Decision on Strike Out of the African Commission on Human and Peoples' Rights Communication 600/16: Patrick Gabaakanye (represented by Dingake Law Partners, DITSHWANELO and REPRIEVE) v. Botswana Summary of the Communication: 1. The Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat), received a Complaint on 4 February 2016, from Dingake Law Partners, DITSHWANELO and REPRIEVE (the Complainants) on behalf of Patrick Gabaakanye (the Victim) against the Republic of Botswana (the Respondent State), State Party to the African Charter on Human and Peoples' Rights (the African Charter). 1 2. The Complainants submit that the Victim is a 55 year-old Botswana national who was arrested in 2010. He was charged and later convicted of murder without extenuating circumstances contrary to section 202 of the Penal Code of Botswana. 3. The Complainants aver that the Victim pleaded not guilty to the charge of murder contrary to section 202 of the Penal Code but was convicted of the charge on 13 February 2014. He was sentenced to death by hanging by the High Court sitting at Gaborone on 3 July 2014. The Complainants state that Justice Lakvinder Singh Walia considered that there were no extenuating circumstances to mitigate against the Victim's offence and the death penalty is mandatory for murder without extenuating circumstances under the Botswana law. 4. The Complainants allege that on 30 July 2015, the Court of Appeal dismissed the Victim's appeal and confirmed the decision handed down by the High Court. According to the Complainants, the only remaining mechanism open to the Victim to avoid execution was Presidential clemency. 5. The Complainants aver that following the High Court decision, the Victim's lawyers wrote to the Attorney General asking for (i) guidance on the clemency procedure, (ii) confirmation that the trial judge's report on which clemency is based would be disclosed to the Victim and (iii) an undertaking that the Victim would not be executed before he had been able to meaningfully petition the President's clemency. The Victim's lawyer also wrote to the President of Botswana requesting that he refrain from signing the Victim's execution warrant until he had had the opportunity to meaningfully avail himself of the clemency process. 1 The Republic of Botswana ratified the African Charter on 22 July 1986. 2