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DEATH PENALTY

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The ‘Hidden’ Third Parties as Victims<br />

the other, this can cause a feud among the children, as to whether or<br />

not to defend the living parent to save him or her from death row.<br />

In some cases, children are coached and may lie in court, an act the<br />

children may come to regret, feeling they were used. In other cases,<br />

evidence presented at mitigation to help the parent survive the death<br />

penalty may be humiliating to the children because such information<br />

may be details of traumatic stories concerning the family, and the<br />

children will have to deal with consequence of such information<br />

when it goes to the public.<br />

Upon sentencing, some children may not know what happens after a<br />

death sentence has been given to their parent. Some assume that the<br />

parent will be executed immediately, yet this may take many years<br />

pending appeals or because an execution order has not been signed<br />

or because there is a moratorium on executions.<br />

Following a 2009 Uganda Supreme Court ruling on the Constitutional<br />

Court petition by Susan Kigula, it is no longer mandatory for<br />

anyone convicted of a capital offence to be sentenced to death. The<br />

last time convicts were killed by hanging in Uganda was in 1999.<br />

Since that time, the president has not signed for the execution of<br />

anyone on death row. Meanwhile in the local communities, the message<br />

is different, from what they have always known and what the<br />

media reports, it’s believed that whoever is handed a death sentence<br />

would be hanged the next day. Many people are considered dead by<br />

family members although they are still alive, and the impact of this<br />

is placed on the children who are now being called “orphans” and<br />

given a name like child of the person who died in prison.<br />

As Wells of Hope Uganda, in 2013 we visited 37 families of prisoners<br />

in Uganda; of these 21 were families of prisoners of death row. Thirteen<br />

families with people on death row thought that the relative on death<br />

row had died, and when we visit such families, it’s like a resurrection,<br />

because we inform them that the parent on death row whom they had<br />

already declared dead is alive. For example, we took Brenda, 16, to see<br />

her father on death row; she had lived for eight years thinking he was<br />

dead. She said that although she was alive, she was a walking dead body<br />

and that she was resurrected the day she saw her father in prison.<br />

198

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