Namibian Police (NamPol) members have lately been accused of police brutality by several citizens around the country, NSHR has established. However, Articles 7 and 11 of the Namibian Constitution (i.e. Articles 3 and 7 of the Namibian Bill of Rights and Fundamental Freedoms) guarantee the right of everyone to personal liberty and security of person as well as freedom from arbitrary deprivation of liberty.
“These alleged criminal acts by the maintainers of law and order not only constitute a serious embarrassment to Namibia’s constitutional regime and rule of law, but they also fly directly into the face of the March 26 2007 Human Rights Directive for Police Officers issued by NamPol Inspector General Sebastian Ndeitunga to all Regional Commanders and Commanding Officers”, NSHR spokeswoman Dorkas Phillemon said.
Lieutenant General Sebastian Ndeitunga issued the Directive following a spate of brutality allegations during 2006. The Directive reads in part:
[…] I am witnessing the escalating trend of human rights violations by members of the Force, which, indeed, is a great concern […]These type of acts are not expected from [...] professional Police Officers, who are entrusted to maintain law and order, ensure highest standards of the respect [for] the rule of law, basic human rights and democratic values, among others […] Hence, Police Officers shall at all times fulfill the duty imposed on them by law, by serving the community and by protecting all persons against illegal acts. Equally, it is incumbent upon us, as professional officers, to respect and protect human dignity, and maintain and uphold the human rights of all persons […] You are further directed to ensure that all members under your command are continuously [sensitized] on [the] general principles and standards of fundamental Human Rights and Freedoms”.
Hence, in terms of the Police Directive, all NamPol members are under strict superior orders not to violate in any way the human rights and fundamental freedoms of anyone. However, the following incidents of alleged Police brutality especially are of serious concern to NSHR:
1. Reinhold Loth
In the latest alleged police brutality incident, a male resident of the town of Usakos accused NamPol members of having “savagely” assaulted him and of subjecting him to false arrest and detention as well as to criminal endangerment of his right to life by refusing to take him to hospital for urgent medical treatment. Reinhold Loth (41) told human rights defenders (HRDs) two Special Field Force (SFF) members at the town of Karibib brutally assaulted him.
The incident occurred at and or near the Karibib police precinct on Saturday, May 10 2008, at approximately 03h30. Loth was going home from work at the Navachab Goldmine just outside the town when the incident took place, HRDs heard.
According to Loth, two Oshiwambo-speaking SFF members dressed “in bond pak” (i.e. Afrikaans language for “battle fatigues”) grabbed him and hit him three times on the head with a butt of a hand gun before they dragged him into the Police precinct where they additionally kicked him brutally as they were taking him to the police cells. In the process, they inflicted severe bodily harm to his ribs and the right arm. Additionally, a male trial-awaiting prisoner assaulted him in the cells.
During an interview at his bed at the Usakos State Hospital where he was later taken, Loth stated that he was “never” informed of the reasons for his arrest and detention, let alone the grounds for the brutal assault by the supposedly maintainers of law and order. Loth also said that he was only taken to hospital after it became apparent to his assailants that he might succumb to his injuries while in their custody.
Approached for comment this afternoon NamPol’s Commanding Officer for Public Relations Chief Inspector Angula Amulungu told NSHR that he was not aware of the incident. However, Chief Inspector Amulungu said he would look into the allegations.
2. Simon Petrus Hashoongo
Simon Petrus Hashoongo (26), a resident of Ondobe village, in Ohangwena Region, some 27 km west of Eenhana, on May 6 2008 told NSHR that Ondobe Police officers had assaulted him, tortured him and subjected him to arbitrary deprivation of liberty. The incident occurred on April 22 2008 between 08h00 and 15h00 at the said village.
According to Hashoongo, on April 22 2008, at around 07h30, two female police officers, a certain Mr. Ushiinge Puleinge and a certain Shekupe came to Hashoongo’s elder brother’s house in Puleinge 2.7 liter 4 x 4 Toyota truck.
“They took me to the Ondobe police station where they interrogated me and tortured me by ordering me to place my hands on sharp brick for almost oan hour and a half until 15h00. During this ordeal one police officer remarked: ‘This is the place where we put criminals if they do not want to speak the truth until they speak out the truth’. The Police officers who tortured me included the Ondobe Station Commander. They started to beat me all over the body with rubber button for quite a long time and they forced me to speak ‘the truth’”, Hashoongo told Ohangwena-based HRDs.
Due to “too much pain”, Hashoongo made a false confession and offered to pay for the stolen radio. He was then released. As he was walking home with bleeding hands and a painful body, the two female police officers and Puleinge allegedly called him to come back “for an apology because the radio had been found”. Puleinge gave N$100 as compensation and to enable Hashoongo to go to hospital. He had to return to hospital for a second time as he also experienced severe pain between his shoulders, in the chest and found it difficult to pass urine.
