Interights & Ditshwanelo v. The Republic of Botswana - 319/06

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98. For these reasons, the African Commission holds as follows:

(a) That the Respondent State – Republic of Botswana has violated the provisions of Articles 5 and 1 of the African Charter;

(b) That there has been no violation of Article 4 of the African Charter;

99. The African Commission therefore;

1. Calls on the Respondent State to review relevant legislation to provide for the compensation of the family of the Victim;

2. Strongly urges the Respondent State to take all measures to comply with the Resolution urging State Parties to observe a Moratorium on the Death Penalty

3. Urges the Respondent state to take steps to abolish the death penalty;

4. Calls on the Respondent State to submit the African Commission within 180 days from the date of receipt of this decision (in line with Rule 112(2) of the African Commissions Rules of Procedure) on the measures taken to give effect to these recommendations.

Done in Banjul, The Gambia, during the 57th Ordinary Session of the African Commission on Human and Peoples’ Rights, 4 – 18 November 2015.