Africa-Press – Botswana. The government has asserted that Botswana’s retention of the death penalty is justified under international law.
Botswana has no intention of imposing a moratorium on capital punishment or abolishing it any time soon, the government told the African Commission on Human and Peoples’ Rights recently.
Affirming this defiant position in its Fourth and Fifth Combined Periodic Report on the implementation of the African Charter on Human and Peoples’ Rights (ACHPR), the government asserted that Botswana’s retention of the death penalty is justified under international law.
Neither suspension nor abolition
It stated unequivocally that it “is currently not in a position to commit either to a moratorium or abolition of the death penalty” after the Commission recommended consideration of “a moratorium on the use of the death penalty with a view to abolishing it, in conformity with the Commission’s Resolutions”.
The government has remained firm in its response. “Botswana is currently not in a position to commit either to a moratorium or abolition of the death penalty,” it stated.
“The Constitution of Botswana, in particular Section 4 (2), allows for derogation with respect to the protection of the right to life, which is allowed where the deprivation of life is as a result of the execution of the sentence of a court, in respect of an offence under a law in Botswana of which a person has been convicted.
Due process
“Section 10 of the Constitution spells out due process of the law to persons charged with a criminal offence in Botswana and it includes fair hearing within a reasonable time by an impartial court, presumption of innocence until proven guilty, the public hearing of the proceedings, as well as every individual’s right to legal representation.”
Insisting on the justice of its position in international law, the government spelt out the offences that attract the death penalty and the process of adjudicating the offences.
Murder and treason
“These include meting out the penalty as punishment for grievous offences such as murder and treason, adjudication of these offences by competent courts, subjecting all death penalty verdicts to appeal,” it said in its report to the Commission.
The Commission had also asked Botswana to urgently consider commuting the verdicts of all prisoners sentenced to capital punishment to life imprisonment.
“With regard to the recommendation on the commutation of all death sentences already handed down,” the government responded, “it is important to note that rigorous legal processes are followed before a decision to impose the death penalty is taken as indicated above.
President’s Prerogative of Mercy
“All death penalty sentences are handed down by the High Court and the right to appeal applies to all convicts.
“Section 55 of the Constitution provides that where a person has been sentenced to death, the President shall cause a written report of the case from the initial judge together with such other information derived from the record of the case as he or she may require, to be considered at a meeting of 11 the Advisory Committee on the Prerogative of Mercy.”
The government emphasised that the President decides whether or not to exercise his or her powers under Section 53 of the Constitution. after obtaining the advice of this Committee.
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