Botswana - Revision history

IBJadmin: /* References */

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References

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	==References==		==References==
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	<references/>		<references/>

IBJadmin: /* 1.1 Summary of the context */

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1.1 Summary of the context

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	Botswana is a former British protectorate (previously known as Bechuanaland). It gained independence in 1966 under the name Botswana. Since its independence, the ruling Botswana Democratic Party has won every election and the country has one of the most stable economies in Africa. Botswana is bordered by South Africa, Namibia, Zambia and Zimbabwe and is home to over 1.5 million people. At 600 370km (231,788 miles) Botswana is a similar size to Madagascar ~~and is just~~ slightly smaller than Texas and only slightly larger than France. The currency in Botswana is known as the ''Pula''. ~~Because of~~ the strong economy and political stability, the country has attracted skilled workers and small numbers of refugees from its neighboring countries.		Botswana is a former British protectorate (previously known as Bechuanaland). It gained independence in 1966 under the name Botswana. Since its independence, the ruling Botswana Democratic Party has won every election and the country has one of the most stable economies in Africa. Botswana is bordered by South Africa, Namibia, Zambia and Zimbabwe and it s home to over 1.5 million people. At 600 370km (231,788 miles) Botswana has a similar size to Madagascar, being slightly smaller than Texas and only slightly larger than France. The currency in Botswana is known as the ''Pula''. Due to the strong economy and political stability, the country has attracted skilled workers and small numbers of refugees from its neighboring countries.

	Most of the population enjoy a high standard of living and Botswana has maintained one of the world's highest economic growth rates since 1966. Botswana boasts a GDP (purchasing power parity) per capita of about $18,825 per year as of 2015, which is one of the highest in Africa.[9] Its high gross national income (by some estimates the fourth-largest in Africa) gives the country a relatively high standard of living and the highest Human Development Index of continental Sub-Saharan Africa.<ref>Gross national income (GNI) – Nations Online Project</ref>

	~~Despite a Botswana a high HIV/AIDS prevalence rate the country is also known for having one of the most progressive and comprehensive prevention and management programs for dealing with the disease~~.

			Most of the population enjoys a high standard of living and Botswana has maintained one of the world's highest economic growth rates since 1966. It boasts a GDP (purchasing power parity) per capita of about $18,825 per year as of 2015, which is one of the highest in Africa.[9] Its high Gross National Income (estimated as the fourth-largest in Africa) gives the country the highest Human Development Index of continental Sub-Saharan Africa.<ref>Gross national income (GNI) – Nations Online Project</ref>

			Despite the fact that Botswana has a high HIV/AIDS prevalence rate, the country is also known for having one of the most progressive and comprehensive prevention and management programs for dealing with the diseases.

	===1.2 Religions, languages and minorities===		===1.2 Religions, languages and minorities===

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5.3 Arrest

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	There is protection of any individual’s civil rights in respect of a wrongful or malicious arrest.<ref>Section 50, Police Force Act, 1979</ref> in terms of the Police Force Act as well as the ~~constitution~~: Section 5(4) of the ~~constitution states~~:		There is protection of any individual’s civil rights in respect of a wrongful or malicious arrest.<ref>Section 50, Police Force Act, 1979</ref> In terms of the Police Force Act as well as the Constitution: Section 5(4) it is stated the following:

IBJadmin: /* 5.3 Arrest */

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5.3 Arrest

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	Peace officers and/or private persons so authorized can use force against offenders if they resist arrest. Force should be appropriate to the threat and reasonable in the particular circumstances necessary to apprehend the offender.<ref>Section 47, Police Force Act, 1979</ref> This is also reiterated in section 17 of the Botswana Penal Code:		Peace officers and/or private persons so authorized can use force against offenders if they resist arrest. Force should be appropriate to the threat and reasonable in the particular circumstances necessary to apprehend the offender.<ref>Section 47, Police Force Act, 1979</ref> This is also reiterated in section 17 of the Botswana Penal Code:


	''“Where any person is charged with a criminal offence arising out of the lawful arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary, or the degree of force used was reasonable, for the apprehension of such person, have regard to the gravity of the offence which had been or was being committed by such person and the circumstances in which such offence had been or was being committed by such person.”''		''“Where any person is charged with a criminal offence arising out of the lawful arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary, or the degree of force used was reasonable, for the apprehension of such person, have regard to the gravity of the offence which had been or was being committed by such person and the circumstances in which such offence had been or was being committed by such person.”''


	There is protection of any individual’s civil rights in respect of a wrongful or malicious arrest.<ref>Section 50, Police Force Act, 1979</ref> in terms of the Police Force Act as well as the constitution: Section 5(4) of the constitution states:		There is protection of any individual’s civil rights in respect of a wrongful or malicious arrest.<ref>Section 50, Police Force Act, 1979</ref> in terms of the Police Force Act as well as the constitution: Section 5(4) of the constitution states:


	''“Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.”''		''“Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.”''


