Grenada High Court, Glasgow J., declares punishment of flogging authorized by certain statutes under Grenadian Law to be unconstitutional

In a judgment delivered on 17 October 2024, the Grenada High Court (Glasgow J) declared the punishment of flogging authorised by sections 70, 75, 78, 79, 95, 212 and 276 of the Criminal Code and section 16 of the Praedial Larceny Act unconstitutional. In accordance with evolving norms and decency, and the momentum of international human rights law, it was accepted that flogging is inhuman and degrading punishment.

Glasgow J further held that the relevant provisions discriminated against the Claimants by singling out men to be flogged whilst exempting women in accordance with accepted norms of decency. 

Edward Fitzgerald KC and Amanda Clift-Matthews developed the pleadings and legal submissions on behalf of the Claimants in this case. They were instructed by Parvais Jabbar of Simons Muirhead and Burton.

The judgment is available here.