Some of us are of the opinion that the 1970 Constitution was not suspended because of its flaws but to legitimize an illegal usurp of power by the military. And despite its many flaws including the lack of the said subsection 2 only one (1) person was executed under the 1970 constitution.いいいいいいいいいいいいいいいいいいいいいいいいいいいいい To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask]" target=_blank>[log in to unmask] いいいいいいいいいいいいいいいいいいいいいいいいいいいいい
Even without going into the merits of the August 9 execution and the trial, conviction and treatment of Lang Tombong and Co., do we really believe that commuting their death sentence to life is the result of the existence of subsection 2 in the 1997 constitution? And that they may have had no reprieve had the 1970 constitution being around?
Rather than focusing on the difference between 1997 and 1970 constitutions, I believe the writer should commend Justice Nawaz Chowhan and team for doing the right thing by confirming whats explicit in the constitution and go further to demand that their conviction be thrown out in its entirety as evidence suggest it to be politically motivated.
Malanding
Courtesy: http://www.foroyaa.gm/archives/2420
A LAND MARK DECISON OF THE SUPREME COURT NOBODY WILL BE SENTENCED TO DEATH WHO HAS NOT TAKEN THE LIFE OF ANOTHER
When the High Court sentenced Lang Tombong Tamba, Omar Bun Mbye, Bo Badjie, Kawsu Camara (alias bombardier), Modou Gaye, Gibril Ngorr Secka and Abdoulie Joof to death, Foroyaa did not hesitate to point out that the only reason why the provision on the protection to the right to life in the 1997 Constitution was superior to that of the 1970 Constitution is Subsection 2 of Section 18 of the Constitution.
Subsection 2 reads: “As from the coming into force of this constitution , no court in the Gambia shall be competent to impose a sentence of death for any offence unless the offence is prescribed by law and the offence involves violence, or the administration of any toxic substance, resulting in the death of another person.”
Simply put, a court is barred from imposing a death sentence on anyone who has not killed another.
This means that all the death sentences for treason under the criminal code should be amended to conform with the provisions of the Constitution or should be disregarded as null and void by courts when no evidence of killing is given during a trial.
We were surprised how this unambiguous provision could be subjected to misinterpretation by any legal mind and the Supreme Court has served the cause of justice by giving the provision its proper interpretation.
Pardon should follow to end the nightmare of spending years on death row and not knowing when the end would come.
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