PRESS STATEMENT BY DITSHWANELO  – THE BOTSWANA CENTRE FOR HUMAN RIGHTS

World Day Against the Death Penalty  -  10 October 2008

DITSHWANELO - The Botswana Centre for Human Rights joins the rest of the world in commemorating the World Day against the Death Penalty. October 10 marks the day when countries and organisations around the world challenge the existence of the death penalty. The World Coalition against the Death penalty was created in Rome in 2002 and its members comprise bar associations, trade unions, local governments and non- governmental organisations. In 2003, the Coalition established the World Day against the Death Penalty.

According to Amnesty International, two thirds of the countries in the world (129 countries) have abolished the death penalty in law or in practice. In Botswana the death penalty may be imposed for the capital offences of murder, treason, instigating a foreigner to invade Botswana and for assault with intent to kill in the course of piracy. The Penal Code of Botswana states that “when any person is sentenced to death, the sentence shall direct that he shall be hanged by the neck until he is dead”.

DITSHWANELO believes that the death penalty is cruel, degrading and inhumane. The practice is in contradiction with universally accepted standards for upholding human dignity. DITSHWANELO remains concerned that executions in Botswana are conducted in secrecy, without due regard for the relatives of the person being executed. The families are not notified of the impending execution and are therefore denied the opportunity to say good bye to the condemned prisoner.

Further, DITSHWANELO remains concerned that cases relating to the death penalty are often assigned to legal practitioners who fail to adequately represent their clients because of lack of resources,  insufficient preparation and limited experience. This means that in the event that the court erroneously arrives at a decision, the execution cannot be reversed.   

           
DITSHWANELO has over the years, regularly called for the establishment of a functioning legal aid system to ensure increased access to justice for the poor. The pro deo arrangement exists but is ineffective. It is a system through which the State provides the poor with a lawyer if they risk facing the death penalty. We have raised serious concerns about the shortcomings of this system. We nevertheless commend the Government of Botswana for its subsequent commitment to ensuring increased access to justice for all who live in Botswana. Working in collaboration with the University of Botswana, preparatory work has begun on the provision of a legal assistance system.

For several years, DITSHWANELO has been drawing attention to violations of international standards, including the right to a fair trial, in cases in which the death penalty is applied. We urge the Government to recognise that protection of human rights includes the abolition of the death penalty for all persons.    

DITSHWANELO continues to urge the Government of Botswana to put in place a moratorium on the death penalty as a first step towards abolition of the death penalty.

10 October 2008
Gaborone