PRESS STATEMENT ON THE RECENT KILLING OF JOHN KALAFATIS

DITSHWANELO urges the Government to continue to uphold the principles of regional and international human rights instruments

DITSHWANELO – The Botswana Centre for Human Rights is concerned about the recent killing of John Kalafatis at Extension 12, Gaborone by security forces.   DITSHWANELO views the taking of human life whether by individuals or the state as a violation of the fundamental right to life. This is why the organisation has consistently opposed the retention of the death penalty and corporal punishment.  Both shootings of unarmed civilians and the use of the death penalty are examples of state killings and violate fundamental human rights.

In 2000, Botswana became 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). 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.

In its press statement of 19 September 2000, DITSHWANELO publicly congratulated the Government of Botswana on its decision to become state party to the ICCPR and the CAT. 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 also concerned about statements in the print media attributed to the Vice President that “The integrity of this country cannot be determined by one or two shootings.  Our image is not that fragile.”  Derogations from human rights are not desirable within a democracy which upholds the rule of law.

In 1998, DITSHWANELO published a report entitled “Torture in Botswana: an exploration of forms and effects”. In this study we noted that torture is practised 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’.

DITSHWANELO urges the Government to continue 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.

20 May 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/ditshwanelo-myfuturetoday@info.org.bw