94. The Respondent State, on its part, missed the opportunity to challenge the
allegation that no reasonable notice or any notice at all was given of the date and
time of execution of the victim. In that regard, this Commission has in many of its
decisions38 held that facts uncontested by the Respondent State shall be
considered as established. In view of the foregoing, the Commission will
therefore hold this fact as established.
95. In Communication 240/01 Interights et al. (on behalf of Bosch) v. Botswana39,
observed that a justice system must have a human face in matters of execution of
death sentences by affording a condemned person an opportunity to arrange his
affairs, to be visited by members of his intimate family before he dies, and to
receive spiritual advice and comfort to enable him to compose himself, as best as
he can, to face his ultimate ordeal.
96. In that regard, the Commission holds that the failure by the prison authorities of
the Respondent State to inform the family and the lawyers of Mr Ping, of the
date, the hour, the place of the execution as well as the exact place of the burial,
violates article 5 of the African Charter, and by their conduct, have failed to
respect the human dignity of both the family and the prisoner, which further
violates Article 5.
Alleged Violation of Article 1
97. Article 1 of the African Charter requires States Parties to the African Charter to
recognize the rights guaranteed therein and to adopt legislative and other
measures to give effect to these rights, duties and freedoms. The Commission had
decided in several Communications that Article 1 of the African Charter
proclaims a fundamental principle that not only should the States Parties
38
See Communications 25/89, 47/90, 56/91, 100/93; Free Legal Assistance Group et al. V. Zaire
39
Para. 41
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