PRESS RELEASE

The Station Commander of the Namibian Police at the newly proclaimed town of Omuthiya, Sergeant Kanenguni, faces ugly accusations of refusing to allow an alleged assault male victim to lay a criminal charge against his assailant, the victim, human rights monitors and Police sources in the Oshikoto Region said. The allegation against the Omuthiya Police follows an alleged political violence incident that had occurred at the town on March 11 2008 at approximately 21h00.

According NSHR sources, a certain Timo hit Frans “Chakolona” Mateus (37) to the head with a stick and, in the process; he inflicted serious permanent injuries to Mateus’ right ear. Timo allegedly hit Mateus at Jakobina’s shebeen where and while Mateus was asleep at a bench. The above sources identified Timo as a SWAPO Party activist at the town

Mateus today confirmed to NSHR that he was assaulted merely because he was a Rally for Democracy and Progress (RDP) supporter and that he was wearing a RDP T-shirt at the time. The assailant allegedly even remarked: “We SWAPO Party members here have already said that you RDP members will be made to eat up your T-shirts. Take note also that SWAPO Party is armed with guns”. Timo allegedly also threatened to stab Mateus with a knife.

Furthermore, Mateus also told NSHR that, immediately after the incident, he went straight to the Omuthiya Police precinct in order to lay a criminal charge against Timo. However, the Station Commander, Sergeant Kanenguni, allegedly declined to accept Mateus’ charge. Sergeant Kanenguni allegedly also refused to give Mateus a J88 (i.e. Medical Report) form in order for Mateus to undergo medical examinations, Mateus claimed. Sergeant Kanenguni allegedly also told Mateus that he (i.e. Mateus) is an Angolan and, as such, he has no right to lay a charge against a Namibian.

Approached for comment, Sergeant Kanenguni first wanted to know how NSHR obtained his mobile number. Thereafter he said that he had no comment and referred all NSHR enquiries to his superiors. Sergeant Kanenguni was, however, polite.

Meanwhile, Mateus informed NSHR today that Sergeant Kanenguni confronted him and told him saying: “You will bring me problems”. This is an apparent reference to the fact that Mateus decided to report the incident to human rights defenders. NSHR advised Mateus to lay a charge against Timo at a different Police precinct if necessary. After NSHR intervention, Mateus has since been allowed to lay a charge against Timo!

As the main human rights monitoring and advocacy organization in this country, NSHR once again wishes to warn the SWAPO Party leadership that sustained attacks on Opposition members and supporters point to the existence of a premeditated and systematic campaign or collective plan of violence. The objective of such plan appears to cleanse the country of anyone viewed as a ‘traitor’ and or an ‘enemy of peace’, as SWAPO Party critics are systematically viewed and treated in the country.

“Suffice to also warn that such a plan bears the initial footprints of crimes against humanity in the former Yugoslavia and Rwanda. These acts of violence are tantamount to impermissible persecution on political, racial and tribal grounds as well inhumane acts proscribed under international criminal law. We fear that, unless nipped in the bud, this state of affairs might slowly but surely assume the proportions of the political violence that has been occurring in neighboring Zimbabwe and in Kenya.

Systematic persecution and other inhumane acts, such as the ongoing physical attacks, denial of water and other access to State resources as well as any other punitive sanctions against ruling SWAPO Party critics are totally and completely against the letter and spirit of the Namibian Constitution and relevant international law. The fact that the SWAPO Party leadership is fully aware of the acts of political violence committed by their subordinates, but has so far failed to unambiguously and unequivocally take the necessary and reasonable measures to prevent further commission of these acts, is indicative that such acts are carried out with the knowledge, tolerance and or acquiescence of the said leadership as part of an undeclared collective plan of that party”, warned NSHR executive director Phil ya Nangoloh.

The existing international criminal law on collective responsibility holds that criminal acts committed by subordinates do not relieve their superiors of criminal responsibility if the superiors knew or had reasons to know that the subordinates were about to commit such acts or had done so and the superiors failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

The SWAPO Party has been on the record in the country saying that Opposition parties “will never be allowed to come to power” in Namibia. It is therefore in the best interest of the ruling SWAPO Party to ensure that any forms of expression deemed as making it possible for the Opposition to come to power in the country would be systematically suppressed wherever it existed and or prevented from existing where it did not exist. The systematic persecution and other inhumane acts committed by SWAPO Party members against anyone exercising his or her right to freedom of expression and opinion, association, assembly and movement should be viewed as against the presence of a collective SWAPO Party plan or strategy.

“For exercising such freedoms is fundamental to any successful peaceful political activity campaign for public support intended to influence the composition and policies of government, as envisaged under Articles 17 and 95(k) of the Namibian Constitution”, said ya Nangoloh.

NSHR calls upon the Inspector General of the Namibian Police to investigate the allegations against Sergeant Kanenguni with the view to ensure that drastic corrective measures are instituted at the Omuthiya Police precinct.

“As an epitome of politically violent incidents, the town of Omuthiya deserves an exemplary Police leader who is recognized for his or her political impartiality and other qualities to handle disputes and conflicts as well as who is conversant about the Electoral Commission of Namibia’s Code of Conduct for Political Parties”, said ya Nangoloh.

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 Cell: +264 811 299 886 (Phil) or E-mail: nshr@nshr.org.na or visit: National Society for Human Rights :: Tolerance - Liberty - Happiness