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.