Why Capital Punishment Should be Abolished in South Sudan

By Mading De Ngeth Angoh, Melbourne, Australia

Sunday, 23 July 2023 (PW) — I am writing this article to raise awareness among my colleagues, friends, and South Sudanese citizens worldwide about the issue of capital punishment and its handling in our justice system. Sometimes, the lack of practicality and fairness in dealing with crimes adversely affects our citizens. In the realm of criminal justice and criminology, research has shown the importance of respecting human rights to safeguard our citizens lawfully.

Therefore, I firmly believe that our nation, South Sudan, should abolish the death penalty, as it can lead to the execution of innocent individuals, which is both unjust and cruel. Several other countries globally have already abolished capital punishment due to its perceived cruelty. Instead, we should consider granting offenders clemency, just as God forgives us. Why should we not extend the same forgiveness to those accused of crimes, especially when our country lacks advanced technological methods to gather circumstantial evidence effectively?

Thus, this commentary aims to debate capital punishment, or the death penalty, in the Republic of South Sudan. I would like to address His Excellency President Salva Kiir Mayardit and his entire cabinet, urging them to abolish capital punishment. While I acknowledge that H.E. has not allowed anyone to face cruel punishment, there have been cases of people who have been put to death through the death penalty. I argue this point for the benefit of our vulnerable citizens and to uphold our nation’s good image.

Capital punishment refers to the execution of an offender sentenced to death after conviction by a court of law for a criminal offence. However, capital punishment is sometimes carried out without due process of law. The term “death penalty” is often used interchangeably with capital punishment but does not always result in execution (Roger, 2022). This paper highlights several flaws in the application of capital punishment in our state. Therefore, I urge our people to take this article seriously, as it concerns everyone’s well-being, not just those in positions of authority.

Convicting someone of a crime they did not commit under the rule of the death penalty, which the South Sudan Constitution does not permit, unknowingly impacts the lives of our citizens. We must collectively advocate for the abolition of the death penalty in South Sudan. Numerous reasons support this stance, including the victimization of innocent individuals in the justice system, the prohibition of capital punishment for pregnant women, and the moral objection to sentencing children or teenagers to death.

According to the South Sudan Constitution Act 2011 (rev.2013) s 21, the death penalty should only be imposed for extremely serious offences in accordance with the law. However, we should abolish the death penalty because it could lead to the wrongful execution of innocent people. South Sudan lacks advanced technology to gather circumstantial evidence effectively and prove an accused individual’s guilt beyond a reasonable doubt.

As indicated in the Constitution of South Sudan, Act 2011 (rev.2013) s 18; our constitution strictly prohibits torture, cruel, inhuman, or degrading treatment or punishment. Thus, it is crucial to uphold the principle of innocence until proven guilty in a court of law with proper evidence rather than resorting to capital punishment, which our constitution does not allow individuals access to justice and equal rights.

By inflicting torture or capital punishment, we fail to adhere to the South Sudan constitution and human rights laws are not being upheld when individuals are sentenced to death, even when there is insufficient evidence. Instead, we should gather evidence to imprison those found guilty of a crime for life, providing the opportunity for an appeal if new evidence emerges. Our country lacks the technological means to determine the guilt of the accused in court effectively.

The proper evidence, including advanced technological methods such as examination of mens rea, actus reus, causation, DNA profiling, voice identification, fingerprinting, CCTV, and expert witnesses, is required to establish an individual’s guilt and justly sentence them. Unfortunately, we lack most of these elements in our country.

Furthermore, pregnant women should never be subjected to the death penalty. Such an act violates the rights of pregnant women, as stated in South Sudan Constitution Act 2011 (rev. 2013) s 21 (3). Executing pregnant women negatively impacts the Republic of South Sudan population, as it prevents the replacement of their positions and may lead to the execution of innocent individuals.

Similarly, killing teenagers through capital punishment violates the rights of children, as teenagers are still considered children. Prematurely ending their lives when there may not be sufficient evidence or circumstantial evidence against them is unacceptable. They may be the sole breadwinners for their families, and executing them without proper evidence would be a grave injustice.

It is more appropriate for our government to replace the death penalty with life imprisonment, and the decision to grant clemency or impose capital punishment should not be left solely to family members. The government should follow the Constitution of South Sudan Act 2011 (rev.2013) s 11, which prioritizes life and human dignity. As the Constitution emphasizes, every person has the inherent right to life, dignity, and integrity of their person, which must be protected by law. No one should be arbitrarily deprived of their life.

Additionally, our government should allow compensation for victims of crimes. It is essential to remember that every accused person is presumed innocent until proven guilty based on convincing evidence presented to the court and the entire society.

Children or teenagers should not face capital punishment in South Sudan, as it directly contravenes the South Sudan Constitution Act 2011 (rev.2013) s 17 (1). Children have the right to be free from corporal punishment and cruel and inhuman treatment, protected from harmful cultural practices, and shielded from abduction and trafficking. Upholding the Bill of Rights is crucial for our country to flourish.

Furthermore, it is worth considering different systems of justice used worldwide, such as the adversarial system and the inquisitorial system. However, South Sudan currently employs the adversarial system, a democratic approach where parties in a legal case present their arguments and evidence before the judge or jurors. Regardless of the system used, the South Sudan Constitution Act 2011 (rev.2013) s 19 (1) maintains the principle of a fair trial, where an accused person is presumed innocent until proven guilty according to the law.

In conclusion, I find it perplexing that our country continues to exercise capital punishment despite its prohibition by the South Sudan Constitution Act 2011. I urge all citizens to read the Constitution thoroughly and assert their rights to prevent deprivation. Citizens have the authority to voice their opinions on matters that affect the well-being of the country’s members, ensuring that everyone is treated fairly and lawfully.

Instead of resorting to capital punishment, which poses the risk of executing innocent individuals, our government should opt for life imprisonment, affording the opportunity for case reviews and ensuring justice is served. Just as God forgives us, let us extend the same compassion to our fellow citizens. By doing so, we uphold the principles of our constitution and respect human rights laws.

The author, Mading De Ngeth Angoh, is a law graduate from Victoria University in Melbourne and a South Sudanese citizen in the diaspora who can be reached via email at jayuenayuen@yahoo.com or on Facebook.

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