Government of Namibia Flouts Torture Treaty
Posted 26th June 2008 at 02:25 PM by NSHR
PRESS RELEASE
In celebrating the International Day in Support of Victims of Torture (IDSVT), today, Namibia’s National Society for Human Rights (NSHR) condemns the widespread occurrence of torture in Namibia as well as the perfunctory and haphazard fashion in which the Government of Namibia (GoN) carries out its obligations under international law.
On December 12 1997, the UN designated today, June 26, as IDSVT in order to emphasize the indispensability of the freedom from torture and other cruel, inhuman or degrading treatment or punishment as well as the right to personal dignity and security for all individuals worldwide.
June 26 is intended to mark the adoption by the UN General Assembly of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), on December 10 1987. The institution of IDSVT coincides with the entry into force of CAT on June 26 1987. According to NSHR criteria and in addition to the definition consecrated in Article 1 of CAT, “torture” means any prohibited active or passive methods of abuse or severe deprivation, including inhuman, cruel, humiliating and degrading treatment, outrages upon personal dignity and physical or moral coercion. Torture includes: systematic beatings, being deprived of sleep for several days, being subjected to electric shock, being submerged head first in foul water, being confined to mental hospital on other than medical grounds, being given sophisticated drugs, starvation, exposure to extreme temperatures, live burials, etc.
Victims of torture are often caught up in government suppression of dissent. They are not charged with any criminal offence and they may be the wives or young children of suspects. They suffer, physically and mentally, long after release. Effects of torture may include: serious injury and or paralyses, destroyed minds, emotional scars, death and enforced disappearance - a terrible form of torture for those left behind!
Torture is not just an expression of sadism, practiced by those who deal with prisoners. It becomes an institution, part of the system, authorized by government and rebel forces, connived by officials at every level and accepted as a norm.
Hence, CAT absolutely bans torture and other cruel, inhuman or degrading treatment or punishment at any time, under all circumstances and on any territory. In particular, CAT defines torture, requires states to take effective legal and other measures to prevent torture, and declares that no state of emergency, other external threats, nor orders from a superior officer or authority may be invoked to justify torture. The Convention forbids countries to forcibly return a refugee to his country of origin if there is reason to believe he or she will be tortured and urges countries hosting refugees to consider the human rights record of the refugees’ native countries in making this decision.
In addition, CAT requires states to enact laws criminalizing torture and making provision for appropriate punishment for torturers. It also requires states to assert jurisdiction when torture is committed on their territories and or when a torture suspect is found within their jurisdiction, either to investigate or prosecute themselves, or, upon proper request, to extradite suspects to face trial before another competent court. CAT also requires states to cooperate with any civil proceedings against accused torturers.
Furthermore, under CAT each state is obliged to provide training on torture prevention to its Police, intelligence and military agencies to keep its interrogation methods under review, and to promptly investigate any allegations that its officials have committed torture in the course of their official duties. Each state must ensure that individuals under its jurisdiction who allege that someone has committed torture against them are permitted to make an official complaint and have it investigated, and, if the complaint is proven, receive compensation, including full medical treatment and payments to survivors if the victim dies as a result of torture.
CAT forbids states courts to admit into evidence during a trial any confession or statement made as a result of torture. It also forbids activities which do not rise to the level of torture, but which constitute cruel or degrading treatment.
June 26 has a special significance in Namibia for various reasons in that the infliction torture and other cruel, inhuman or degrading treatment or punishment is commonplace scourge dating back to the pre-independence era.
On November 28 1994, following a systematic naming and shaming pressure campaign by especially NSHR, GoN finally acceded to CAT and thereby committed itself to taking effective administrative, legislative, judicial and other measures at the domestic level to prohibit and punish acts of torture and other cruel, inhuman or degrading treatment or punishment on Namibian soil. Yet, torture continues to be a part of Namibia’s administrative system in many parts of the country. Over the last 18 years, there has been mounting evidence that torture has become an institutionalized practice within the country.
The high incidence of rape, recurrent allegations of Police brutality as well as the absence of effective administrative, legislative, judicial and other measures instituted to prevent and or cure torture and its effects are clear indicators that GoN has so far dismally failed to comply with its obligations under Article 2 of CAT by instituting effective measures. Consider the following grave violations:
1. Although in terms of Articles 8(2) (b), 9(1), 9(2), 12(1) (f) and 24(3) of the Namibian Constitution as well as the 1991 Supreme Court landmark decision torture and other cruel, inhuman or degrading treatment or punishment are prohibited, there are no effective statutory laws that have been deliberately enacted to formally define torture and to criminalize the scourge.
