

Consensus on death penalty continuation against prisoners' wish


A consensus by Malawians to uphold death penalty was in sharp contrast to
wishes by some murder convicts who fought at the Constitutional Court to
have it abolished.

A Special Law Commission at the just ended national constitutional review
in Lilongwe last week retained the death penalty, saying majority of
Malawians consulted wanted it retained.

However, the Constitutional Court in Blantyre that heard the prisoners
case late last year, is yet to make a ruling on the matter to determine
whether to uphold or abolish the capital punishment.

Delegates at the conference differed on the issue, with others saying
upholding the death penalty would stop people from committing murder while
others said retaining it was against the same Constitution that guarantees
a right to life.

The murder convicts that took the case to the Constitutional Court for
judicial review had advanced the same argument that the death penalty was
unlawful because the Constitution guaranteed them a right to life.

Noel Chalamanda, one of the lawyers that represented the convicts that
could hang if the President appends his signature, said in an interview
Monday that the views from Malawians the Special Law Commission consulted
had no legal backing.

"We made our arguments in court, backed by the law. Those views had no
legal basis. I can't comment much because the court judgement is due
anytime from now," Chalamanda said.

The Constitutional Court in the matter heard both sides, government and
the prisoners.

During the national constitutional review, delegates said it was better to
retain death sentence for murder convicts and remove it for convicts in
treason and rape.

The delegates said rape and treason convicts should be committed to life
imprisonment.

(source: The Daily Times)