Going by the prescribed legal processes, those
calling for the hanging of albino killers will have to wait for a while
before they can say “justice at last”.
Sixteen people have so far been sentenced to death
for murdering albinos in various parts of the country. But none of the
convicts on death row has been executed. This has led to another loud
cry, this time for speeding up the process that, unlike other judicial
processes that end within the corridors of judiciary, requires executive
ink from none other than the President himself.
There are hundreds of prisoners who have been on
death row for over two decades—thanks to the long legal processes in
Tanzania. For a convicted killer to face the hangman, the President must
first sign a death warrant. But that is not simply a matter of his
excellency putting pen to paper. When it comes to taking the life of a
citizen that the President has sworn to protect, that isn’t a a walk in
the park. It is tightly regulated by law and other bureaucratic state
machinery.
The fact that no single convicted killer has paid
the price with their lives over the years has raised eyebrows, not only
among the families of the victims and the aggrieved community but also
political circles.
Last weekend, former Prime Minister Edward Lowassa
called upon people with albinism to pressure President Jakaya Kikwete
to approve the hanging of convicted albino killers. Mr Lowassa said the
government must be “pushed” to that end.
His call came a few days after the President
publicly declared that documents seeking the execution of the convicts
had not reached his office for approval due to bureaucratic legal
procedures.
Mr Kikwete spoke recently at the installation of
Roman Catholic Shinyanga Diocese Bishop Liberatus Sangu. He added: “We
have managed to arrest many suspects and their cases are still in
progress. For those who have been sentenced to death, I have not
received documents concerning their judgement…so far, 16 people have
been sentenced to death.”
While Mr Lowassa’s comment appeared to imply that
pressure—political, social or otherwise—can compel the President to ask
his aides for that rarely used red pen, it is important to take a look
at the process of hanging a person convicted of murder or treason and
condemned to death by a court of law.
What it takes to hang convict
Under Section 25 of the Penal Code, causing the
death of someone with malice in mind is punishable by death. According
to the Criminal Procedure Act, once a sentence of death has been upheld
on appeal or if the sentence has not been appealed, the trial judge must
forward to the President a report of the case and evidence with a
detailed report setting out observations and recommendations. The Head
of State then determines whether to issue a death warrant, commute the
sentence or pardon the offender.
But things do not just end there. After the trial
judge has submitted his or her report, the President consults a
committee on the prerogative of mercy before authorising any execution.
The committee comprises the Attorney General, a minister and other
members not exceeding five and not less than three. The President chairs
the meetings of this advisory committee
- The Citizen
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