The privy council: the mandatory death penalty is inhuman and degrading treatment
Author | Elina Steinerte |
Position | University of Bristol |
Pages | 95-108 |
THE PRIVY COUNCIL: THE MANDATORY
DEATH PENALTY IS INHUMAN AND
DEGRADING TREATMENT
ELINA STEINERTE*
Bowe (Junior)
&
Anor v R. Rev 1 (Bahamas) [2006] UKPC 10 (8 March 2006)1
The Judicial Committee of the Privy Council (hereinafter: the Board) in 2002
has upheld the unconstitutionality of the mandatory death penalty in St Vincent and
the Grenadines, St Lucia, Grenada, St Kitts and Nevis, Dominica, Belize and
Antigua and Barbuda.2 In 2004 three more Caribbean countries were added to the
list: Barbados,3 Jamaica4 and Trinidad and Tobago.5 The judgment in Bowe is the
most recent judgment in the series and with this judgment the mandatory death
penalty has been declared to be contrary to the Constitution of The Bahamas as well.
The Board reached this conclusion through a thorough examination of the various
Constitutional Orders of The Bahamas and a detailed assessment of the various
jurisdictions. It was concluded that as early as during the time of Magna Carta
excessive punishments were prohibited and thus any penalty must be proportionate
to the crime committed. The Board also noted that any penalties fixed in law
contradict the principle of separation of powers as the judiciary is thus deprived of
the possibility of evaluating the specific circumstances of each offence. Peculiarly,
however, the Board made little reference to the international human rights standards
and thus arguably missed an opportunity to add to the growing voice of the
international community inviting the Caribbean countries to accede to the
* Dr Elina Steinerte, University of Bristol. The author acknowledges the suggestions and
comments of Mr Kahlil D Parker in finalising this article. Any inaccuracies are the sole
responsibility of the author.
1 Hereinafter: the Judgement; Available at: http://www.baiiii.org/uk/cases/UKPC/2006/10.html
(accessed on 19 June, 2006).
2 'Bahamas: Privy Council Abolishes Mandatory Death Sentence' Amnesty International
Press Release of 9 March 2006; Available at:
http://web.arnnestv.org/librarv/print/ENGAMR140012006 (accessed on 19 June, 2006).
3 Griffith & Ors v The Queen (Barbados) [2004] UKPC 58.
4 Watson
v
R (Jamaica) [2004] UKPC 34.
5 Matthew v The State (Trinidad and Tobago) [2004] UKPC 33.
To continue reading
Request your trial