?Death penalty 2014: Alarming rise in death sentences
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As governments resorted to capital punishment to combat crime and terrorism, States used the death penalty in a flawed attempt to tackle crime, terrorism and internal instability.
Amnesty International has observed a sharp spike in death sentences largely due to Egypt and Nigeria – at least 2,466 imposed globally, up 28% on 2013. The organisation says 607 executions recorded, down almost 22% on 2013 (excluding those carried out in China, which executed more than the rest of the world put together), 22 countries known to have executed, the same number as 2013.
An alarming number of countries used the death penalty to tackle real or perceived threats to state security linked to terrorism, crime or internal instability in 2014, Amnesty International found in its annual review of the death penalty worldwide.
The number of death sentences recorded in 2014 jumped by almost 500 compared to 2013, mainly because of sharp spikes in Egypt and Nigeria, including mass sentencing in both countries in the context of internal conflict and political instability. “Governments using the death penalty to tackle crime are deluding themselves.
There is no evidence that shows the threat of execution is more of a deterrent to crime than any other punishment,” said Salil Shetty, Amnesty International’s Secretary General. “The dark trend of governments using the death penalty in a futile attempt to tackle real or imaginary threats to state security and public safety was stark last year.
It is shameful that so many states around the world are essentially playing with people’s lives – putting people to death for ‘terrorism’ or to quell internal instability on the ill-conceived premise of deterrence.” But there was also good news to be found in 2014 – fewer executions were recorded compared to the year before and several countries took positive steps towards abolition of the death penalty.
Top executioners
China again carried out more executions than the rest of the world put together. Amnesty International believes thousands are executed and sentenced to death there every year, but with numbers kept a state secret the true figure is impossible to determine. The other countries making up the world’s top five executioners in 2014 were Iran (289 officially announced and at least 454 more that were not acknowledged by the authorities), Saudi Arabia (at least 90), Iraq (at least 61) and the USA (35). Excluding China, at least 607 executions were known to have been carried out in 2014, compared to 778 in 2013, a drop of more than 20 per cent. Executions were recorded in 22 countries in 2014, the same number as the year before.
This is a significant decrease from 20 years ago in 1995, when Amnesty International recorded executions in 42 countries, highlighting the clear global trend of states moving away from the death penalty. “The numbers speak for themselves – the death penalty is becoming a thing of the past. The few countries that still execute need to take a serious look in the mirror and ask themselves if they want to continue to violate the right to life, or join the vast majority of countries that have abandoned this ultimate cruel and inhuman punishment,” said Salil Shetty.
State security
The disturbing trend of states using the death penalty to combat threats against state security was visible around the world, with China, Pakistan, Iran and Iraq all executing people accused of “terrorism”. Pakistan resumed executions in the wake of the horrific Taliban attack on a Peshawar school. Seven people were executed in December, and the government has said it will put hundreds more convicted on “terrorism”-related charges to death. Executions continued at a high rate in 2015. In China authorities made use of the death penalty as a punitive tool in the “Strike Hard” campaign against unrest in the Xinjiang Uighur Autonomous Region.
Authorities executed at least 21 people during the year related to separate attacks, while three people were condemned to death in a mass sentencing rally conducted in a stadium in front of thousands of spectators. “In a year when abhorrent summary executions by armed groups were branded on the global consciousness like never before, it is appalling that governments are themselves resorting to more executions in a knee-jerk reaction to combat terrorism and crime,” said Salil Shetty. In countries including North Korea, Iran and Saudi Arabia, governments continued to use the death penalty as a tool to suppress political dissent.
Other states made use of executions in similarly flawed attempts to tackle crimes rates. Jordan ended an eight-year moratorium in December, putting eleven murder convicts to death, with the government saying it was a move to end a surge in violent crime. In Indonesia, the government announced plans to execute mainly drug traffickers to tackle a public safety “national emergency” – promises it made good on in 2015.
Spike in death sentences
There was a dramatic rise in the number of death sentences recorded in 2014 compared to the previous year – at least 2,466 compared to 1,925 – a jump of more than a quarter. This was largely due to developments in Nigeria and Egypt, where hundreds of people were sentenced to death. In Nigeria, 659 death sentences were recorded in 2014, a jump of more than 500 compared with the 2013 figure of 141.