2. Torture and other cruel, inhuman or degrading treatment or punishment is commonplace especially in the country’s perennially overcrowded detention and correctional institutions and facilities.
3. There continues to be a huge backlog of cases and this is mainly due to lack of judicial personnel which and this has led to prolonged detention under Spartan conditions.
4. There is no independent authority in the country designed to promptly and impartially investigate allegations of torture and other cruel, inhuman or degrading treatment or punishment.
5. GoN has so far failed to make a declaration under Article 22 of CAT recognizing the competence of the UN Committee against Torture in order to enable victims of torture and other cruel, inhuman and degrading treatment or punishment to approach the CAT Committee.
6. GoN has ignored the 1997 recommendations by the CAT Committee to account for the thousands of Namibians who went missing under SWAPO’s care during the pre-independence era.
7. GoN has failed to promptly institute criminal prosecution of the 40 odd members of the Namibian security forces who had tortured hundreds of people in the Kavango and Caprivi regions between 1998 and 2003.
NSHR calls upon GoN to make a declaration under Article 22 of CAT in which it recognizes the competence to 10-member CAT Committee to receive and consider petitions from persons under Namibian jurisdiction who are claiming to be victims of torture and other cruel, inhuman or degrading treatment or punishment , to ratify the Optional Protocol to CAT and to issue an open invitation to the Special Rapporteur on torture, as well as to other relevant human rights mechanisms and to visit Namibia to appraise the torture situation.
The human rights organization also pays tribute to all those entities (including national and international non-governmental and intergovernmental organizations and individuals) who work worldwide to relieve the suffering of torture survivors and their families. Among these, the UN has established the UN Fund for Victims of Torture that assists many non-governmental organizations to provide torture victims with medical and psychological care, legal and social aid, and financial support.
In case of additional comment, please call Dorkas Phillemon or Phil ya Nangoloh at Tel: 061 236 183 or 061 253 447 (office hours) or Cell: +264 811 299 641 (Dorkas) or E-mail: nshr@nshr.org.na or visit: www.nshr.org.na
On December 12 1997, the UN designated today, June 26, as IDSVT in order to emphasize the indispensability of the freedom from torture and other cruel, inhuman or degrading treatment or punishment as well as the right to personal dignity and security for all individuals worldwide.
June 26 is intended to mark the adoption by the UN General Assembly of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), on December 10 1987. The institution of IDSVT coincides with the entry into force of CAT on June 26 1987. According to NSHR criteria and in addition to the definition consecrated in Article 1 of CAT, “torture” means any prohibited active or passive methods of abuse or severe deprivation, including inhuman, cruel, humiliating and degrading treatment, outrages upon personal dignity and physical or moral coercion. Torture includes: systematic beatings, being deprived of sleep for several days, being subjected to electric shock, being submerged head first in foul water, being confined to mental hospital on other than medical grounds, being given sophisticated drugs, starvation, exposure to extreme temperatures, live burials, etc.
Victims of torture are often caught up in government suppression of dissent. They are not charged with any criminal offence and they may be the wives or young children of suspects. They suffer, physically and mentally, long after release. Effects of torture may include: serious injury and or paralyses, destroyed minds, emotional scars, death and enforced disappearance - a terrible form of torture for those left behind!
Torture is not just an expression of sadism, practiced by those who deal with prisoners. It becomes an institution, part of the system, authorized by government and rebel forces, connived by officials at every level and accepted as a norm.
Hence, CAT absolutely bans torture and other cruel, inhuman or degrading treatment or punishment at any time, under all circumstances and on any territory. In particular, CAT defines torture, requires states to take effective legal and other measures to prevent torture, and declares that no state of emergency, other external threats, nor orders from a superior officer or authority may be invoked to justify torture. The Convention forbids countries to forcibly return a refugee to his country of origin if there is reason to believe he or she will be tortured and urges countries hosting refugees to consider the human rights record of the refugees’ native countries in making this decision.
