INTERIGHTS and Ditshwanelo (on behalf of Oteng Modisane Ping) v Botswana

Forum: African Commission on Human and Peoples' Rights
INTERIGHTS' role: Co-representative
Keywords: Death penalty, cruel, inhuman and degrading treatment

INTERIGHTS and Ditshwanelo (on behalf of Oteng Modisane Ping) v Botswana challenges the death penalty imposed against Mr Ping in Botswana. The case challenges the death penalty as a violation of the right to life and the right to freedom from cruel, inhumane and degrading punishment protected in the African Charter on Human and Peoples Rights. The parties also argue that the imposition of the death penalty in Botswana is arbitrary and therefore a violation of the right to life under the African Charter and that the method of execution employed in Botswana is unnecessarily cruel, inhuman and degrading and therefore a violation of the African Charter. Finally the case challenges the process in Botswana in which convicted prisoners are executed in private and are prevented from accessing the African Commission before the execution is implemented.

The applicants have filed a brief on the merits and await receipt of the state’s brief on the merits after which the case will be set for a hearing on the merits.

The communication was brought on 31 March 2006.

Contact: Solomon Sacco at ssacco@interights.org