Wednesday, January 30, 2019

Double jeopardy?

A Namibian soldier accused of shoplifting while in uniform is facing both military and civilian charges, according to this report. Should she be?

Article 14(7) of the International Covenant on Civil and Political Rights, to which Namibia is a party, provides:
No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
Article 12(2) of the Constitution of Namibia provides:
No persons shall be liable to be tried, convicted or punished again for any criminal offence for which they have already been convicted or acquitted according to law: provided that nothing in this Sub-Article shall be construed as changing the provisions of the common law defences of "previous acquittal" and "previous conviction".

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