Will Botswana be the next country to abolish the death penalty?

Posted by Sheila Michell, Guest Blogger from the UK on April 21st, 2011

Botswana is a progressive and successful African country, the world's third largest producer of diamonds and the setting of the popular novels and television series " The No 1 Ladies' Detective Agency" and its leading character, the redoubtable Mma Precious Remotswe. But unfortunately, like many US states, it still has the death penalty. However if the country's primary political opposition leader has his way, the country may soon become one of the three countries each year that get rid of the death penalty.

Duma Boko is both the leader of the Botswana National Front Party, the opposition party to the current government, and a prominent death penalty defense attorney. His client, Brandon Sampson, faces execution in July 2011. It should come as no surprise that Boko is also an outspoken supporter of abolishing the death penalty. In a recent interview with IPS ('It Cheapens Human Life', Inter Press Service, April 13, 2011 ) Boko explained his reasons for opposing the death penalty, fundamental reasons which have significance to every country which still employs capital punishment.

His first reason is the most basic: the irrevocability of the death sentence.

Secondly, Boko tackled the myth that the death penalty provides closure for the victims, "I don't think it makes them feel better. No one has done that study here to establish that it does." (I would like to direct Mr. Boko to the recent study by two sociologists from Kentucky which confirms his point by showing that executions fail to bring closure for victims' families: http://wcr.sonoma.edu/v12n1/Mowen.pdf.)

"What I think it does is that it cheapens human life," Mr Boko continued. And went on to make his third point: "The society that celebrates death by the state is an immature society. If we think our people are that immature, we need either to educate them or to establish if indeed they are.

"Because you may find that they are far from being that immature. It is the state that is immature in this regard and the legal system that forces judges and the state to be that immature." I think Mr Boko is advocating that the state should take the moral high ground in this issue and not just satisfy popular demand for the death penalty, which is found in many countries worldwide irrespective of whether or not they have capital punishment.

Finally, Duma Boko pointed out another common failure of the death penalty: under-resourced defense lawyers. He explained that the state prosecution had "all the facilities", whereas the defense depended largely on the commitment of individual lawyers who did not enjoy the same facilities as the prosecution. "There is no equality of arms, if you will, when the attorney representing the accused person does not have the same resources as the state. That is basically violating the constitution and that violation must itself vitiate the imposition of the death penalty on an individual. So it is a real challenge."

Needless to say, if Duma Boko were to become President of Botswana, he is committed to seeking a moratorium on executions or outright repeal of the death penalty: "…when I am at the helm of that government, I will not sign anybody's death warrant whether the law says so or not."

I hope that Duma Boko's appeal on behalf of Brandon Sampson is successful, but even more than that; I hope he is able to lead Botswana's efforts to end the death penalty in the near future.

And perhaps the question of capital punishment could be considered by Mma Precious Remotswe in some future volume of that famous detective agency?





Posted in Blog, International


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