“I personally have always voted for the death penalty because I believe that people who go out prepared to take the lives of other people forfeit their own right to live. I believe that that death penalty should be used only very rarely, but I believe that no-one should go out certain that no matter how cruel, how vicious, how hideous their murder, they themselves will not suffer the death penalty.”
-MARGARET THATCHER
Prior to its abolition, death penalty was awarded for crimes such as treason,[1]espionage, military offenses.[2]The Chadian government assured the U.N. Human Rights Committee in June 2008 that it would commute all death sentences to life imprisonment. However, there have been no credible reports of executions or commutations since 2003[3], while at least 35 or 36 persons are currently serving a death sentence. . Reports indicate that 19 or 20 people were under death row in 2004-2005. No death sentence was reported for 2006. At least 1 death sentence was handed down in 2007, at least 12 in 2008, at least one in 2009, one in 2010,[4] and at least one in 2011.[5]
It is worth noting that though the legal system of Chad has espoused death penalty, there had been no reported executions since November 2003. In November 2012, Chad was targeted by a mission of Hands off Cain and the Nonviolent Radical Party, Transnational and Transparty (NRPTT), aimed at favouring the abolitionist process internally and obtaining a vote in favour of the UN Resolution for the universal moratorium on executions. On 20 December 2012, Chad voted in favor of the Resolution at the UN General Assembly. Chad signed the 2008 and 2010 Note verbale de dissociation, which registered its formal opposition to the UNGA’s resolutions[6]. On 5 September 2014, the Chadian government adopted a penal code aimed at abolishing the death penalty.[7]
In July 2015 the National Assembly passed a stringent anti-terror bill after suffering two deadly Boko Haram attacks in a month, including one in the capital N'Djamena. The legislators have toughened sentences and given the police greater powers in cases of suspected terrorism.
Beyond capital punishment for the most serious cases, penalties for lesser terror offences were increased to life imprisonment from the current maximum of 20 years, and the duration for which suspects could be held by police without charge was increased from 48 hours to 30 days, renewable twice.[8]
The government's draft law had raised fears among opponents and activists that it might be used to curtail freedoms. As a result of the reforms, raids and arrests by the security forces have shot up in recent months, with reports of hundreds of people detained in N'Djamena alone.[9]
The death penalty is an extreme form of punishment and, it should only be imposed after giving a fair trial which respects the most stringent due process guarantees as stipulated in international human rights law.
Human rights are one of the only certainties, most basic of which is the Right of life. The decision of government dwindling between abolishing and reintroducing death penalty, in a way violates the human rights of Chadian public. Moreover, the execution without following Due Process, raises questions against the freedom and liberty of people. Therefore it is necessary that the government hand out capital punishment in rarest of the rare cases, and only after thorough deliberation and following due process.
[1]Chad Code of Military Justice (Loi portant code de justice militaire), arts., 42, 43, 73, 75, 85, Law No. 62-025, Dec. 18, 1962
[2]Chad Code of Military Justice (Loi portant code de justice militaire), arts.,51, 62, 68 69, 77, 79, 81, Law No. 62-025, Dec. 18, 1962.
[3] La Peine de Mort dans le Monde, La peine de mort – Tchad, (Dec 4, 2015) http://www.peinedemort.org/National/pays.php?pays=118 .
[4]Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, http://www.amnesty.org/en/library/info/ACT50/001/2011/en
[5]Amnesty Intl., Death Sentences and Executions in 2011, p. 7, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en
[6] Hands off Cain, Chad, (Dec 2, 2015), http://www.handsoffcain.info/bancadati/schedastato.php?idcontinente=25&nome=chad
[7]BBC News, Chad reintroduces death penalty for acts of terror, (Dec1, 2015), http://www.bbc.com/news/world-africa-33732176
[8] Hands off Cain, Chad, (Dec 2, 2015), http://www.handsoffcain.info/bancadati/schedastato.php?idcontinente=25&nome=chad
[9] Cornell Law School, Death Penalty Worldwide (Chad), (Dec 1, 2015), http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Chad