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Friday, February 18, 2005 - Web posted at 7:29:46 GMT

Death penalty 'not an option'

LINDSAY DENTLINGER

AS pressure mounts for the nation to debate a death penalty for serious crime, human rights organisations say that besides being out of line with the Constitution, they are strongly opposed to such suggestions.

Both the Legal Assistance Centre (LAC) and the National Society for Human Rights (NSHR) said this week that capital punishment had not solved the problem of high rates of violent crime in countries where it is in force.

"We condemn it. We agree the society is sick, but the death penalty is not the answer," NSHR spokesperson Dorkas Nangolo-Phillemon said.

Added the LAC's Norman Tjombe:"A society so passionate about protecting its citizens should not stoop to the level of criminals by killing people [which is] exactly what we are trying to prevent. Revenge is not the answer. The answer lies in reducing violence, not causing more death."

Constitutionally, such a move cannot even be contemplated, as the right to life is entrenched in the Namibian Constitution.

This means that it cannot be amended by parliament for purposes of diminishing or detracting from the fundamental rights, even if there is a national referendum calling for such an amendment.

On Tuesday, Minister of Women Affairs and Child Welfare Netumbo Nandi-Ndaitwah suggested to the National Assembly that the nation should consider discussing capital punishment, especially for those convicted of murdering children.

She was reacting to the sexual assault and murder of two girls aged 3 and 5 in Windhoek and Swakopmund in the past two weeks.

Monitor Action Group's Kosie Pretorius also once again moved for such discussion in the National Assembly, both on Tuesday and again on Wednesday, after first making the suggestion in the House last year.

On Tuesday, his request was ruled out of order and Pretorius once again pushed for it to be considered by rephrasing his question on Wednesday.

The LAC said the rights and freedoms guaranteed in the Constitution were not the obstacle to eradicating crime, but that the country rather had to rectify an attitude of impunity that has sprung up among criminals.

Tjombe was of the opinion that this situation was as a result of serious crimes such as rape and violence against women and children often going unreported.

"Taking the life of the perpetrator is also barbaric and we should never have a barbaric society," said Tjombe.

The LAC maintains that poor policing and investigation methods, which often result in cases being thrown out of court or suspects being acquitted, contribute to an attitude of impunity among criminals.

"I think the most effective tool for the effective eradication of crime is a well-equipped and professional police, prosecution and court system," Tjombe said.

The NSHR was of the opinion that the spate of violent crime was a manifestation of what was happening in the country.

Nangolo-Phillemon said Government had to set about reducing poverty, corruption and alcohol abuse as a starting point to reducing crime.

She maintained that people resorted to crime largely because of these factors in their efforts to make a living.

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