d.
The Complainants confirm that they have exhausted local remedies. The
execution of their client, Mr Oteng Modisane Ping, on 1 April 2006 was based on
the judgment of the Court of Appeal of Botswana dated 26 January 2006.3 The
Court of Appeal is the highest Judicial Authority in the Country, from which
there are no other avenues of Appeal;
e.
The Communication was submitted to the Commission on 31 March 2006,
that is, 3 months and 5 days after their client’s appeal before the Court of Appeal
was dismissed.
f.
The Communication has not been submitted to any other procedure of
international investigation or settlement.
26. For the reasons stated above, the Complainants submitted that the Commission
should declare the present Communication admissible.
The Respondent State’s Submissions on Admissibility
27. The Respondent State failed to respond to the Commission’s request to make
submissions on the Admissibility of the Communication, within the stipulated time,
despite several reminders.
28.
Therefore, in line with Rule 117(2), the Respondent State had been given the
opportunity to submit its own observations and information on the Admissibility of
the Communication but failed to do so.
The Commission’s Decision on Admissibility
29. Rule 117(1) of the Rules of Procedure of the Commission provides that:
“the Commission...may request the State Party concerned...to submit in writing
additional information or observations relating to the issue of admissibility of the
Communication. The Commission...shall fix a time limit for the submission of the
information or observations to avoid the issue dragging on too long”.
Court of Appeal Criminal Appeal No 045 of 2005, Judgment Oteng Modisane PING v. The State, 26 January
2006
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