PRESS STATEMENT ON UNITED NATIONS INTERNATIONAL DAY IN SUPPORT OF VICTIMS OF TORTURE

POLICE BRUTALITY AND TORTURE IN BOTSWANA

DITSHWANELO – The Botswana Centre for Human Rights would like to join the rest of the World in commemorating the United Nations International Day in Support of Victims/Survivors of Torture on 26 June 2004.

DITSHWANELO remains concerned that in a liberal democracy such as Botswana, there continues to be reports of excessive force used by security officers on citizens and immigrants. Reports of such allegations continue to be made directly to NGOs as well as in the media.

In 2000, Botswana became party to the United Nations International Covenant on Civil and Political Rights (ICCPR) as well as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). This means that Botswana has committed herself to protecting the dignity and the physical and mental integrity of the individual. She has committed herself to not only prohibiting such treatment or punishment, but also rendering it a crime and providing appropriate penalties for perpetrators of torture. It also means that Botswana must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment, by way of forced return, extradition, expulsion or refoulement.

Botswana is also a party to the African Charter on Human and Peoples’ Rights. The African Charter stipulates that “every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status.” It prohibits “all forms of exploitation and degradation of man, particularly… torture, cruel, inhuman or degrading punishment and treatment”.

The Botswana Constitution prohibits “torture… inhuman or degrading punishment or other treatment”. However, it makes an exception which allows for Corporal Punishment and the Death Penalty. Thus when Botswana became a party to the United Nations statutes mentioned previously, she did so in accordance with the narrow interpretation of her laws, which allow for corporal punishment and the death penalty.

DITSHWANELO continues to oppose the retention of the death penalty and corporal punishment.

The lack of a clear definition of torture in Botswana’s laws; the lack of criminalisation of torture and specific penalties for perpetrators of torture; the lack of compensation for victims/survivors or torture and the retention of corporal punishment and the death penalty in Botswana’s laws; the return of refugees to countries from which they have fled (8 Caprivians to Namibia in Dec 2003), all bring to question the Government’s commitment towards fighting torture, cruel, inhuman or degrading punishment. Botswana must do more in this regard if we are to attain a Compassionate, Just and Caring Nation by 2016.

23 June 2004
Gaborone