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Title: Abolition of death penalty and its implications for the justice system in South Sudan:
Authors: Thiep, LINO Nhial
Keywords: death penalty
justice system
South Sudan
Issue Date: Oct-2018
Publisher: Kampala International University, School of Law.
Abstract: Death penalty is a recognized punishment for a number of crimes in South Sudan criminal Justice System. European Union under the umbrella ofInternational community, calls for moratorium or abolition ofdeath penalty by the President ofSouth Sudan Salva Kiir Mayardit, without due consideration oflaw makingprocess in South Sudan and views ofSouth Sudanese people. The main objective ofthe study is to determine the implications ofabolition of death penalty in the criminaljustice system in South Sudan. In this dissertation I argue that the facts on ground does not support or permit moratorium or abolition of death penalty. The researcher considered the concepts of capital punishment, histoiy and religious views, discussing the legal dimensions on death penalty and finding 0111 law governing the death penalty in South Sudan and exposition ofissues. It was found out that innocent people are subjected to death penalty on the basis of corruption and it begins frn;ii investigation up to judgment, lack ofafizir trial and lack ofIndependence Judiciary. Most of victims of death penalty are innocent andfrom poorfrmnulies. The coi~flicts of laws are seen under the constitutio,l, Penal code Act and Citstonzary Laws. The majority of the masses in South Sudan still support the retention of death penalty. In most decentralized societies of “Nilotic” mainly Dinkas “Jieng” and others like Nuer the practice is Mosaic Laws (the Law ofMose.s,) ofOld Testament which says ~an eye for an eye and a tooth for tooth’. In any case of abolition it means taking the law back to the hands of communities which may lead to iiUustice, instability and insecurity. Although the practice ofdeath penalty was imported from Common Law, customarily, Nilotics used blood compensation (Apuk,.) which is usually paid by cows; today it is still popular among Nilotics. More education should be encouraged because the well-ii~formed people will hold better quality opinions. Governments must ensure that citizens base their views regarding the death penalty on a rational and properly informed assessment, Governments should lead, not follow or hide behind public opinion. coinmzmnication channels should be improved because it is clear that the quality of public opinion depends to a large extent on the availability and flexibility ofthe agencies ofpublic communication, such as the press (‘newspapers, radio, or television,), and public meetings it is Jhrther recommended that Courts should lake every opportunity to explain the system of judicial review and the independence of/hejudiciary and also interpret laws on death penalty to fInd out who it applies to. There ought to be a concerted effort to persuade the public about the importance ofjudicial independence and impartiality, courts shouldfight corruption and administerjustice impartially. Judges should undergoflirther training so that they can realize their roles in administration ofjustice. Invest in the capacity of courts, and ensure they are properly staffed and have sufficient means to meet the high demandfor cases. This includes also the training and vetting ofjudges and legalpersonnel. Invest in the capacity qfpoiice and administrative servicesforjudiciaiy The NGO andNational Civil Society organizations should support legal aidprogrammes and the government in developing a detailedjustice reform. The government should review national laws to make them in conformity with the international laws and rat~fj~’ international human rights instruments
Description: dissertation submitted to the college of higher degrees and research of Kampala international university in partial fulfillment of the requirement for the award of the degree of master of laws of Kampala international university.
Appears in Collections:Master of Arts in Law

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