'Return Bodies of Executed Persons'
Innocent Selatlhwa | Tuesday November 16, 2021 06:00
According to a newly released report by the committee, Botswana has been urged to inform families before execution and also to return their bodies for private burials after hanging them.
“The committee regrets the State party’s position that it does not plan to abolish the death penalty nor to impose a moratorium, and reiterates its concern that death sentences continue to be imposed and carried out,” reads the report.
“The committee is also concerned that no applications for mercy before the Advisory Committee on the Prerogative of Mercy have been successful and regrets the lack of information on the criteria applied for determining the success or failure of such applications.”
The committee further raised concerns that sufficient time is not afforded death-row inmates for preparation of clemency petitions, despite the ruling of the Court of Appeal on the Gabaakanye v. the State case in 2016 for instance; that advance notice of the execution day is not given to prisoners and their families; and that the body of the executed person is not returned to the family for a private burial.
“The committee takes note that the death penalty is mandatory for the crimes of murder and treason and reiterates its view that mandatory imposition of the death penalty for any crime violates article 6.2 of the Covenant. In addition, the committee considers that treason would not be included amongst the most serious crimes within the meaning of article 6 of the Covenant,” they wrote.
They have since called for a revision of the Penal Code to make it strictly compliant with article 6.2 of the Covenant and restrict the crimes for which the death penalty may be imposed to the most serious crimes, understood to be crimes involving intentional killing.
It was also recommended that Botswana should increase its efforts towards commuting the death penalty imposed on persons on death row to life imprisonment; ensure that prisoners and their families are informed in advance of the date of the execution; and that the body is returned to the family for a private burial.
Botswana was also urged to consider embarking on a political and legislative process aimed at the abolition of the death penalty and carry out public advocacy efforts and campaigns to promote that objective, including a public debate on the death penalty based on a full presentation of all aspects of the matter, especially the importance of achieving progress in the enjoyment of the right to life.