For these reasons, the African Commission finds:
a. There has been a violation of Articles 5 of the African Charter by the Respondent State;
b. There has been no violation of Articles 2, 3, 4 and 7 (1) (d) of the African Charter by the Respondent State;
c. Strongly urges the Republic of Botswana to take all measures to comply with the Resolution urging States to envisage a Moratorium on the Death Penalty;
d. Urges the Respondent state to take urgent measures with a view to abolish the death penalty;
e. Requests the Republic of Botswana to report back to the African Commission when it submits its report in terms of article 62 of the African Charter on measures taken to comply with this recommendation.
Done in Banjul, The Gambia during the 10th Extra-ordinary Session of the African Commission on Human and Peoples’ Rights, December 2011.