Dar es Salaam: Ex-death row inmate calls for abolition of death penalty

BY SYLIVESTER DOMASA.

Once again, the government has been advised to abolish the death penalty and replace it with life imprisonment in order to utilise skills and experience of the inmate in production activities such as agriculture.

Accordingly the government should set aside arable land for prisoners to exercise agricultural production instead of remaining in cells, former death row inmate Michael Lembeli advised yesterday.

Lembeli made the remarks when making a testimony during a civil society forum on the death penalty and alternative sanctions held in Dar es Salaam. The forum was organised by the Legal and Human Right Centre (LHRC).

According to Lembeli the government has been incurring various costs in up-keeping death row inmates such as provision of food and other life amenities.

Death row inmates face extremely psychological torture, he said, “as they remain keen waiting for the President’s signature that grants the authority to ‘ambush’ them…unfortunately the date never surpass in their entire life.”

He insisted on the government to replace the death penalty with alternative sanctions such as life imprisonment sentence in order to give relief and the right to life to culprits. 

Lembeli who had been under arrest for stealing coaches at Uyui in Tabora in September 1994,was forcefully linked with suspects who gunned-down a prison officer at Tabora–Relini. By that time Lembeli was to attend sit for his Form Four national examinations.

Lembeli (41) who remained behind the bars for 19 years, among other things, succeeded to return to civil life after he managed to convince the Appeals Court to nullify the conviction made by the High Court in Tabora Region.

Legal and Human Rights Centre (LHRC) acting executive director Harold Sungusia said the country has some way in which it can make changes to the law of the land.

He said the ongoing constitution writing process can address the issue by ensuring that it promotes human rights.

“We’re facing problems with our human right provision systems, because it is not that much smart … it has resulted in erroneous conviction of innocent people,” he said.

He added: “When execution is mistakenly made, no one can revert someone’s life”.

He seconded the argument that the person who will be found quilt should in turn be used for production to feed the family of the victim- the diseased.

According to Sungusia, the country’s human rights provision system has been corruptly affected.

However in setting up life imprisonment sentence to replace death penalty more emphasis needs to be put in place to promote the rule of law and good governance.

Giving a brief summary on the situation of human rights in the country, Principal Judge (rtd) who is also Chairperson of Human Right Commission and Good Governance Amir Manento said gradual changes are needed in the entire system and that the government should not fast track abolishing the death penalty.

Judge Manento said, the court needs to be given the mandate to decide on lawsuits and convictions instead of acting on already written manuscripts.

He said relying much on developed manuscripts to judge any case has negative implications especially when prosecutors submit false information.

SOURCE: THE GUARDIAN (30/04/2013): http://www.ippmedia.com/frontend/index.php?l=54113