Military courts handed down mass death sentences against some 70 soldiers during the year in separate trials. They were convicted of mutiny in the context of the armed conflict with Boko Haram. In Egypt, courts handed down at least 509 death sentences during 2014, 400 more than recorded during the previous year. This included mass death sentences against 37 people in April and 183 people in June following unfair mass trials.
Methods and crimes
Methods of executions in 2014 included beheading, hanging, lethal injection and shooting. Public executions were carried out in Iran and Saudi Arabia. People faced the death penalty for a range of non-lethal crimes including robbery, drug-related crimes and economic offences. People were even sentenced to death for acts such as “adultery”, “blasphemy” or “sorcery”, which should not be considered crimes at all. Many countries used vaguely worded political “crimes” to put real or perceived dissidents to death.
Regional breakdown
THE AMERICAS
The USA continued to be the only country to put people to death in the region, although executions dropped from 39 in 2013 to 35 in 2014 – reflecting a steady decline in the use of the death penalty in the country over the past years. Only seven states executed in 2014 (down from nine in 2013) with four – Texas, Missouri, Florida and Oklahoma –responsible for 89 per cent of all executions. The state of Washington imposed a moratorium on executions in February. The overall number of death sentences decreased from 95 in 2013 to 77 in 2014.
ASIA PACIFIC
The Asia Pacific region saw a mixed bag of death penalty developments in 2014. Executions were recorded in nine countries, one fewer than the year before. Pakistan lifted a moratorium on execution of civilians. Thirty-two executions were recorded in the region, although these numbers do not include China or North Korea, where it was impossible to confirm numbers. Indonesia announced plans to resume executions mainly of drug traffickers in 2015. The Pacific continued to be the world’s only virtually death penalty free zone, although the governments of both Papua New Guinea and Kiribati took steps to resume executions or introduce the death penalty.
SUB-SAHARAN AFRICA
Sub-Saharan Africa saw particular progress in 2014. Fourty-six executions were recorded in three countries compared to 64 executions in five countries in 2013 – a drop of 28 per cent. Only three countries – Equatorial Guinea, Somalia and Sudan – were known to have carried out executions. Madagascar took a progressive step towards abolition when the country’s National Assembly adopted a bill abolishing the death penalty on 10 December, although the bill has to be signed by the country’s president before becoming law.
EUROPE AND CENTRAL ASIA
Belarus – the only country in the region that executes – put at least three people to death during the year, ending a 24-month hiatus on executions. The executions were marked by secrecy, with family members and lawyers only being informed after the fact.
MIDDLE EAST AND NORTH AFRICA
The widespread use of the death penalty in the Middle East and North Africa continued to be extremely troubling. Iran, Iraq and Saudi Arabia accounted for 90 per cent of all recorded executions in the region, and 72 per cent of all recorded executions globally (excluding China). In 2014 executions were recorded in eight countries, two more than in 2013. Sixteen countries imposed death sentences – a large majority of countries in the region.
The overall number of executions recorded in the MENA region dropped from 638 in 2013 to 491 last year. These figures do not include hundreds of executions that are known to have occurred in Iran but which were not officially announced. In 2014 the Iranian authorities acknowledged 289 executions, however reliable sources reported another 454 executions – bringing the total to 743.
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BPC Signs PPA with Sekaname Energy
The Botswana Power Corporation (BPC) has taken a significant step towards diversifying its energy mix by signing a power purchase agreement with Sekaname Energy for the production of power from coal bed methane in Mmashoro village. This agreement marks a major milestone for the energy sector in Botswana as the country transitions from a coal-fired power generation system to a new energy mix comprising coal, gas, solar, and wind.
The CEO of BPC, David Kgoboko, explained that the Power Purchase Agreement is for a 6MW coal bed methane proof of concept project to be developed around Mmashoro village. This project aligns with BPC’s strategic initiatives to increase the proportion of low-carbon power generation sources and renewable energy in the energy mix. The use of coal bed methane for power generation is an exciting development as it provides a hybrid solution with non-dispatchable sources of generation like solar PV. Without flexible base-load generation, the deployment of non-dispatchable solar PV generation would be limited.
