sentencing to life imprisonment which occurred when the High Court, on 18
May 2006, changed his conviction from rape to gang rape.
94. The Court notes that in the instant case, the amendment referenced by the
Second Applicant, which substituted life imprisonment with corporal
punishment, that is strokes of the cane, was effected in 2007 without any
provision for retrospective application as stated under Section 73 of the
Respondent State’s Interpretation Act.
95. In assessing the legality of the above cited domestic law and decisions
against international norms, this Court recalls that pursuant to Article 15(1)
of the ICCPR:
No one shall be held guilty of any criminal offence on account of any act or
omission which did not constitute a criminal offence, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time when the
criminal offence was committed. If, subsequent to the commission of the
offence, provision is made by law for the imposition of a lighter penalty, the
offender shall benefit thereby.
96. The Court also takes note of the gradually emerging consensus in
international human rights case-law on the retrospective application of
lenient penalties especially in criminal law, including legislation enacted
after the commission of the offence. This trend is exemplified by the case of
Scoppola v. Italy, where the European Court of Human Rights (ECHR) held
that inflicting a heavier penalty for the sole reason that it was prescribed at
the time of the commission of the offence would mean applying to the
defendant's detriment the rules governing the succession of criminal laws in
time.35 The ECHR has specifically held in Jidic v. Romania, that where there
are differences between the criminal law in force at the time of the
commission of an offence and subsequent criminal laws enacted before a
35
Scoppola v. Italy (no. 2) [GC], (Application no. 10249/03), Judgment, European Court of Human Rights
(17 September 2009), para 106-108.
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