Judgment No CCZ 8/16 14
Const. Application No CCZ 48/15
servitude as it has developed over the years within the broad framework of societal
protection: firstly, the infliction of a punishment that is condign to the nature and gravity
of the crime committed; secondly, the rehabilitative reorientation of the offender to
render him fit and suitable for societal reintegration as a law-abiding and self-supporting
citizen. These two objectives are intrinsically interconnected, so that the unavoidable
cruelty of incarceration without the correlative beneficence of rehabilitation would
unnecessarily aggravate and dehumanise the delivery of corrective justice. In short,
every prisoner should be able to perceive and believe in the possibility of his eventual
liberation after a period of incarceration befitting his crime and his capacity for
reformation.
Having regard to our own constitutional provisions, viz. ss 50 and 227(1) which
establish revised liberal guidelines on the treatment of prisoners and the rehabilitative
responsibilities of correctional institutions, I see no reason to depart from the foreign and
international jurisprudence that has developed on the subject over the past sixty years. I
accordingly conclude that an irreducible life sentence without the possibility of release in
appropriate circumstances, constitutes a violation of human dignity and amounts to cruel,
inhuman or degrading treatment or punishment in breach of ss 51 and 53 of the
Constitution.
For the sake of completeness, it is necessary to mention in passing section 344A
of the Criminal Procedure and Evidence Act [Chapter 9:07] which stipulates that:
“Subject to any other law, the effect of a sentence of imprisonment for life
imposed on or after the date of commencement of the Criminal Procedure and
Select target paragraph3
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