Caprivi 13 re-arrested

THE 13 Caprivi high treason suspects were re-arrested immediately after supposedly having been released on Monday evening.

Their release was ordered by the High Court on Monday. The 13 were being kept locked up in a cell at the Grootfontein Police Station yesterday.The media were refused access to them, with the explanation that strict orders to that effect had been received from senior Police officers.The impression gained from enquiries to the Police at Grootfontein was that the Police themselves were also trying to figure out on what possible grounds they had re-arrested the 13 on Monday.For the 13, the only change to their situation after Judge Elton Hoff’s ruling were the lodgings they found themselves in, as well as the loss of their legal representation.Whereas they had been kept in the Grootfontein Prison while they were still accused in the treason case, since their supposed release they have been moved to the even grimmer environment of the town’s Police station holding cells.Judge Hoff ruled that the High Court did not have jurisdiction to try them because they had been brought before the court irregularly.Patrick Kauta, a member of the team of defence lawyers, said yesterday that the 13 were now also in a state of limbo as far as their legal representation was concerned.He explained that the defence lawyers in the treason case did not have instructions from the Legal Aid Directorate to represent the 13 on whatever charge they have now been re-arrested.Deputy Commissioner Abraham Maasdorp, who is leading the investigation into the high treason case, yesterday referred enquiries about the arrest to a senior colleague.That officer, Deputy Commissioner Gerson Naweseb, confirmed the arrests but said he was still waiting for details on the new charges against the 13 before he would be able to give out information on that score.He indicated that he was still waiting to receive Police dockets on the charges.John Walters, special counsel to the high treason prosecution team, said that the prosecution had been informed of the re-arrest.He indicated that the prosecution, too, did not have much information about the grounds for the arrests, except that they understood that it was claimed to be related to charges involving the theft of firearms, and that the charges were not part of the 275 charges which the 13 had faced in the high treason case.Kauta slammed the arrests as “unsavoury” and “malicious”.He charged it was “just another strategy of trying to delay the inevitable conclusion” to the matter, which would be that the 13 would have to be freed because they were brought to Namibia unlawfully in the first place.Kauta questioned why the 13 — most of whom had been in custody for more than four years already — could not have been charged in that case with the alleged crimes that they were re-arrested for following the court’s ruling.He added that he could not see how any other court could now decide to assume jurisdiction over the group, when the factual background against which the High Court had concluded that it could not try them [and the court’s jurisdictional area] remained the same.The 13 are John Samboma (the alleged commander of the Caprivi Liberation Army which is being accused of having carried out armed attacks on at Katima Mulilo on August 2 1999); his brother Charles Samboma; Richard Libano Misuha; Oscar Muyuka Puteho; Richard John Samati; Moses Limbo Mushwena; Thaddeus Siyoka Ndala; Martin Siano Tubaundule; Oscar Nyambe Puteho; Charles Mafenyeho Mushakwa; Fred Maemelo Ziezo; Andreas Mulupa; and Osbert Mwenyi Likanyi.Except for John Samboma, the group is also claimed to include several other figures who allegedly played leading roles in the movement which allegedly wanted to force the violent secession of the Caprivi Region from the rest of Namibia.The 13 are expected to appear in court — probably the Grootfontein Magistrate’s Court — today or tomorrow.Judge Hoff ruled on Monday that 12 of the 13 had been brought to Namibia from Zambia or Botswana through a process of “disguised extradition”, in which they were supposedly deported as illegal immigrants but in reality delivered to the Namibian authorities without the necessary extradition procedures.Another one of the 13 had been brought into Namibia without being told that he would face charges and be arrested if he returned to Namibia.The 13 were being kept locked up in a cell at the Grootfontein Police Station yesterday. The media were refused access to them, with the explanation that strict orders to that effect had been received from senior Police officers. The impression gained from enquiries to the Police at Grootfontein was that the Police themselves were also trying to figure out on what possible grounds they had re-arrested the 13 on Monday. For the 13, the only change to their situation after Judge Elton Hoff’s ruling were the lodgings they found themselves in, as well as the loss of their legal representation. Whereas they had been kept in the Grootfontein Prison while they were still accused in the treason case, since their supposed release they have been moved to the even grimmer environment of the town’s Police station holding cells. Judge Hoff ruled that the High Court did not have jurisdiction to try them because they had been brought before the court irregularly. Patrick Kauta, a member of the team of defence lawyers, said yesterday that the 13 were now also in a state of limbo as far as their legal representation was concerned. He explained that the defence lawyers in the treason case did not have instructions from the Legal Aid Directorate to represent the 13 on whatever charge they have now been re-arrested. Deputy Commissioner Abraham Maasdorp, who is leading the investigation into the high treason case, yesterday referred enquiries about the arrest to a senior colleague. That officer, Deputy Commissioner Gerson Naweseb, confirmed the arrests but said he was still waiting for details on the new charges against the 13 before he would be able to give out information on that score. He indicated that he was still waiting to receive Police dockets on the charges. John Walters, special counsel to the high treason prosecution team, said that the prosecution had been informed of the re-arrest. He indicated that the prosecution, too, did not have much information about the grounds for the arrests, except that they understood that it was claimed to be related to charges involving the theft of firearms, and that the charges were not part of the 275 charges which the 13 had faced in the high treason case. Kauta slammed the arrests as “unsavoury” and “malicious”. He charged it was “just another strategy of trying to delay the inevitable conclusion” to the matter, which would be that the 13 would have to be freed because they were brought to Namibia unlawfully in the first place. Kauta questioned why the 13 — most of whom had been in custody for more than four years already — could not have been charged in that case with the alleged crimes that they were re-arrested for following the court’s ruling. He added that he could not see how any other court could now decide to assume jurisdiction over the group, when the factual background against which the High Court had concluded that it could not try them [and the court’s jurisdictional area] remained the same. The 13 are John Samboma (the alleged commander of the Caprivi Liberation Army which is being accused of having carried out armed attacks on at Katima Mulilo on August 2 1999); his brother Charles Samboma; Richard Libano Misuha; Oscar Muyuka Puteho; Richard John Samati; Moses Limbo Mushwena; Thaddeus Siyoka Ndala; Martin Siano Tubaundule; Oscar Nyambe Puteho; Charles Mafenyeho Mushakwa; Fred Maemelo Ziezo; Andreas Mulupa; and Osbert Mwenyi Likanyi. Except for John Samboma, the group is also claimed to include several other figures who allegedly played leading roles in the movement which allegedly wanted to force the violent secession of the Caprivi Region from the rest of Namibia. The 13 are expected to appear in court — probably the Grootfontein Magistrate’s Cou
rt — today or tomorrow. Judge Hoff ruled on Monday that 12 of the 13 had been brought to Namibia from Zambia or Botswana through a process of “disguised extradition”, in which they were supposedly deported as illegal immigrants but in reality delivered to the Namibian authorities without the necessary extradition procedures. Another one of the 13 had been brought into Namibia without being told that he would face charges and be arrested if he returned to Namibia.