The report, compiled by the US Department of State, says significant human rights issues included credible reports of arbitrary or unlawful interference with privacy and serious restrictions on free expression and media among other violations. The report states that the constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge his or her detention in court. While the government generally observe these prohibitions, compliance was found not to be universal. “The law also requires authorities to inform suspects of their rights upon arrest, including the right to remain silent, and requires authorities to file charges before a magistrate within 48 hours. Upon arrest, the police must produce an arrest warrant issued by a duly authorised magistrate upon the presentation of compelling evidence, except in certain cases, such as when an officer witnesses a crime being committed or discovers a suspect is in possession of a controlled substance. The DIS personnel have the power to enter premises and make arrests without warrants if the agency suspects a person has committed or is about to commit a crime,” reads the report. The report further states that though the law provides for a prompt judicial determination of the legality of a person’s detention, heavy court caseloads occasionally delayed this determination.
The country was reported to have a functioning bail system, and detention without bail was unusual except in murder cases, where it is mandatory. Detainees have the right to contact a family member and hire attorneys of their choice, but most could not afford legal counsel. Furthermore, the report found that the constitution and the law prohibits arbitrary arrest and detention and provides for the right of any person to challenge his or her detention in court. Overall, authorities generally respected these rights and legal requirements, although some complaints of violated rights have arisen related to the DIS’s exercise of its arrest powers. The researchers referred to the arrest of Khama twin brothers Tshekedi and Anthony. “On March 18, the DIS arrested an opposition Member of Parliament and his brother for 48 hours without any warrant or charges. The two were denied legal representation during their incarceration. On June 7, 2022 the DIS arrested the legal adviser for the Directorate on Corruption and Economic Crime (DCEC). The DIS’ actions were a continuation of ongoing political tensions between the DIS and the DCEC, whose Director General previously took the DIS to court over accusations that it (DIS) had attempted to confiscate files regarding corruption investigations into the DIS officials. The adviser had previously filed a supporting affidavit in the case filed by the DCEC opposing attempts from the DIS to access the case files,” states the report.
