recognize the rights, duties and freedoms enshrined in the Charter, they also commit themselves to respect them and to take measures to give effect to them. In other words, if a State Party fails to ensure respect of the rights contained in the African Charter, this constitutes a violation of the African Charter. The Commission held in many cases that a violation of any of the provisions of the Charter automatically means a violation of Article 1.40 In this regard and having found that the Respondent State violated Article 5 of the African Charter, for hanging as a method of execution and also for not affording the victim the opportunity to have a proper closure with his family and to receive spiritual advice and comfort to face his ultimate ordeal, the Commission finds that the Respondent State has violated Article 1 of the African Charter. 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 40 Communications 147/95 and 149/96, Sir Dawda Jawara/The Gambia, as in n 14 above. 31 | P a g e

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