Press Statement on the recent allegations of death and torture by state security agents

DITSHWANELO advocates for urgent and transparent investigations and human rights awareness by all

DITSHWANELO – The Botswana Centre for Human Rights is concerned about recent reports in the newspapers that a man, identified by The Botswana Gazette of 12 to 18 August 2009 as Mr Jordan Setlapoloka, died as a result of torture by state security agents.

 
An article in the Mmegi of Wednesday 5 August 2009 alleges that “a man found dead in the bush at Senamakola lands in Gabane area died because he had allegedly been tortured by arresting police officers”.   The corpse was discovered on 30 July 2009 “a day after he was arrested by officers.” According to the article, the deceased “had reportedly been arrested by the Serious Crimes Squad who handed him to Mogoditshane Police Station officers.  According to statements from various sources within the security fraternity, either on that day or the next, police officers took the suspect on various rounds of torture attempting to extract a confession statement.”  This article further alleges that “One of the witnesses, who has made a statement to the police officers investigating the case, has reportedly indicated that on Friday night he saw a white Nissan van, similar to the ones usually used by police officers on operations, parked at the same spot where he discovered the corpse the next day… A dry-cleaner receipt belonging to one of the senior officers in the team was found near the corpse.  Secondly, the corpse showed injuries associated with torture on the wrist and ankles.”

The report in the Midweek Sun of Wednesday 5 August 2009 alleges that “the man was actually “shot at” by unidentified men, they suspect to be law enforcement officers at Phase 2.”    According to this article, “The man was then immediately loaded onto the back of a bakkie.”

These reports follow the highly publicised killing of Mr John Kalafatis on 13 May 2009 and other incidents of extra judicial killings and torture allegedly perpetrated by state security agents. DITSHWANELO continues to monitor information concerning these matters.

DITSHWANELO has consistently advocated against torture.  In a report entitled “Torture in Botswana: an exploration of forms and effects”, we noted that torture is practiced in Botswana by people who have a duty to protect others.  In this report, DITSHWANELO expressed concern that the main reasons for the use of torture by officials of the State included poor investigative methods, insecurity of the officers in charge, and a desire by the investigating officers to see `quick results’.

In its press statement of 19 September 2000, DITSHWANELO publicly congratulated the Government of Botswana on its decision to become state 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). Both these instruments reflect a commitment by the state that they will protect the dignity and the physical and mental integrity of the individual by prohibiting such treatment or punishment, and also by rendering it a crime and providing appropriate penalties for perpetrators of torture.   We note that the country continues to have reservations with regards to the definition of torture.

Botswana is also a state party to the African Charter on Human and People’s Rights (ACHPR). 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 is opposed to the taking of human life, whether by individuals or the state as such action is a violation of the fundamental right to life. This is why the organisation has consistently opposed the retention of the death penalty.  Both the killing of unarmed civilians and the use of the death penalty are examples of state killings and violate fundamental human rights.

DITSHWANELO congratulates those citizens who have come forward with information which allows the authorities to take action to deal with the perpetrators of extra judicial killings and torture which occur in our society.  We urge the Government to uphold the minimum standards of human rights which the country committed itself to in ratifying and acceding to regional and international human rights instruments.  We continue to urge the Government to take all possible steps to attain a Compassionate, Just and Caring Nation by 2016.

12 August 2009
Gaborone

For more information, please contact DITSHWANELO – The Botswana Centre for Human Rights at Tel: 267 390 6998 Fax: 267 3907778, Website: www.ditshwanelo.info.bw, Email:admin.ditshwanelo@info.bw