Capital punishment our colonial heritage

CHIEF JUSTICE of the Eastern Caribbean Supreme Court Sir Dennis Byron said Caribbean Court of Justice (CCJ)  raised serious issues about capital punishment from the perspective of colonial heritage.

When he addressed a seminar of judges, magistrates  and other judicial officers from Trinidad and Tobago, Guyana and Suriname, Sir Dennis and many people had established a conceptual link between the CCJ and capital punishment, and that one could interpret that proponents of this view are arguing that appeals to the Privy Council should be abolished because of dissatisfaction with some of its decisions. This may signal that the court that is replacing it should remove this dissatisfaction by deciding along the policy lines of the proponents of the court.

Sir Dennis said this argument must be rejected as it undermines the degree of confidence with which the CCJ should be accepted. “I am sure that this could not be the case for it would undermine the concept of judicial independence which is the foundation of the citizen’s right to impartial trials. There is another dimension to the debate, because whether one agrees with the contents of the ruling of the Privy Council or not, there must be concern over the argument of interference in the domestic laws by such a remote body. “I find  an element of irony in the debate. It is strange that Caribbean jurists would consider capital punishment as an indigenous thing which we own. In reality, it was imposed by British Colonial policy through the Privy Council.

“The Universal Declaration of Human Rights and its impact on concepts of humanity led to changes in political, social and legal philosophy. It is interesting that at the time when Caribbean states acquire independence, a savings clause was put into the constitutions. These clauses have been interpreted and applied in ways which have removed the powers from Caribbean judges to declare that any punishment imposed during colonialism was unconstitutional.” He further argued that the CCJ, and the consequential changes it should engender, will empower regional jurists to give effect to regional standards and values as the laws of the region are interpreted and applied. This issue, he added, highlights that jurisprudence is a developing science. He explained that the courts have interpreted our constitutions as guardians of principles of separation of powers and the fundamental rights and freedom of people. The judiciary has been playing its role in exercising powers of review over legislative and executive actions. Therefore, he urged, there is every reason to expect that the CCJ will contribute to this process of regional development.