Two awkward immigration officials allegedly abducted, arbitrarily arrested and detained for several hours consumer rights activist, Sackey Amenya (34), in the capital yesterday. The incident occurred at approximately 15h30 at the BP Soweto Internet Café in Katutura. Amenya identified the two officials as Principal Immigration Officer Ernest Elias and Senior Immigration Officer Toivo Mwaala.

The two immigration officials, for no apparent reasons, allegedly ordered Amenya to “identify yourself”. When he asked them to first identify themselves, the duo allegedly only claimed that they were “sent by the authority to arrest you”. Nevertheless, Amenya insisted that they produce their work identity cards and after an argument Mwaala momentarily brandished his work ID card. Hence, Amenya told them his ID documents were at the human rights office and he requested them to drive there in order to produce them. However, the two arrogant immigration officials allegedly ignored this and drove off with Amenya to their offices at the Ministry of Home Affairs and Immigration (MHAI) in the city center.

“Upon arrival at the Ministry of Home Affairs, they just dumped me in their office, without producing any reasonable cause or saying any thing else except that they were acting under the instructions of their supervisor, a certain Victoria Sheepo. After a long time they took me to this Sheepo’s office, but she declined to listen to my case, even claiming that she had to rush to a meeting”, Amenya explained.

Amenya was only released after 17h00 after a close relative of his approached MHAI State Secretary Samuel Goagoseb to intervene. When asked why he and Mwaala detained Amenya, Ernest Elias allegedly claimed that they arrested Amenya because “he looked like a Zimbabwean”.

“In this country, unlike in Zimbabwe, not even a Zimbabwean can be subject to arbitrary arrest or detention. Some of these people need urgent training in human rights matters. Moreover, over the years we have heard enough from refugees about the often unlawful conduct by this Ernest Elias. It is about time that the authorities do something about this”, said NSHR spokesperson Dorkas Phillemon.

When approached for comment this morning, a high-ranking MHAI official, speaking on condition of anonymity, told NSHR that Amenya’s arrest was a case of “mistaken identity” and “an unfortunate incident”. “I have reprimanded them”, the official added, referring to Elias and Mwaala. The official also said he had apologized to Amenya on behalf of the Ministry.

The Bill of Rights concentrated in Chapter 3 of the Namibian Constitution strictly proscribes arbitrary deprivation of liberty against anyone, at any time and under any circumstances. In terms of Articles 7 and 11, read with Article 18, of the Constitution, no person shall be deprived of personal liberty save in accordance with the procedures established by the law and, further, that no persons shall be subject to arbitrary arrest or detention. In terms of Article 18 of the said Constitution, administrative officials are under the obligation to act fairly and reasonably and to comply with the requirements imposed upon them by common and statutory law.

Furthermore, according to Article 21(2) of the Constitution a person’s right to freedom of movement throughout the country may only be restricted by the law “in so far as such law imposes reasonable restrictions […], which are necessary in a democratic society.”

In terms of general criminal law, abduction is the criminal and wrongful carrying off of someone by restraining such a person through the use or threat of force or through fraudulent persuasion or misrepresentation.

According to a UN study, an arrest or detention is arbitrary if it is: (a) on the grounds or in accordance with procedures other than those established by law, or (b) under the provision of a law the purpose of which is incompatible with the respect for the right to liberty and security of person under international law

“Due to the fact that these two people failed to immediately identify themselves, I developed a deep suspicion that they might be criminals who were intent on abducting or kidnapping me for whatever reasons, including political reasons. They acted with impunity and presented themselves to me as people who are above the law and who are the law in and by themselves. As a person aggrieved by their conduct, I will certainly sue for punitive damages”, said Amenya

For further information please call: Dorkas Phillemon at Tel: +264 61 236 183 or +264 61 253 447 (during office hours only) or E-mail: nshr@nshr.org.na or visit National Society for Human Rights :: Tolerance - Liberty - Happiness