News / Africa
Families seek access to graves of executed
08 Jun 2016 at 07:00hrs | Views
Around 20 families of prisoners executed by the state have expressed a strong wish to at least have access to their executed family members' graves.
Mmegi reported that although this may sound culturally and emotionally sound, their wish may to some extent be considered a breach of the law that governs Botswana's secretive execution process.
Botswana Institute of Rehabilitation and Reintergration of Offenders (BIRRO), who are playing the facilitation role, has sent a letter dated May 31, 2016 to President Ian Khama calling him to look into the issue, Mmegi can reveal. The BIRRO director, Mothei Sejakgomo confirmed the letter leaked to Mmegi but could not discuss the contents of the letter as it is for the President and not the media.
Pressed further Sejakgomo confirmed that several families have asked them to facilitate the process for them to at least see their executed relatives' graves for closure.
The letter, also copied to the Attorney General and Commissioner of Prisons says: "As BIRRO we will feel more blessed if His Excellency can use his power to arrange for those who lost their loved ones through the death penalty to be allowed to see the graves of their sons, daughters, fathers, mothers among others."
It further says: "We believe that this will be an important initiative as we are looking forward to Botswana golden jubilee." Sejakgomo argued that this decision will bring closure to the families. It made much emphasis on the importance of such an undertaking giving more reference to Botswana's culture and giving their last respect to the dead as ancestors.
"It will be a greater move forward for both the government and the victims and it will also assure them that their beloved ones are indeed in their rightful place of rest. In this way they will give up and help in building and taking Botswana a step forward," the letter continues. According to the correspondence this move is crucial in the sense that those who lost their loved ones will make peace with this heartbreaking situation and understand that their loved ones are no more.
The letter further requested Khama to pardon the prisoners serving life sentences who have already served over 20 years. They want the same to be extended to prisoners held at the President's pleasure.
The highly divisive and secretive execution process traditionally excludes the families from being part of the process and keeps them in the dark until the execution has taken place.
Customarily the lawyers and the prisoner's family are neither informed of the decision on clemency nor of the imminence of the execution. According to the Prisons Act, "no person other than the minister, a prison officer, the medical officer or other medical practitioner in his place, a minister of religion or other person authorised by the Commissioner shall have access to a prisoner under sentence of death provided that such prisoner may, subject to any reasonable conditions the Commissioner may impose, be visited by his legal advisers and such of his relatives and friends as he may". However in practice the family and the lawyer are never informed or allowed to see the prisoner before his execution.
Alice Mogwe, the director of Ditshwanelo said on Friday March 31, 2006, the day before the execution of Modisane Ping, she accompanied his mother to visit him. The prison authorities denied them access to the prisoner and asked his mother to return on Monday as it was not possible for her to see him at the time.
Mogwe said at that time however, the officers they met knew
very well of the death warrant and failed to tell his mother that he would be no more the following day. Ping's family, Mogwe and his lawyer Tiro Mothusi eventually heard about the execution of Ping over the radio.
The International Federation for Human Rights back then remarked that the failure to inform the family of the date of execution and the refusal to give the family access to the prisoner may result in inhuman and degrading treatment or punishment for both the prisoner and his/her family which is not authorised to see the grave, the burial being held inside the prison. The Office of the President could not respond to Mmegi enquiries at the time of going to press.
A renowed and highly experienced counsellor, Ntombi Setshwaelo is of the view that it neither makes sense nor serves any purpose for the bereaved and further punish those who are already lifeless by holding them hostage in their graves.
Setshwaelo said the issue is sensitive and needs to be looked at from both sides.
"Before airing my views on the matter, please allow me to declare my heartfelt sorrow for the relatives and friends who have tragically lost their loved ones through the murderous acts of the malefactors who lie in these graves. Also, like most of us, I tend to react with antagonistic feelings towards the perpetrators who, not only brutally rob others of their precious lives, but cause deep inner pain and lifetime scars for the bereaved family and friends left behind," she said.
She continued that her heart goes out to those closely related to the executed felons because, much as they themselves are innocent, cannot escape suffering unbearable shame, disgrace, guilt and stigma brought upon them by the evil deeds committed by one of their very own.
"I'm referring here to the mothers, fathers, children, siblings, grandparents and blood relatives of the dishonourable family member," Setshwaelo stated.
According to Setshwaelo, it should also not be forgotten that these kinsfolk, while themselves repulsed by their rogue relatives' actions could, naturally, not help grieving the loss of one they had loved and expected the best from.
"Surely then, they deserve to be regarded and treated with empathy and kindness by us as compassionate fellow human beings, which includes those tasked with the responsibility of making decisions on this particular matter, otherwise they also will suffer a slow excruciating death psychologically, emotionally, spiritually and even physically, through stress related ailments," she said.
In considering the matter, therefore, Setshwaelo advises that the relevant authorities could do well to realise that first, it neither makes sense nor serves any purpose to further punish those who are already lifeless by holding them hostage in their graves, so to speak.
"Of more concern though, is punishment of the blameless who, it would seem, are being persecuted for the heinous crimes they themselves neither condone nor had any control over or any say or hand in it," she said.
