The survivors. In January the Supreme Court ruled that convicts who have stayed on death row for more than three years should not be hanged. Now Saturday Monitor's Ephraim Kasozi & Lominda Afredraru report the convicts who have survived the hangman's noose.

At least 152 inmates will now survive the gallows after the Prison authorities enforced a Supreme Court ruling and reduced the convicts' sentences from death by hanging to life in prison.

Saturday Monitor has exclusively obtained a list of the 152 death row convicts. The list of the prisoners, who have survived the gallows, was compiled by the prison authorities following a court ruling that prisoners who had stayed on the death row for more than three years should not be hanged.

The Prison Public Relations Officer, Mr Frank Baine Mayanja, stated: "The prison authorities by compiling a list of those who have had their sentences reduced from death to life imprisonment are simply implementing the Supreme Court ruling. The list was finalised about two weeks ago."

On January 21 this year, the Supreme Court upheld a Constitutional Court ruling that laws prescribing the mandatory death sentence are unconstitutional and that delays on death row of more than three years were inordinate.

In their judgment, delivered at the Supreme Court in Mengo, the seven-member panel of judges ruled that the "framers of the Constitution purposefully provided for the death penalty in the Constitution of Uganda".

Led by Chief Justice Benjamin Odoki, six out of seven judges also refused to strike down execution by hanging on the grounds rejecting the argument that it is inhumane and said it is not court's duty to impose another method of execution but that of Parliament which passes enabling laws.

"It is not in dispute that fear, anguish must accompany a sentence of death by hanging," Justice John Wilson Tsekooko said in his lead judgment. "But then which method of carrying out the death sentence does not invoke these natural instincts in a normal human being?"

Chief Justice Odoki and Justices George Kanyeihamba, Joseph Mulenga, Bart Katureebe and Christine Kitumba concurred while Justice Egonda Ntende disagreed with this conclusion.

Justice Ntende said: "In the situation where the head is plucked off, it is like killing an insect or a bird. When the order for death by hanging includes quartering and disembroiling, this is definitely beyond pain, suffering and humiliation that should not be associated with death penalty."

Big offences

Some of the offences that attracted the mandatory death penalty include murder and aggravated robbery.

On top of the 152 inmates who have had their sentenced reduced, another five death-row inmates who have been in prison for 20 years were released on grounds that they had spent a long time in jail and this gave a ray of hope to other inmates under a similar arrangement.

This also followed a Supreme Court judgment which said prisoners on death row, who have completed 20 years after exhausting their appeal processes, have to be released unconditionally.

Some of the released are; Muhammed Birikkadde, who was convicted on kidnap charges; Fred Tindigwihuura, Isaiah Bikumu, Ben Simba Ogwang, all convicted for murder and Yowana Sserunkuma for robbery. But prisons authorities said Sserunkuma was kept in detention for allegedly attempting to escape from jail.

However, renowned advocate James Nangwala said it was unfortunate that the death row convicts would now serve life imprisonment sentences.

"I am aggrieved that these people are going to serve life imprisonment, they should have been hanged because these are people who committed grave offences worth punishable by death. Anyway, we hope there are reform programmes at the prisons which should have made them repent for the horrendous crimes they committed," Mr Nangwala said.

He said the President and the committee of prerogative mercy must become active and make sure death row inmates are hanged as fast as possible once their sentences have been confirmed by the Supreme Court.

Mr Max Mutabingwa, another prominent city lawyer, said: "This is not a good law because when you are to suffer death, you must depend on the prerogative of mercy of the President. The Supreme Court should have left this work to the Parliament to amend the law because it is the duty of Parliament to make laws. It is bad for the Courts to encroach on the duties of Parliament."

According to Mutabingwa, these inmates whose sentences have been reduced to life imprisonment can still be pardoned by the President because the law allows him to do so. "The President can forgive any offender at any time whether convicted of murder or other offences. Even if these people are going to serve the life imprisonment jail term he can still pardon them since he has the powers then he is free to do so," he said.

Now transformed

The Assistant Commissioner in Charge of Welfare, Mr Robert Omita, said these inmates have been undergoing rehabilitation while in jail therefore the risk of being dangerous to the society has been adequately addressed.

"We run rehabilitation programmes for socialisation and human growth which these, people have undergone." Mr Omita said, adding: "Others have taken formal education and now majority are in the university programme taking various courses, others have been rehabilitated spiritually as well as peace building and hunger management programmes which has built them into a productive society."

Among those who have escaped the gibbet include, former Toro Prime Minister John Katuramu, who was sentenced in 2001 for murdering Prince Charles Kijjanango, Kampala Asian businessman Sharma Kooky who was sentenced for murdering his wife in 2000 and Johnson Kamya Wavamunno who was sentenced for using a gun to rob money from a Barclays Bank bullion van.

Others are Gabula Africana, Peter Massette, John Manase, Alex Ogwang, Peter Walusimbi, Gilles Okello Okidi and one Kyeyune, Katuramu's nephew Patrick Kwezi, former commissioner in charge of upper prison Anthony Okwanga, Frank Kalemera, Frank Nyakana, Shadrack Magara, Alex Kamugisha, and Ismail Aliga - all charged with murder plus Fred Ndorere charged with robbery.

There is one female inmate by the names Hadijja Nassolo charged with murder who was considered in this arrangement.

The last execution of death inmates was conducted in 1999 and a total of 28 people were hanged including the UPC leader from Luwero Hajji Musa Sebirumbi.

Prisons spokesperson Frank Baine said 115 inmates on death row are being held at a Jinja prison while the Luzira-based Upper Prison is has only 37.