Hands Off Cain
Gambia

The new Constitution adopted in 1996 retains the death...

The new Constitution adopted in 1996 retains the death penalty

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The new Constitution adopted in 1996 retains the death penalty. The last execution was carried out in 1981.
Section 18 (1) of the constitution of the Gambia provides for the protection of the right to life in the following terms:"No person shall be deprived of his or her life intentionally except in the execution of a sentence of death imposed by a court of competence jurisdiction in respect of a criminal offence for which the penalty is death under the laws of The Gambia as they have effect in accordance with subsection (2) and of which he or she has been lawfully convicted."
Section 11 (1) of the Children and Young Persons Act, states that: "No child shall be ordered to be imprisoned"A young person may be imprisoned if he or she could not be suitably dealt with through probation or fine. They may also be imprisoned provided they do not associate with adult prisoners. However, the death penalty should not be applicable to children or young persons absolutely and the Death Penalty Restoration Decree 1995 (Decree No 52/95) should be amended to reflect this view.