Constitutional Implications of General Akol Koor’s House Arrest

Mark-DengAuthor: Mark A.W. Deng
Melbourne Law School

Summary

This piece provides a critical analysis of General Akol Koor Kuch’s house arrest from a legal and constitutional perspective. It makes two principal arguments: 1) in placing General Akol under house arrest without having been formally charged with a crime and sentenced by a court of law, the executive government of South Sudan has assumed the fundamental function of courts to determine and award punishment for violations of laws;2) the house arrest violates General Akol’s personal liberty and fair trial protected in the Transitional Constitution of South Sudan, 2011.

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Nine Judicial Executions in The Gambia Undermine the Rule of Law

Andrew NovakAuthor: Andrew Novak
Adjunct Professor of African Law, American University Washington College of Law

Late at night on 23 August2012 the President of The Gambia, Yahya Jammeh, ordered the executions of nine death row inmates despite international condemnation and even division in his own cabinet.  At least three of the death sentences were for the crime of treason; the remaining cases involved murder.  Two of the nine were Senegalese nationals, and at least one had been on death row since before the current death penalty law entered into force.  These cases are constitutionally troubling and may erode the rule of law in The Gambia, Sub-Saharan Africa’s smallest mainland country with a population of 1,3-million.

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