	Suspects must be informed of their rights upon arrest, including the right to remain silent, and must be charged before a magistrate within 48 hours.<ref>Section 109, Police Force Act, 1979</ref>		Suspects must be informed of their rights upon arrest, including the right to remain silent, and must be charged before a magistrate within 48 hours.<ref>Section 109, Police Force Act, 1979</ref>

IBJadmin: /* 2.2 Administration of Justice and court structure */

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2.2 Administration of Justice and court structure

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	'''<u>Court of Appeal</u>''' - The highest and final court in the country. The Court is the final forum for all legal matters. There are eight expatriate Judges of the Court of Appeal, drawn from different parts of the Commonwealth.<ref>Botswana Administration of Justice, http://www.gov.bw/en/Ministries--Authorities/Ministries/Administration-of-Justice-AOJ/</ref>		'''<u>Court of Appeal</u>''' - The highest and final court in the country. The Court is the final forum for all legal matters. There are eight expatriate Judges of the Court of Appeal, drawn from different parts of the Commonwealth.<ref>Botswana Administration of Justice, http://www.gov.bw/en/Ministries--Authorities/Ministries/Administration-of-Justice-AOJ/</ref>


	'''<u>High Court</u>''' - A superior court of record with unlimited original jurisdiction to hear and determine any criminal and civil cases under any law. Out of the 16 permanent judges, only one is expatriate.<ref>Botswana Administration of Justice, http://www.gov.bw/en/Ministries--Authorities/Ministries/Administration-of-Justice-AOJ/</ref>		'''<u>High Court</u>''' - A superior court of record with unlimited original jurisdiction to hear and determine any criminal and civil cases under any law. Out of the 16 permanent judges, only one is expatriate.<ref>Botswana Administration of Justice, http://www.gov.bw/en/Ministries--Authorities/Ministries/Administration-of-Justice-AOJ/</ref>


	'''<u>Magistrate Courts</u>''' - Magistrates courts are created by statute as subordinate courts. They are subordinate to the High Court. Unlike the High Court, Magistrates Courts are not created by the Constitution. These courts handle the following matters in general: Family related cases such as paternity and maintenance orders; Adoption of children; Restraining orders in domestic violence cases; Civil suits; motions and criminal trials.<ref>Botswana Administration of Justice, http://www.gov.bw/en/Ministries--Authorities/Ministries/Administration-of-Justice-AOJ/</ref> Where a magistrate's court convicts an accused (who is not less than 17 years of age) and the court is of the opinion that greater punishment should be inflicted for the offense than it has power to inflict, the court may remand the matter to the High Court for sentence.<ref>. Section 295, Criminal Procedure and Evidence, Chapter 08:02</ref>		'''<u>Magistrate Courts</u>''' - Magistrates courts are created by statute as subordinate courts. They are subordinate to the High Court. Unlike the High Court, Magistrates Courts are not created by the Constitution. These courts handle the following matters in general: Family related cases such as paternity and maintenance orders; Adoption of children; Restraining orders in domestic violence cases; Civil suits; motions and criminal trials.<ref>Botswana Administration of Justice, http://www.gov.bw/en/Ministries--Authorities/Ministries/Administration-of-Justice-AOJ/</ref> Where a magistrate's court convicts an accused (who is not less than 17 years of age) and the court is of the opinion that greater punishment should be inflicted for the offense than it has power to inflict, the court may remand the matter to the High Court for sentence.<ref>. Section 295, Criminal Procedure and Evidence, Chapter 08:02</ref>
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	''“In criminal cases a magistrate court may, with the consent of the prosecutor, promote reconciliation, and encourage and facilitate the settlement, in an amicable way, of proceedings for assault or any other offence of a personal or private nature not aggravated in degree, on terms of payment of compensation or other terms approved by such court, and may, thereupon order the proceedings to be stayed”.''		''“In criminal cases a magistrate court may, with the consent of the prosecutor, promote reconciliation, and encourage and facilitate the settlement, in an amicable way, of proceedings for assault or any other offence of a personal or private nature not aggravated in degree, on terms of payment of compensation or other terms approved by such court, and may, thereupon order the proceedings to be stayed”.''


	'''<u>Customary Courts</u>''' – These courts primarily determine matters of a customary nature such as the status of widows, child custody and inheritance and generally reflect the traditions and attitudes of the local community. Matters are usually heard by the local chief or the presiding officer. These courts have have both civil and criminal jurisdiction.		'''<u>Customary Courts</u>''' – These courts primarily determine matters of a customary nature such as the status of widows, child custody and inheritance and generally reflect the traditions and attitudes of the local community. Matters are usually heard by the local chief or the presiding officer. These courts have have both civil and criminal jurisdiction.