Kgoboko emphasized that BPC is committed to enabling the development of a gas supply industry in Botswana. Sekaname Energy, along with other players in the coal bed methane exploration business, is a key and strategic partner for BPC. The successful development of a gas supply industry will enable the realization of a secure and sustainable energy mix for the country.
The Minister of Minerals & Energy, Lefoko Moagi, expressed his support for the initiative by the private sector to develop a gas industry in Botswana. The country has abundant coal reserves, and the government fully supports the commercial extraction of coal bed methane gas for power generation. The government guarantees that BPC will purchase the generated electricity at reasonable tariffs, providing cash flow to the developers and enabling them to raise equity and debt funding for gas extraction development.
Moagi highlighted the benefits of developing a gas supply industry, including diversified primary energy sources, economic diversification, import substitution, and employment creation. He commended Sekaname Energy for undertaking a pilot project to prove the commercial viability of extracting coal bed methane for power generation. If successful, this initiative would unlock the potential of a gas production industry in Botswana.
Sekaname Energy CEO, Peter Mmusi, emphasized the multiple uses of natural gas and its potential to uplift Botswana’s economy. In addition to power generation, natural gas can be used for gas-to-liquids, compressed natural gas, and fertilizer production. Mmusi revealed that Sekaname has already invested $57 million in exploration and infrastructure throughout its resource area. The company plans to spend another $10-15 million for the initial 6MW project and aims to invest over $500 million in the future for a 90MW power plant. Sekaname’s goal is to assist BPC in becoming a net exporter of power within the region and to contribute to Botswana’s transition to cleaner energy production.
In conclusion, the power purchase agreement between BPC and Sekaname Energy for the production of power from coal bed methane in Mmashoro village is a significant step towards diversifying Botswana’s energy mix. This project aligns with BPC’s strategic initiatives to increase the proportion of low-carbon power generation sources and renewable energy. The government’s support for the development of a gas supply industry and the commercial extraction of coal bed methane will bring numerous benefits to the country, including economic diversification, import substitution, and employment creation. With the potential to become a net exporter of power and a cleaner energy producer, Botswana is poised to make significant strides in its energy sector.
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UDC deadlock: Boko, Ndaba, Reatile meet
It is not clear as to when, but before taking a festive break in few weeks’ time UDC leaders would have convened to address the ongoing deadlock surrounding constituency allocation in the negotiations for the 2024 elections. The leaders, Duma Boko of the UDC, Mephato Reggie Reatile of the BPF, and Ndaba Gaolathe of the AP, are expected to meet and discuss critical matters and engage in dialogue regarding the contested constituencies.
The negotiations hit a stalemate when it came to allocating constituencies, prompting the need for the leaders to intervene. Representatives from the UDC, AP, and BPF were tasked with negotiating the allocation, with Dr. Patrick Molotsi and Dr. Philip Bulawa representing the UDC, and Dr. Phenyo Butale and Wynter Mmolotsi representing the AP.
The leaders’ meeting is crucial in resolving the contentious issue of constituency allocation, which has caused tension among UDC members and potential candidates for the 2024 elections. After reaching an agreement, the leaders will engage with the members of each constituency to gauge their opinions and ensure that the decisions made are favored by the rank and file. This approach aims to avoid unnecessary costs and conflicts during the general elections.
One of the main points of contention is the allocation of Molepolole South, which the BNF is adamant about obtaining. In the 2019 elections, the UDC was the runner-up in Molepolole South, securing the second position in seven out of eight wards. Other contested constituencies include Metsimotlhabe, Kgatleng East and West, Mmadinare, Francistown East, Shashe West, Boteti East, and Lerala Maunatlala.
The criteria used for constituency allocation have also become a point of dispute among the UDC member parties. The issue of incumbency is particularly contentious, as the criterion for constituency allocation suggests that current holders of UDC’s council and parliamentary seats should be given priority for re-election without undergoing primary elections. Disadvantaged parties argue that this approach limits democratic competition and hinders the emergence of potentially more capable candidates.
Another disputed criterion is the allocation based on the strength and popularity of a party in specific areas. Parties argue that this is a subjective criterion that leads to disputes and favoritism, as clear metrics for strength and visibility cannot be defined. The BNF, in particular, questions the demands of the new entrants, the BPF and AP, as they lack a traceable track record to support their high expectations.