In addition, CAT requires states to enact laws criminalizing torture and making provision for appropriate punishment for torturers. It also requires states to assert jurisdiction when torture is committed on their territories and or when a torture suspect is found within their jurisdiction, either to investigate or prosecute themselves, or, upon proper request, to extradite suspects to face trial before another competent court. CAT also requires states to cooperate with any civil proceedings against accused torturers.
Furthermore, under CAT each state is obliged to provide training on torture prevention to its Police, intelligence and military agencies to keep its interrogation methods under review, and to promptly investigate any allegations that its officials have committed torture in the course of their official duties. Each state must ensure that individuals under its jurisdiction who allege that someone has committed torture against them are permitted to make an official complaint and have it investigated, and, if the complaint is proven, receive compensation, including full medical treatment and payments to survivors if the victim dies as a result of torture.
CAT forbids states courts to admit into evidence during a trial any confession or statement made as a result of torture. It also forbids activities which do not rise to the level of torture, but which constitute cruel or degrading treatment.
June 26 has a special significance in Namibia for various reasons in that the infliction torture and other cruel, inhuman or degrading treatment or punishment is commonplace scourge dating back to the pre-independence era.
On November 28 1994, following a systematic naming and shaming pressure campaign by especially NSHR, GoN finally acceded to CAT and thereby committed itself to taking effective administrative, legislative, judicial and other measures at the domestic level to prohibit and punish acts of torture and other cruel, inhuman or degrading treatment or punishment on Namibian soil. Yet, torture continues to be a part of Namibia’s administrative system in many parts of the country. Over the last 18 years, there has been mounting evidence that torture has become an institutionalized practice within the country.
The high incidence of rape, recurrent allegations of Police brutality as well as the absence of effective administrative, legislative, judicial and other measures instituted to prevent and or cure torture and its effects are clear indicators that GoN has so far dismally failed to comply with its obligations under Article 2 of CAT by instituting effective measures. Consider the following grave violations:
1. Although in terms of Articles 8(2) (b), 9(1), 9(2), 12(1) (f) and 24(3) of the Namibian Constitution as well as the 1991 Supreme Court landmark decision torture and other cruel, inhuman or degrading treatment or punishment are prohibited, there are no effective statutory laws that have been deliberately enacted to formally define torture and to criminalize the scourge.
2. Torture and other cruel, inhuman or degrading treatment or punishment is commonplace especially in the country’s perennially overcrowded detention and correctional institutions and facilities.
3. There continues to be a huge backlog of cases and this is mainly due to lack of judicial personnel which and this has led to prolonged detention under Spartan conditions.
4. There is no independent authority in the country designed to promptly and impartially investigate allegations of torture and other cruel, inhuman or degrading treatment or punishment.
5. GoN has so far failed to make a declaration under Article 22 of CAT recognizing the competence of the UN Committee against Torture in order to enable victims of torture and other cruel, inhuman and degrading treatment or punishment to approach the CAT Committee.
6. GoN has ignored the 1997 recommendations by the CAT Committee to account for the thousands of Namibians who went missing under SWAPO’s care during the pre-independence era.
7. GoN has failed to promptly institute criminal prosecution of the 40 odd members of the Namibian security forces who had tortured hundreds of people in the Kavango and Caprivi regions between 1998 and 2003.
NSHR calls upon GoN to make a declaration under Article 22 of CAT in which it recognizes the competence to 10-member CAT Committee to receive and consider petitions from persons under Namibian jurisdiction who are claiming to be victims of torture and other cruel, inhuman or degrading treatment or punishment , to ratify the Optional Protocol to CAT and to issue an open invitation to the Special Rapporteur on torture, as well as to other relevant human rights mechanisms and to visit Namibia to appraise the torture situation.
The human rights organization also pays tribute to all those entities (including national and international non-governmental and intergovernmental organizations and individuals) who work worldwide to relieve the suffering of torture survivors and their families. Among these, the UN has established the UN Fund for Victims of Torture that assists many non-governmental organizations to provide torture victims with medical and psychological care, legal and social aid, and financial support.
In case of additional comment, please call Dorkas Phillemon or Phil ya Nangoloh at Tel: 061 236 183 or 061 253 447 (office hours) or Cell: +264 811 299 641 (Dorkas) or E-mail: nshr@nshr.org.na or visit: www.nshr.org.na
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