She concluded by saying this issue is a test on us as a society, given our beliefs in the ethos of botho that are echoed by the call on us by Vision 2016 - to be a compassionate and caring nation.
Mmegi reported that although this may sound culturally and emotionally sound, their wish may to some extent be considered a breach of the law that governs Botswana's secretive execution process.
Botswana Institute of Rehabilitation and Reintergration of Offenders (BIRRO), who are playing the facilitation role, has sent a letter dated May 31, 2016 to President Ian Khama calling him to look into the issue, Mmegi can reveal. The BIRRO director, Mothei Sejakgomo confirmed the letter leaked to Mmegi but could not discuss the contents of the letter as it is for the President and not the media.
Pressed further Sejakgomo confirmed that several families have asked them to facilitate the process for them to at least see their executed relatives' graves for closure.
The letter, also copied to the Attorney General and Commissioner of Prisons says: "As BIRRO we will feel more blessed if His Excellency can use his power to arrange for those who lost their loved ones through the death penalty to be allowed to see the graves of their sons, daughters, fathers, mothers among others."
It further says: "We believe that this will be an important initiative as we are looking forward to Botswana golden jubilee." Sejakgomo argued that this decision will bring closure to the families. It made much emphasis on the importance of such an undertaking giving more reference to Botswana's culture and giving their last respect to the dead as ancestors.
"It will be a greater move forward for both the government and the victims and it will also assure them that their beloved ones are indeed in their rightful place of rest. In this way they will give up and help in building and taking Botswana a step forward," the letter continues. According to the correspondence this move is crucial in the sense that those who lost their loved ones will make peace with this heartbreaking situation and understand that their loved ones are no more.
The letter further requested Khama to pardon the prisoners serving life sentences who have already served over 20 years. They want the same to be extended to prisoners held at the President's pleasure.
The highly divisive and secretive execution process traditionally excludes the families from being part of the process and keeps them in the dark until the execution has taken place.
Customarily the lawyers and the prisoner's family are neither informed of the decision on clemency nor of the imminence of the execution. According to the Prisons Act, "no person other than the minister, a prison officer, the medical officer or other medical practitioner in his place, a minister of religion or other person authorised by the Commissioner shall have access to a prisoner under sentence of death provided that such prisoner may, subject to any reasonable conditions the Commissioner may impose, be visited by his legal advisers and such of his relatives and friends as he may". However in practice the family and the lawyer are never informed or allowed to see the prisoner before his execution.
Alice Mogwe, the director of Ditshwanelo said on Friday March 31, 2006, the day before the execution of Modisane Ping, she accompanied his mother to visit him. The prison authorities denied them access to the prisoner and asked his mother to return on Monday as it was not possible for her to see him at the time.
Mogwe said at that time however, the officers they met knew
very well of the death warrant and failed to tell his mother that he would be no more the following day. Ping's family, Mogwe and his lawyer Tiro Mothusi eventually heard about the execution of Ping over the radio.
The International Federation for Human Rights back then remarked that the failure to inform the family of the date of execution and the refusal to give the family access to the prisoner may result in inhuman and degrading treatment or punishment for both the prisoner and his/her family which is not authorised to see the grave, the burial being held inside the prison. The Office of the President could not respond to Mmegi enquiries at the time of going to press.
A renowed and highly experienced counsellor, Ntombi Setshwaelo is of the view that it neither makes sense nor serves any purpose for the bereaved and further punish those who are already lifeless by holding them hostage in their graves.
Setshwaelo said the issue is sensitive and needs to be looked at from both sides.
"Before airing my views on the matter, please allow me to declare my heartfelt sorrow for the relatives and friends who have tragically lost their loved ones through the murderous acts of the malefactors who lie in these graves. Also, like most of us, I tend to react with antagonistic feelings towards the perpetrators who, not only brutally rob others of their precious lives, but cause deep inner pain and lifetime scars for the bereaved family and friends left behind," she said.
She continued that her heart goes out to those closely related to the executed felons because, much as they themselves are innocent, cannot escape suffering unbearable shame, disgrace, guilt and stigma brought upon them by the evil deeds committed by one of their very own.
"I'm referring here to the mothers, fathers, children, siblings, grandparents and blood relatives of the dishonourable family member," Setshwaelo stated.
According to Setshwaelo, it should also not be forgotten that these kinsfolk, while themselves repulsed by their rogue relatives' actions could, naturally, not help grieving the loss of one they had loved and expected the best from.
"Surely then, they deserve to be regarded and treated with empathy and kindness by us as compassionate fellow human beings, which includes those tasked with the responsibility of making decisions on this particular matter, otherwise they also will suffer a slow excruciating death psychologically, emotionally, spiritually and even physically, through stress related ailments," she said.
In considering the matter, therefore, Setshwaelo advises that the relevant authorities could do well to realise that first, it neither makes sense nor serves any purpose to further punish those who are already lifeless by holding them hostage in their graves, so to speak.
"Of more concern though, is punishment of the blameless who, it would seem, are being persecuted for the heinous crimes they themselves neither condone nor had any control over or any say or hand in it," she said.
She concluded by saying this issue is a test on us as a society, given our beliefs in the ethos of botho that are echoed by the call on us by Vision 2016 - to be a compassionate and caring nation.
Source - Mmegi
