Wednesday, July 15, 2020

Life sentence, no provision for appeal

A court-martial in Somalia has handed down a life sentence to a would-be suicide bomber. He has no right to appeal, according to this report.

International human rights principles guarantee the right to appeal military court convictions and sentences. Article 14.5 of the International Covenant on Civil and Political Rights provides: "Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law." See also African Charter on Human and Peoples' Rights art. 7.1.1. ("The right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force"); Principles Governing the Administration of Justice Through Military Tribunals, 2018 (The Yale Draft), Principle No. 17, ¶¶ 64-65.

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