The unity and cohesion of the UDC are at stake, with the BPF and AP expressing dissatisfaction and considering withdrawing from the negotiations. Therefore, it is crucial for the leaders to expedite their meeting and find a resolution to these disputes.
In the midst of these negotiations, the BNF has already secured 15 constituencies within the UDC coalition. While the negotiations are still ongoing, BNF Chairman Dr. Molotsi revealed that they have traditionally held these constituencies and are expecting to add more to their tally. The constituencies include Gantsi North, Gantsi South, Kgalagadi North, Kgalagadi South, Good Hope – Mmathethe, Kanye North, Kanye South, Lobatse, Molepolole North, Gaborone South, Gaborone North, Gaborone Bonnignton North, Takatokwane, Letlhakeng, and Tlokweng.
The resolution of the contested constituencies will test the ability of the UDC to present a united front in the 2024 National Elections will depend on the decisions made by the three leaders. It is essential for them to demonstrate maturity and astuteness in resolving the constituency allocation deadlock and ensuring the cohesion of the UDC.
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Repeat flight-risk suspect pays the piper
In Botswana, the Constitution Section 5 (3) (b) provides that conditions of bail are necessary to ensure that an accused appears at a later date for trial or for proceedings preliminary to trial. These conditions may include restrictions on interfering with state witnesses, the payment of a certain amount, the provision of sureties, the submission of travel documents, reporting to the police regularly, and appearing for all court mentions or proceedings. Failure to abide by these conditions can result in the revocation of bail. Robert Seditseng, a murder accused who has been detained since 2016, is currently facing the consequences of not adhering to his bail conditions – therefore paying the piper.
Despite numerous unsuccessful bail applications over the past five years, Gaborone High Court judge Michael Leburu denied Seditseng bail this week. Seditseng had requested to be set free before his trial starts on April 12th, but his freedom will now depend on the verdict. He is charged with the murder of his girlfriend, Siscah Mutukee, on June 22nd, 2016, in Charleshill.
Judge Leburu ruled that Seditseng is not a candidate for bail due to being a flight risk, as he has previously absconded from court. Defense lawyer David Ndlovu pleaded with the court to consider the time Seditseng has already spent in prison, but Leburu questioned whether there was any guarantee that Seditseng would not abscond again, given that he had done so twice before.
An affidavit from Investigations officer (IO), Constable Kedibonye Botsalo, supports the view that Seditseng is not a suitable candidate for bail due to his tendency to abscond when granted bail. The affidavit explains that Seditseng was initially denied bail by the magistrate court due to ongoing investigations and the possibility of tampering with evidence. However, a concession was later made by the prosecution, and Seditseng was granted conditional bail by the lower court.
The court documents reveal that Seditseng failed to appear before court on March 7th, 2016, without providing any explanation. As a result, a warrant for his arrest was issued. The case proceeded without him on several occasions until he finally appeared before court on July 13th, 2017. On that day, Seditseng’s bail was revoked due to his inability to provide valid reasons for his absences.
On October 4th, 2017, Seditseng was granted bail for the second time. However, he was once again absent from court on October 31st, 2017, without providing any reasons. He continued to be absent from court on five subsequent occasions until his arrest and appearance before court on August 30th, 2018.
During a period of nine months, Seditseng absconded from court without providing any reasons for his actions. This repeated pattern of absconding demonstrates a clear disregard for the bail conditions and raises concerns about his willingness to appear for trial.
Given Seditseng’s history of absconding and the potential risk of him doing so again, Judge Leburu’s decision to deny him bail is justified. The purpose of bail is to ensure the accused’s presence at trial, and Seditseng has repeatedly shown a lack of commitment to fulfilling this obligation. It is crucial to prioritize the safety of the community and the integrity of the justice system by keeping flight-risk suspects like Seditseng in custody until their trial is concluded.
In conclusion, the denial of bail to repeat flight-risk suspect Robert Seditseng is a necessary measure to ensure his appearance at trial. His history of absconding from court and failure to provide valid reasons for his actions demonstrate a disregard for the bail conditions and raise concerns about his willingness to face justice. By denying him bail, the court is prioritizing the safety of the community and upholding the integrity of the justice system.