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.
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