Rights groups urge Bangladesh to abolish death penalty following drug trafficking case involving Botswana national

On Wednesday (5 June), seven international rights groups, including Amnesty International, ADPAN, CPJP, The Botswana Centre for Human Rights, Eleos Justice, International Federation for Human Rights, and Odhikar, issued a joint statement urging the Bangladeshi government to abolish the death penalty. 

This appeal follows the death sentence handed down to Lesedi Molapisi by a Dhaka court on 26 May, 202, reports Jurist News. 

Molapisi, a citizen of Botswana, was apprehended with over three kilograms of heroin at Hazrat Shahjalal International Airport in January 2022.

An appeal against this decision has been filed.

The Narcotics Control Act, enacted in 1990 and amended in 2018, permits the death penalty or life imprisonment for possession of more than 25 grams of heroin.

The rights groups argue that the death penalty is an excessively harsh punishment for drug possession, which is a non-violent crime. They highlight that Bangladesh, as a party to the International Covenant on Civil and Political Rights, is formally prohibited from imposing the death penalty for drug possession, as the Covenant has been interpreted to allow the death penalty only in cases involving intentional killing.

While aiming for interim relief, the group's statement called for a moratorium on executions and unequivocally supported the eventual abolition of the death penalty.

"The global community is in clear support of steps towards the abolition of the death penalty, as demonstrated by the 112 countries that are fully abolitionist and more than two-thirds (144) of countries that are abolitionist in law and practice. The government of Bangladesh should abolish the death penalty in relation to drug offenses and commute the sentences of those currently on death row for drug offenses, as first important steps," the statement reads.

"Further, the government should ensure that every person charged with a death-eligible offense has meaningful access to justice through adequate funding for competent legal representation, including funding to obtain expert evidence as required. Moreover, they should follow the global trend towards the abolition of the death penalty, starting by declaring a moratorium on executions," the statement added.

In the meantime, the organizations urged the government to use its powers under sections 401 and 402 of the Code of Criminal Procedure to commute the death penalty given to Molapisi.