IBJadmin: /* 10. Rights in prison */

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10. Rights in prison

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	==10. Rights in prison==		==10. Rights in prison==
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	===10.1 Conditions of Confinement===		===10.1 Conditions of Confinement===


	Any person in charge of, or any officer, medical officer, nurse, attended, servant or other person employed or performing duties at a place of safe custody who ill-treats or willfully neglects any person confined under the provision is guilty of an offense.<ref>Section 182, Criminal Procedure and Evidence, Chapter 08:02</ref> Botswana has 22 prisons and two detention centers for immigrants which have poor conditions and overcrowding.<ref>US State department Report, 2014</ref> Overcrowding, which was worse in men's prisons, constituted a serious health threat due to the high incidence of HIV/AIDS and tuberculosis. Rape of inmates by inmates occurred.		Any person in charge of, or any officer, medical officer, nurse, attended, servant or other person employed or performing duties at a place of safe custody who ill-treats or willfully neglects any person confined under the provision is guilty of an offense.<ref>Section 182, Criminal Procedure and Evidence, Chapter 08:02</ref> Botswana has 22 prisons and two detention centers for immigrants which have poor conditions and overcrowding.<ref>US State department Report, 2014</ref> Overcrowding, which was worse in men's prisons, constituted a serious health threat due to the high incidence of HIV/AIDS and tuberculosis. Rape of inmates by inmates occurred.

	===10.2 Medical Care===		===10.2 Medical Care===


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	===10.3 Mental health care===		===10.3 Mental health care===


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	===10.4 Women’s rights===		===10.4 Women’s rights===

IBJadmin: /* 10.1 Conditions of Confinement */

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10.1 Conditions of Confinement

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	Any person in charge of, or any officer, medical officer, nurse, attended, servant or other person employed or performing duties at a place of safe custody who ill-treats or willfully neglects any person confined under the provision is guilty of an offense.<ref>Section 182, Criminal Procedure and Evidence, Chapter 08:02</ref> Botswana has 22 prisons and two detention centers for immigrants which have poor conditions and overcrowding.<ref>US State department Report, 2014</ref> Overcrowding, which was worse in men's prisons, constituted a serious health threat due to the high incidence of HIV/AIDS and tuberculosis. Rape of inmates by inmates occurred.		Any person in charge of, or any officer, medical officer, nurse, attended, servant or other person employed or performing duties at a place of safe custody who ill-treats or willfully neglects any person confined under the provision is guilty of an offense.<ref>Section 182, Criminal Procedure and Evidence, Chapter 08:02</ref> Botswana has 22 prisons and two detention centers for immigrants which have poor conditions and overcrowding.<ref>US State department Report, 2014</ref> Overcrowding, which was worse in men's prisons, constituted a serious health threat due to the high incidence of HIV/AIDS and tuberculosis. Rape of inmates by inmates occurred.


	===10.2 Medical Care===		===10.2 Medical Care===

IBJadmin: /* 10. Rights in prison */

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10. Rights in prison

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	==10. Rights in prison==		==10. Rights in prison==
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	===10.1 Conditions of Confinement===		===10.1 Conditions of Confinement===


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	===10.2 Medical Care===		===10.2 Medical Care===


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	===10.3 Mental health care===		===10.3 Mental health care===


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	===10.4 Women’s rights===		===10.4 Women’s rights===

IBJadmin: /* 6.1 Criminal Law System */

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6.1 Criminal Law System

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	===6.1 Criminal Law System===		===6.1 Criminal Law System===
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	<u>(6.1.1) Double Jeopardy/''Ne bis in idem''</u>		'''<u>(6.1.1) Double Jeopardy/''Ne bis in idem''</u>'''

	This is regulated by section 19 of the Botswana Penal Code:		This is regulated by section 19 of the Botswana Penal Code:
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	<u>(6.1.2) Presumption of Innocence</u>		'''<u>(6.1.2) Presumption of Innocence</u>'''

	Any person accused of committing a crime is presumed innocent until proven guilty – this is set out in section 10(2) (a) of the Botswana Constitution.		Any person accused of committing a crime is presumed innocent until proven guilty – this is set out in section 10(2) (a) of the Botswana Constitution.


	<u>(6.1.3) Capital Punishment</u>		'''<u>(6.1.3) Capital Punishment</u>'''

IBJadmin: /* 10. Rights in prison */

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10. Rights in prison

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	==10. Rights in prison==		==10. Rights in prison==
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	===10.1 Conditions of Confinement===		===10.1 Conditions of Confinement===