Monday, April 13, 2020

COVID-19 and military justice (Zimbabwe)

President Emmerson Mnangagwa of Zimbabwe has issued Clemency Order 1 of 2020, granting clemency to a broad swath of prisoners. Specifically excluded by ¶ 11b are those serving a sentence imposed by a court-martial. The order, which had the objective of decongesting prisons in light of the COVID-19 pandemic, has been criticized for discriminating in favor of women prisoners:
The clemency order commanded the release of all convicted female prisoners who had served at least half of their sentences by March 27, 2020. Women convicted for committing specified offences were, however, excluded from the pardon. Whilst it is accepted that no decision is made in a vacuum, there appear to be no legal justification for favoring women over men.
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Whilst the decision to decongest prisons through amnesty in the wake of the COVID-19 pandemic is commendable, full remission of sentences for all female prisoners is arguably discriminatory and unconstitutional. If females who had served half of their sentences were allowed to go home, why should their male counterparts remain behind bars?
Tell me again, please, why military prisoners were excluded? 

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