Fly's secretive execution wrong-Ditshwanelo

MARANYANE NGWANAAMOTHO
Staff Writer | Friday March 26, 2010 00:00

Ditshwanelo has also promised to continue investigating allegations that Fly was abused and tortured by prison officials before his death.

'We have heard about such rumours in the newspapers, and we decided to investigate how true they are,' said Mogwe. 

She explained that prison officials have advised them to write an official letter stating their concerns and what they want to investigate.  'We are still going to write a letter to investigate the rumours.

We however cannot confirm the allegations of torture and abuse as we only read about them in the papers,' she said.

She told Mmegi yesterday that although Fly has been executed they would continue lobbying and pushing for the rights of those who die in such a manner.

She complained that the secrecy of executions makes it difficult to conduct thorough investigations since the only person who can confirm allegations of torture and abuse in prison would be dead. 

'This is what we lobby against.  Though he is dead, we will follow up.  We are going to write that letter and do all we can,' she said.  She believes that even though Fly is dead and will not benefit from the investigations, it might help his family in some way and benefit other death row inmates.

She also lamented government's failure to inform the family about the date of execution and the refusal to give the family access to the prisoner, which may result in the inhuman and degrading treatment or punishment for both the prisoner and his family, which is also not authorised to see the grave, as burial is conducted inside the prison.

She said that though the prisoner is given notice of his execution at least 24 hours before the hanging, it does not help since he or she cannot say goodbye to loved ones. 'The post conviction procedure does not allow for any public knowledge of the exact time of this notice to the prisoner, and this is the secrecy that we lobby against,' she said. She said that the lawyers and the prisoner's family are neither informed of the decision on clemency nor of the imminence of the execution.

Mogwe said that Ditshwanelo maintains that no one has the right to kill.  She said that they advocate for a restorative approach and that alternatives should be considered to address cases of murder.  'We say no one has the right to kill.  No individual, no government!' she stressed. 

She added that they do not want to impose any alternatives to the death sentence, but encourage non-governmental organisations, the government, stakeholders and the society to meet and consider alternatives to the death penalty. 

Fly was convicted of killing his two-year-old son; Tawana Mosinyi using an axe while the boy was sleeping. The incident happened at Somerset Extension, Francistown in 2006 after Fly had a heated argument with his ex-girlfriend.

Justice Masuku of the Francistown High Court convicted him of murder on October 17, 2008. He appealed his conviction and sentence on grounds that the killing was accidental.However, the Court of Appeal dismissed his appeal and he was consequently hanged Wednesday morning.