oa Comparative and International Law Journal of Southern Africa - The death row phenomenon comes to Botswana: Lehlohonolo Bernard Kobedi v The State



This article examines and comments on the first case in Botswana which challenged the death penalty on the grounds of the death row phenomenon. It further examines the decisions of the High Court and the Court of Appeal of Botswana in the Kobedi case. It concludes by observing that although the application could be regarded as an opportunity that went begging, both courts in principle accepted that the death row phenomenon may in a proper case violate the prohibition against torture and cruel, inhuman and degrading treatment.


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