11/02/2013 JAL 12/02/2013 AL Case No Country Mandate(s) Summary of the allegation transmitted Reply IND 1/2013 India Independence of judges and lawyers; Summary executions; Terrorism; Torture; Alleged execution after proceedings that did not comply fully with fair trial and due process guarantees. According to the information received, Mr. Ajmal Kasab, a Pakistani national aged 25, was executed in India on 21 November 2012. He was sentenced to death by a special court in 2010, for his alleged involvement in the Mumbai attacks that took place on 26 November 2008, and reportedly resulted in 150 persons killed and approximately 250 individuals injured. It was reported that Mr. Kasab was found guilty of more than 80 charges, including murder, committing acts of terrorism and criminal conspiracy to commit murder. The legal proceedings against him allegedly did not comply with international human rights law regarding fair trial and due process guarantees. 12/02/2013 BWA 1/2013 Botswana Indigenous peoples; 22/02/2013 Allegations concerning the situation of the Basarwa and Bakgalagadi indigenous peoples in the Central Kalahari Game Reserve. According to the information received, approximately 500 to 600 Basarwa and Bakgalagadi indigenous residents live in five communities within the Central Kalahari Game Reserve. Approximately 2,200 to 2,400 Basarwa and Bankgaladi people who were former residents of the Reserve, but have been evicted from their traditional lands, now live in the resettlement sites of Xere, New Xade and Kaudwane. In the Roy Sesana and Others v. The Attorney General decision of 2006, the High Court of Botswana held that the Government‘s refusal to allow the applicants in the case to enter the Reserve unless they were issued with permits was unlawful and unconstitutional. However, the Government has allegedly maintained the position that only the 243 applicants who were named in the Sesana case can return to the Reserve without obtaining a temporary entry permit. Further, indigenous residents in the Reserve have allegedly been criminally prosecuted, arrested, harassed, beaten and intimidated by police and park officials for engaging in their traditional subsistence hunting and gathering activities. A/HRC/23/51 60 Date Type

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