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Botswana Appeals Death Penalty for Citizen Detained in Bangladesh

By Kaila Hall

On May 31, 2024, the Botswana government appealed the death sentence of Lesedi Molapisi, a Motswana woman recently convicted of drug trafficking in Bangladesh. President Mokgweetsi Masisi of Botswana expressed concerns with the sentence and vowed to “do everything [Botswana] can within the law to try and save her life. What is left is an appeal, so [the Botswana government] will facilitate, provide counseling and support to the family.” Although the President spoke out against the sentence, it should be noted that capital punishment remains legal for serious crimes in Botswana,¹ including drug trafficking. Currently, there are 16 inmates on death row in Botswana. Masisi reminded the Batwana people that, “even in our consultation of the constitutional review, Botswana expressed a similar view to the country where she is being sentenced. There are some strong sentiments out there about involvement in the drug trade.”²

In 2022, 30-year-old Lesedi Molapisi was arrested at Hazrat Shahjalal International Airport in Bangladesh after customs agents found her carrying 3.145kg of heroin. She had been traveling on a Qatar Airways flight from South Africa. Following Molapisi’s arrest, President Masisi announced Botswana would provide “some financial support to enable the final appeal” by Amnesty International³. On Monday, May 27, Molapisi was sentenced to death, prompting President Masisi to pledge support⁴ to her family.

Several human rights organizations have condemned the ruling, particularly Amnesty International⁵ which is opposed to the death penalty in any circumstances. It advocates for the abolition of capital punishment for the following reasons:⁶ it is irreversible and mistakes happen, it does not deter crime, it is often used within skewed justice systems, it is discriminatory, and it is used as a political tool. In 2007, Amnesty International⁷ called on the United Nations General Assembly to adopt a resolution “affirming the right to life and stating that abolition of the death penalty is essential for the protection of human rights.” It also called on retentionist countries to “establish a moratorium on executions and to respect international standards that guarantee the protection of the rights of those facing the death penalty.”

Furthermore, other international human rights conventions prohibit capital punishment. These include the Second Optional Protocol to the International Covenant on Civil and Political Rights,⁸ the Protocol to the American Convention on Human Rights,⁹Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms,¹⁰ and Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms.¹¹ In 2015, Amnesty International ratified¹² these four treaties. In 2018, the United Nations General Assembly adopted Resolution 73/175¹³ to call for a moratorium on the use of the death penalty on the grounds that it “contributes to respect for human dignity and to the enhancement and progressive development.”

[1] “Botswana: Executions of Two People Show Contempt for Right to Life under President Masisi’s Government.” Amnesty International, 9 Feb. 2021, www.amnesty.org/en/latest/press-release/2021/02/botswana-executions-of-two-people-show-contempt-for-right-to-life-under-president-masisis-government/.

[2] Ndebele, Lenin. “Pro-Death-Penalty Botswana Appeals Death Penalty for Citizen Busted for Drugs in Bangladesh.” News24, www.news24.com/news24/africa/news/pro-death-penalty-botswana-appeals-death-penalty-for-citizen-busted-for-drugs-in-bangladesh-20240531.

[3] Ramadubu, Dikarabo. “Motswana Woman Sentenced to Death in Bangladesh.” Guardian Sun, 30 May 2024, guardiansun.co.bw/news/motswana-woman-sentenced-to-death-in-bangladesh/news

[4] Mathala, Sharon. “Botswana Pledges Support in Drug Mule’s Death Sentence Appeal.” Mmegi Online, 29 May 2024, www.mmegi.bw/news/botswana-pledges-support-in-drug-mules-death-sentence-appeal/news ‌

[5] Ramadubu, Dikarabo. “Motswana Woman Sentenced to Death in Bangladesh.” Guardian Sun, 30 May 2024, guardiansun.co.bw/news/motswana-woman-sentenced-to-death-in-bangladesh/news

[6] Amnesty International. “Death Penalty.” Amnesty International, 2024, www.amnesty.org/en/what-we-do/death-penalty/

[7] Amnesty International. “Amnesty International.” Amnesty.org, Sept. 2007, www.amnesty.org/en/documents/ACT51/002/2007/en/

[8] United Nations. “Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty.” OHCHR, 15 Dec. 1989, www.ohchr.org/en/instruments-mechanisms/instruments/second-optional-protocol-international-covenant-civil-and

[9] OAS. “OAS – Organization of American States: Democracy for Peace, Security, and Development.” Www.oas.org, 1 Aug. 2009, www.oas.org/en/iachr/mandate/Basics/9.PROTOCOL%20ON%20DEATH%20PENALTY.pdf

[10] Council of Europe. “Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty *.” European Treaty Series – No. 114, 4 Nov. 1950, rm.coe.int/168007952b

[11] Council of Europe. “Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances.” European Treaty Series- No. 187, 3 May 2002, https://rm.coe.int/1680081563

