The implication of the Susan Kigula case in regards to the delaying the execution of the death penalty

Abstract

The delay of execution of the death penalty is a violation of the right to prohibition of cruel, inhuman and degrading behavior. The delay in execution is normally determined when the highest appellant court gives the death sentence until the person is executed and the delay can be caused my many factors and sometimes the delay can also be caused by the appellate system that tends to take a long time then the actual time required and this has caused prisoners to have mental and physical anguish and this is referred to as Death row phenomenon which is associated with fear, uncertainty, mental health. Most countries to deal with the issue of delay of execution of the death penalty have abolished the death penalty from their legal system replacing it with life imprisonment without parole, others that have retained the death penalty have given priority to hear capital offences expeditiously so as to avoid delay in execution of the death penalty which is a violation of human rights. This research paper talks about international regional and domestic legal framework in terms of the death penalty, illustrates the human rights that are violated when there is delay in execution of the death penalty and how different countries have dealt with the issue of delay in execution of the death penalty.