Approached for the comment, an Ondobe Acting Station Commander denied having taken part in the beating and torturing of Hashoongo. He said: “I heard about that allegation of a stolen radio, but at the time the victim was arrested, I was not present. I was at Oshikunde village to investigate a case. Hence, I never beat the victim and when I asked my colleagues who were on duty at the time they also denied having beaten anyone”.
A criminal case of “common assault” (CR No. 11/05/08) has since been laid with Eenhana Police precinct. A distressed Hashoongo appealed to NSHR “to please educate Police officers about the rights of suspects in order to avoid this in the future because some Police officers are so bad”.
A medical report and photographic evidence in NSHR’s possession strongly suggest Hashoongo has, indeed, been assaulted.
3. Johannes Nanyemba
In a third Police brutality allegation at the southern town of Mariental on April 21 2008, Johannes Nanyemba (26) also complained of having been subjected to “brutal” assaults and arbitrary deprivation of his personal liberty. He accused two Oshiwambo-speaking NamPol members of this brutal conduct.
The two NamPol officers, who were apparently in a sodden state, took him to the Mariental Police precinct where they “grabbed me by the back of my head and attempted to shove me into a police cell”. They did not inform him that he was under arrest, let alone the reason for the arrest.
When Nanyemba tried to ask them for the reason for this conduct, the two Policemen handcuffed him and started to beat him and kick him indiscriminately. In the process, Nanyemba sustained wounds and bruises on his head, the right eye, arms, the back and the left ribcage. They then threw him into a cell where he remained from about 23h00 on April 17 2008 to 09h00 on April 18 2008. Color photographs in NSHR’s possession show Nanyemba with fresh wounds in different sections of his body.
A Police officer known to Nanyemba only as “Viina” was particularly brutal. Asked to describe Viina, Nanyemba gave a depiction of a short Oshiwambo-speaking male, dark in complexion with a golden tooth. A preliminary NSHR investigation into the incident suggests that Nanyemba might have, indeed, been a victim of police brutality.
Approached for comment on April 22 2008, Police Regional Commanding Officer for the Hardap Region Inspector Joseph Gaeseb said Police records at the Mariental Police precinct indicate that Nanyemba was detained for drunkenness for six hours from April 17 2008 in order to “enable him to sober up”. However, Nanyemba denied having been drunk on the night of the incident.
“But even if Nanyemba was really drunk, as the Police claim, there is absolutely no lawful reason for the Police to assault him, let alone treating him in what appears to be a brutal infliction of physical torture on a helpless victim. Moreover, Police officers are there to fulfill the law, not to break it with impunity”, said Mariental-based HRD David Kamati.
4. Theresia Kafidi
On March 31 2008
Windhoek resident Theresia Kafidi (34) complained to NSHR that a Police sergeant had physically assaulted her and had attempted to stab her with a knife. Fortunately she fended off the knife attack but suffered severe injuries to her right hand, inflicted with the knife. Her 4th and 5th fingers have been severed almost permanently. The incident occurred on February 2 2008 at or near her residence in Monte Christo Street in the Havana section of
Windhoek.
Kafidi lodged a complainant with NSHR after several attempts to seek protection from the local Police officers allegedly failed to convince her and or allay her fears that she would not be murdered. She informed NSHR that she lives in constant fear of losing her life at the hands of the said Police sergeant, who is her neighbor. The Policeman is attached to the Wanaheda Police precinct. He is also said to be operating from the Brakwater road block.
Although she had since laid a criminal charge against her attacker (Wanaheda CR 61/02.08) and that the assailant had been arrested, he allegedly continued to threaten to kill her with impunity. He allegedly also continues to subject her to crimen injuria and other insults as well as stalking her. NSHR is in possession of color photographic evidence suggesting strongly that Kafidi has been severed with a knife.
5. Bruce Boois
On February 24 2008, Oshiwambo-speaking NamPol members allegedly arrested Nama-speaking Bruce Boois (age unknown) arbitrarily and “severely” assaulted him while in custody at the Bethanie Police precinct. According to Nama Chief David Frederick of Bethanie, Boois’ injuries were “so severe that he was immediately escorted by the Bethanie Health Centre to Keetmanshoop [State] Hospital. Keetmanshoop Hospital could not assist him and [he] was referred to
Windhoek [State] Hospital”. The incident occurred at Bethanie village, some 140 km west of Keetmanshoop.
In case of additional comment, please call Dorkas Phillemon or David Kamati at Tel: 061 236 183 or 063 241 882 (office hours) or Cell: +264 811 299 641 (Dorkas) or Cell: +264 812 327 351 (David) or E-mail:
nshr@nshr.org.na or
nshr@hardap.org.na or visit:
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