Gabaakanye (represented by Dingake Law Partners, DITSHW ANELO and REPRIEVE) v Botswana (Communication 600-16 -)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Commission struck out the Communication for want of diligent prosecution. The Complainants were requested on 18 September 2018 to submit arguments on the merits within sixty days and were granted an additional thirty days on 3 February 2021. Despite these extensions, the Complainants failed to submit any evidence or arguments on the merits and did not apply for further extension. The Commission found it had insufficient information to determine the merits and struck out the Communication.

Outcome

Communication struck out without determination on the merits

Facts

Patrick Gabaakanye, a 55-year-old Botswana national, was convicted of murder without extenuating circumstances in February 2014 and sentenced to death by hanging in July 2014. The Court of Appeal dismissed his appeal on 30 July 2015. Gabaakanye sought information about the clemency procedure from the Attorney General, who refused to provide details. He filed a motion in the High Court in September 2015 challenging the lack of established clemency procedures and the constitutionality of execution by hanging. The High Court refused the motion in December 2015. Gabaakanye filed a Communication with the African Commission in February 2016, which was declared admissible in August 2018. The Commission requested submissions on the merits in September 2018 and granted an extension in February 2021, but the Complainants failed to respond.

Issues

1. Whether the Communication should be struck out for want of diligent prosecution following the Complainants' failure to submit arguments on the merits within the stipulated time.

Orders

• Communication struck out for want of diligent prosecution.

Rules and key headnotes

Legislation cited (11)

• African Charter on Human and Peoples' Rights Article 1
• African Charter on Human and Peoples' Rights Article 4
• African Charter on Human and Peoples' Rights Article 5
• African Charter on Human and Peoples' Rights Article 7
• African Charter on Human and Peoples' Rights Article 16
• African Charter on Human and Peoples' Rights Article 18
• Constitution of Botswana s.54(1)
• Constitution of Botswana s.55
• Constitution of Botswana s.55(1)
• Constitution of Botswana s.71
• Penal Code of Botswana s.202

Cases cited (3)

• AFTRADEMOP and Global Welfare Association v Cameroon (Communication 336/2007)
• Law Society of Zimbabwe v Zimbabwe (Communication 321/2006)
• Kizila Watumbulwa v Democratic Republic of the Congo (Communication 285/2004)

The original judgment as reported. Read the original PDF before relying on any passage.