ABSTRACT

This chapter suggests that abolitionists need to re-focus: concentrating on abolition litigation loses sight of the more fundamental problems within the criminal justice system which need to be addressed in order to foster an environment in which abolition is more likely. It explores the legal landscape in which the fight against abolition is currently fought in Uganda. The chapter assesses the abolition litigation to date, highlighting the unintended, although foreseeable, negative consequences of Ugandan capital punishment litigation. It puts capital punishment in context by examining capital offence charges, including pre-trial practices, the trial regime, and then prisons in Uganda. The Supreme Court stated that an automatic death sentence violated a person's right to a fair trial: A trial does not stop at convicting a person. The Justice Law and Order Sector (JLOS) is a quasi-governmental body charged with improving the efficiency of the Ugandan legal and criminal justice institutions, both governmental and non-governmental, including their respect for human rights standards.