Legislative note: the abolition of the death penalty for drug offenses in The Gambia

Abstract

The Gambia, the smallest mainland country in Africa, is increasingly a transit point for illicit drug traffic between Latin America and Europe. As part of President Yayeh Jammeh’s attempts to crack down on this drug trade, in October 2010 the Gambian legislature passed a mandatory sentence of death for drug trafficking for persons possessing more than 250 grams of cocaine or heroin. The law was not constitutionally operable, however, because of Article 18(2) of the Gambian constitution, which forbids the death penalty for crimes other than aggravated or premeditated murder. Consequently, the death penalty for drug trafficking was abolished in April 2011.