[12] “Death Penalty: Ratification of International Treaties.” Amnesty International, 1 Sep. 2022, www.amnesty.org/en/documents/act50/5722/2022/en/

[13] UNITED NATIONS: GENERAL ASSEMBLY. “Resolution Adopted by the UN General Assembly.” International Journal of Lifelong Education, vol. 12, no. 1, 17 Dec. 2018, https://doi.org/10.1080/0260137930120107. See also UN General Assembly resolutions adopted in 2007 https://documents.un.org/doc/undoc/gen/n07/472/71/pdf/n0747271.pdf?token=ejWjgiDbBePnKoa80q&fe=true, 2008 https://documents.un.org/doc/undoc/gen/n08/480/87/pdf/n0848087.pdf?token=0qp6j7U4LCPILyYZPm&fe=true, 2010 https://documents.un.org/doc/undoc/gen/n10/524/90/pdf/n1052490.pdf?token=RxDROADIhGUVJXVcVe&fe=true, 2012 https://documents.un.org/doc/undoc/gen/n12/489/16/pdf/n1248916.pdf?token=6uyaUtt35TPMNwZznY&fe=true 2014 https://documents.un.org/doc/undoc/gen/n14/708/68/pdf/n1470868.pdf?token=Mof88t8pvhmKw1JSGP&fe=true, and 2016 https://documents.un.org/doc/undoc/gen/n16/454/48/pdf/n1645448.pdf?token=nY3Bbcv0P38kz54jcq&fe=true

On March 21, 2022, U.S. Secretary of State Antony Blinken, speaking at the U.S. Holocaust Memorial Museum in Washington D.C., declared that Myanmar’s military has committed genocide against the Rohingya minority. At present the Holocaust Museum features an exhibition on the atrocities against Burma’s Rohingya population.

Blinken Declaration

According to Blinken, the U.S. has examined evidence showing a clear intent to destroy the Rohingya with reports of killings, mass rape and arson.

Blinken characterized the attacks against Rohingya “widespread and systematic.”

Blinken said the administration’s determination was based on a review by the U.S. State Department of documents collected by organizations like Amnesty International and Human Rights Watch, and independent research by the U.S. government.[1]

Blinken’s declaration marked the eighth time the U.S. has made a formal genocide declaration, committing to supporting international investigations to hold violators accountable and most likely leading to additional sanctions or other penalties to isolate Myanmar’s military-led government.[2]

International Response

In 2019, Gambia, on behalf of the 57-member Organization of Islamic Cooperation, brought a petition against Myanmar at the International Court of Justice , accusing Myanmar of violating the United Nations’ Genocide Convention. In January 2020, the Court ordered the Myanmar government to take all measures to prevent the commission of genocide. On February 28, 2022, the Court announced that the public hearings on the preliminary objections raised by Myanmar in the case were concluded. As a result, the Court has started its deliberations.

In March 2017, the U.N. Human Rights Council started a fact-finding mission to investigate human rights violations committed by Burma’s military against the Rohingya and other ethnic minorities in the country. In September 2018, it released its report. The mission determined that crimes against humanity had been committed in Rakhine, Shan, and Kachin States. It found that there is “sufficient information to warrant the investigation and prosecution” of senior military officials in order to determine their culpability for genocide.

In September 2018, the U.S. State Department issued the findings of a survey.¹¹The survey emphasized the crimes committed in Rakhine State. It showed that the vast majority of Rohingya refugees who fled from Burma to Bangladesh had witnessed extreme forms of violence, and that the Burmese military was identified as the perpetrator in most cases. US officials characterized the violence “ethnic cleansing”.

Blinken said the Biden administration would continue to furnish humanitarian aid to Rohingya refugees, most of whom have fled to neighboring Bangladesh. According to Blinken, the U.S. would send $1 million to a U.N. fact-finding mission that is collecting evidence on the atrocities.[3]

Analysis

Since the alleged atrocities in Myanmar’s Rakhine State peaked in August 2017, the Myanmar’s military and political leaders have not incurred any meaningful consequences.

U.S. government legal experts have examined the status of Rohingya since the Trump administration. The delay in the determination had met with criticism from both inside and outside the government.

The U.S. declaration that a genocide has occurred could result in other countries increasing the pressure on the Myanmar government.[4]

The next issue of the IELR will have a more comprehensive discussion of the genocide declaration.

[1] Myanmar Rohingya violence is genocide, US says, BBC, Mar. 21, 2022.

[2] Lara Jakes, Myanmar’s Military Committed Genocide Against Rohingya, U.S. Says, N.Y. Times, Mar. 21, 2022.

[3] Ben Fox, Secretary of State Antony Blinken says Myanmar repression of Muslim Rohingya is genocide, PBS, Mar. 21, 2022.

[4] Id.

BANGLADESH SENTENCES BOTSWANA DRUG MULE TO DEATH

Biden Administration Declares Myanmar Rohingya Violence Is Genocide

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