March 17 2008

PRESS RELEASE

Namibia’s National Society for Human Rights (NSHR) hails media reports that the National Prosecuting Authority (NPA) of South Africa (SA) is considering the request submitted by the SA-based Southern Africa Litigation Centre (SALC) to arrest on sight and charge at least thirteen high-ranking Zimbabwean police and government officials, should they ever again set foot on SA soil.

The accused are facing crimes against humanity (CAH) charges for having allegedly carried out systematic torture against opponents of President Robert Mugabe’s regime in Harare. Several of the accused regularly visit SA either on official business or to receive medical care or do their shopping, the Sunday Times, citing SALC sources, reported.

The Sunday Times newspaper reported in prominent article on March 16 2008 that NPA spokesman Tlali Tlali confirmed that the authority was considering SALC’s request to act on the torture allegations.

SALC’S request for legal action by SA is based on the universal jurisdiction doctrine in international law. In terms of the doctrine, States have the moral and legal duty to assume criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence or any other relation with the prosecuting country. SA has passed the Rome Act which allows that country to prosecute foreigners implicated in systematic human rights abuses committed outside its borders.

“Several other States, such as Belgium, Canada, Germany, Israel, Spain and the United Kingdom have also enacted domestic law based on the universal jurisdiction doctrine. However, SA’s Rome Act is said to be much broader than in other countries, making it the best option for bringing such a case on the African continent. The Zimbabwean accused are therefore viewed as hostes humani generis (i.e. 'enemies of the human race') and as such they are liable to be prosecuted wherever they go. The universal jurisdiction doctrine is closely linked to the idea that certain international norms are owed to the entire world community”, said NSHR executive director Phil ya Nangoloh.

According to Amnesty International (AI), certain crimes pose so serious a threat to the international community as a whole, that states have a logical and moral duty to prosecute an individual responsible for them. AI argues that no place should be a safe haven for those who have committed genocide, CAH, war crimes and forced disappearances.

On April 28 2006, the UN Security Council also adopted Resolution 1674 reaffirming “the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity".

The wide acceptance of clauses in treaties such as the Geneva Conventions of 1949 and the 1984 UN Convention Against Torture also requires ratifying States to pass domestic laws that are based on universal jurisdiction doctrine.

For further information please call: Dorkas Phillemon or Phil ya Nangoloh at Tel: +264 61 236 183 or +264 61 253 447 (during office hours) or Mobile: +264 811 299 886 (Phil) or +264 811 299 641 (Dorkas