Decision of the African Commission on the Substantive Claim 151. By this Communication, the African Commission has been invited to determine whether or not the compulsory requirement under Botswana law for the courts to impose the death penalty for murder, where no extenuating circumstances are shown; the adoption of the doctrine of “functus officio”43 by the Court of Appeal of the Respondent State with regards to the trial of Kobedi; AC HP R and the use of hanging as a method of execution of Kobedi, constitutes a violation of Articles 2,3,4,5 and 7 of the African Charter. Allege Violation of Articles 2 and 3. Article 2 of the African Charter provides: 152. “Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status” Article 3 1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law. 153. Articles 2 and 3 of the African Charter, basically forms the anti-discriminatory and equal protection provisions of the African Charter. Whilst Article 2 lays down a principle that is necessary for eradicating discrimination in all its guises, Article 3 is important because it guarantees fair and just treatment of individuals within the legal system of a given country. 43 The Doctrine of functus officio is dealt with more detaily under the Section dealing with the allege violation of article 7. 41