IV. Ugandan law and judicial practice, along with the practice of other national jurisdictions, reinforce that terms of imprisonment consistent with the gravity of the crimes is the appropriate penaltyThe Ugandan Penal Code Act includes lengthy imprisonment for various serious domestic offenses.31 A selection of relevant criminal appeals judgments from Uganda32 available to Human Rights Watch, furthermore, support that penalties should reflect the gravity of the crime, along with indicating sentences imposed for rape and defilement.33 For example, the Uganda court of appeal indicated that the trial court considered the “right principles of sentencing,” including the seriousness of the offense, in affirming a sentence of eight years for defilement.34 In another case, the court held that the seriousness of the offense, along with the circumstances of the crime, justified a sentence of life imprisonment for defilement of a two-year-old.35 In a similar case, the court upheld a trial decision which held that the “accused has committed a serious offence” and “deserves a stiff sentence.”36 The court likewise held that a sentence of 12 years’ imprisonment was not “harsh, excessive nor illegal” and fit the circumstances of the offense for defilement of a young schoolgirl.37 Notably, in none of the case law available to Human Rights Watch were traditional justice practices considered or applied as an alternative to imprisonment. As noted above, the Ugandan Penal Code Act also allows for the death penalty for certain serious offenses. The death penalty should not, however, be permitted. International and hybrid criminal tribunals do not permit the death penalty, and Human Rights Watch opposes the death penalty in all circumstances as an inherently cruel and inhuman punishment. A report in 2003 on sentencing practice in various legal systems throughout the world, commissioned by the ICTY,38 further suggests that Ugandan law is consistent with other domestic law and practice. According to an ICTY trial chamber, the report found that “in almost all countries studied, murder attracts rather severe penalties,” and “in most countries a single act of murder attracts life imprisonment or the death penalty, as either an optional or mandatory sanction.”39 31 See, for example, Ugandan Penal Code Act, http://www.ugandaonlinelawlibrary.com/lawlib/ 32 A selection of recent Ugandan criminal case law can be found at http://www.ugandaonlinelawlibrary.com/ (accessed June 20, 2007). 33 While available decisions cover various offenses, decisions where gravity and sentencing are at issue often involve rape and defilement. The Ugandan Penal Code Act defines defilement as “unlawful … sexual intercourse with a girl under the age of eighteen years” and makes the offense punishable by death (para. 129(1)). 34 Richard Abot v. Uganda (Criminal Appeal No.90 of 2004). 35 Guloba Muzamiru v. Uganda (Criminal Appeal No.289 of 2003). 36 Nyasio Bumali v. Uganda (Criminal Appeal No.197 of 2003). 37 Mutundi Richard v. Uganda (Criminal Appeal No.17 of 2004). 38 This report was commissioned for and is referred to in Prosecutor v. Dragan Nikolic, Sentencing Judgment (Trial Chamber), para. 38. 39 Ibid., paras. 166, 172. |