Vague offences have a chilling effect on freedom of expression

These provisions are also used against those who have spoken against various Government policies and/ or authorities and used to curb legitimate debate in a democratic society, she said.

Steinerte said they noted the widespread application of the Stock Theft ( Amendment) Act No. 7 of 2019, which imposes a minimum mandatory sentence of 5 years for first offenders and 7 years for repeat offenders, without distinction between adults and children.

Further, they noted numerous cases of children as “young as 15 being sentenced to 5 years of prison under this Act”, she announced.

Article 9 of the Covenant requires that detention be used only on an exceptional basis and Article 37 of the United Nations Convention on the Rights of the Child makes this obligation even more onerous in respect of children, the team leader said.

She said that mandatory minimum sentencing deprives judicial authorities of their duty to assess the proportionality of sentences to individual circumstances in each case.

For these reasons, the Group recommended that the Government should review its Penal Code to significantly reduce offences punishable by deprivation of liberty, bearing in mind necessity and proportionality.

They also suggested that sentences of those imprisoned should be abuse, including the

Services Unit Services

reviewed to determine arbitrary deprivation

Disability Support Services Unit

whether they remain of liberty. proportionate. The Working Group’s Steinerte said that Deliberation No. 11

Submission of Applications:

laws formulated in calls upon the States vague and broad terms to devote particular breach the principle attention to necessity

Centres for their application advisement.

of lex certa ( legal cerand proportionality of tainty) and violate the deprivation of liberty

Application Fee:

due process of law. in the context of pub

“The principle of lic health emergencies,

Changes:

legality requires that including the Covid- 19 laws be formulated with pandemic. sufficient precision Admission so Processing: Particularly, the that individuals may Group called for the have access to and unreduction of detained derstand the law, Closing and date: people and reminded regulate their conduct that emergency powers accordingly”. must not be used to

Enquiries:

The Group recalls silence the work of huthat laws that are vagueman rights defenders, ly and broadly worded journalists, members of may deter the exercise the political opposition,

Mailing Address:

of the rights to freedom or any person express

Mailed applications should be addressed to:

of opinion, expression, ing dissent or criticism peaceful assembly and of emergency powers association, participaor disseminating infortion in political and mation contradicting public affairs, as they measures addressing have the potential for the health emergency.