Business Unusual: End Police Brutality, Impunity Now!

It is imperative to delve deeper into the urgent need to enact the prevention and combating of torture bill and comprehensive police reform.

The mantra of Namibia’s eighth administration is ‘Business Unusual’. It promises a departure from the status quo, a commitment to swift and decisive action in addressing our most pressing issues.

Seven years after the prevention and combating of torture bill (2019) was introduced, it seems a distant promise.

The bill is unpassed, leaving a significant gap in the protection of human rights.

To understand the gravity of this, we must first distinguish between police brutality and torture.

Police brutality encompasses various forms of excessive or unnecessary force used by police officers, ranging from verbal abuse and intimidation to physical assault and unlawful killings.

While all forms of police brutality violate human rights, they might not always meet the specific legal definition of torture.

Torture, as defined in the bill and drawing on international law, involves intentionally inflicting severe pain or suffering, physical or mental, by a public official for specific purposes.

It often includes obtaining information or a confession, punishing the victim for an act they or a third person has committed or is suspected of committing, intimidating or coercing the victim or a third person, or for any reason based on discrimination of any kind.

CRUCIAL DISTINCTION

The distinction is crucial. Torture is particularly heinous and demands its own distinct legal recognition and appropriately severe penalties.

The torture bill aims to specifically criminalise intentional acts of severe pain and suffering committed by public officials, providing a stronger legal framework to address this grave rights violation beyond existing assault, assault with intent to cause grievous bodily harm (GBH), or attempted murder charges.

The bill recognises that torture is not just another form of brutality; it is a deliberate, calculated act that inflicts profound physical and psychological damage.

The protracted delay in passing the bill is a significant human rights concern.

That it is still under review (seven years on) indicates a lack of urgency in enshrining robust legal safeguards against torture and ill-treatment.

It leaves a legislative gap, forcing reliance on broader charges like assault, assault with intent to cause GBH, or attempted murder, which may not adequately capture the specific gravity and nature of torture.

This undermines the exercise of human rights, particularly the right not to be subjected to torture.

ALLEGED BRUTALITY

In the same vein, recent reports of police brutality are equally concerning and disturbing.

The alleged killing of truck driver Eliud Hamukwaya at a roadblock in Ohangwena and a taxi driver in Windhoek raises serious questions about the use of force by law enforcement officials.

International human rights standards dictate that lethal force must be strictly necessary and proportionate to a legitimate threat to life.

These incidents warrant thorough, independent, and transparent investigations to determine if excessive force was used and to ensure accountability.

Regrettably, the current Namibia Police Internal Investigations Department/Unit lacks the requisite independence for such investigations.

Arguably, a body similar to that of South Africa’s Independent Police Investigative Directorate (Ipid) is needed.

Ipid specifically provides independent oversight over the South African Police Service and Municipal Police Services through impartial investigations of criminal offences allegedly committed by police officers.

Establishing a similar body in Namibia would be a significant step towards ending the impunity of police brutality.

Allegations of police brutality against community members at Uis are equally alarming.

Andrew John-Kelly’s claims of being beaten and kicked in police holding cells, if proven true, constitute a clear violation of the prohibition of cruel, inhuman or degrading treatment.

It highlights a potential pattern of misconduct within certain police units that needs to be addressed urgently.

CONTRADICTIONS

While Namibia’s commitment to the Mandela and Bangkok Rules is commendable, persistent reports of police brutality contradict these commitments.

These international standards emphasise the humane treatment of people arrested, detained and convicted and the absolute prohibition of torture and other ill-treatment.

The gap between stated commitment and reported reality needs to be bridged through concrete measures, including effective training, oversight mechanisms and accountability for violations.

The broader issue of accountability and impunity is also at play.

Thanks to the media for publishing these disturbing incidents of police brutality and torture.

The lack of a specific law criminalising torture and the continued occurrence of alleged brutality raise concerns about whether perpetrators are being held fully accountable for their actions.

ACCOUNTABILITY

Implementing the prevention and combating of torture bill is crucial in strengthening this accountability framework.

The speedy passing of the torture bill, reforming the Namibian Police Internal Investigations Department/Unit, and ending the impunity of police brutality, would prove that it is indeed ‘Business Unusual’.

It would demonstrate a genuine commitment to human rights and the rule of law, ensuring that Namibians are protected from torture and ill-treatment by those entrusted with their safety.

The eighth administration has an opportunity to make a decisive break from the past and set a new standard for justice and accountability in Namibia.

– John Nakuta is a social justice scholar. He is a lifelong activist on justice, human rights, the rule of law and governance. This article is written in his capacity as a trustee for the Economic Social Justice Trust.

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