Conditions in Police cells leave Magistrate shocked

THE conditions in which people are being kept in custody at the Wanaheda Police Station cells in Windhoek are shocking, horrendous and a contravention of the Constitution, a Windhoek Magistrate declared after an inspection of the cells yesterday.

The conditions that he saw at the Wanaheda Police cells persuaded him that Ruben Kayele should not be kept in custody any longer, Magistrate Christie Mostert indicated when he delivered his ruling on Kayele’s application to be released on bail yesterday. Kayele is accused of contravening the Immigration Control Act by helping a South African national get hold of an allegedly forged visa and residence permit for Namibia, The bail application by Kayele (38), also known as Bonnetti, started before Magistrate Mostert in the Windhoek Magistrate’s Court in Katutura on Friday, and continued for a second day yesterday.On the second day of the bail hearing, the Magistrate decided to arrange a visit to the cells where Kayele had been kept since his arrest on Tuesday last week.Kayele had complained that conditions there were grim.Having seen for himself, the Magistrate agreed.The conditions that he saw, he said, were “shocking and horrendous”.His own calculation was that there were on average about 40 people in each of the cells at the Police station.He could, however, not count how many women were being kept in the female cell – because there it was so dark that he could not see the people inside the cell, he also related.The cells that he could see, however, were “totally overcrowded and totally unhygienic”, the Magistrate said.In his opinion, he added, the current conditions in the cells are a contravention of the Constitution’s express prohibition of cruel, inhuman or degrading treatment, Magistrate Mostert further stated.He said he would agree that the Police did not deserve sole blame for the situation, as it was burdened by financial limitations, but as he saw the issue, it would be possible to at least address the situation if all role players tried to work together on this score.For instance, he said, more careful consideration should be given about which accused persons actually had to be kept in custody before they go on trial, and who could be released.He ruled that Kayele could be released on bail of N$1 000, on condition that he does not interfere with the Police investigation of his case or with State witnesses in the matter.Kayele has to appear in court again on July 5.shocking cellsKayele is accused of contravening the Immigration Control Act by helping a South African national get hold of an allegedly forged visa and residence permit for Namibia, The bail application by Kayele (38), also known as Bonnetti, started before Magistrate Mostert in the Windhoek Magistrate’s Court in Katutura on Friday, and continued for a second day yesterday.On the second day of the bail hearing, the Magistrate decided to arrange a visit to the cells where Kayele had been kept since his arrest on Tuesday last week.Kayele had complained that conditions there were grim.Having seen for himself, the Magistrate agreed.The conditions that he saw, he said, were “shocking and horrendous”.His own calculation was that there were on average about 40 people in each of the cells at the Police station.He could, however, not count how many women were being kept in the female cell – because there it was so dark that he could not see the people inside the cell, he also related.The cells that he could see, however, were “totally overcrowded and totally unhygienic”, the Magistrate said.In his opinion, he added, the current conditions in the cells are a contravention of the Constitution’s express prohibition of cruel, inhuman or degrading treatment, Magistrate Mostert further stated.He said he would agree that the Police did not deserve sole blame for the situation, as it was burdened by financial limitations, but as he saw the issue, it would be possible to at least address the situation if all role players tried to work together on this score.For instance, he said, more careful consideration should be given about which accused persons actually had to be kept in custody before they go on trial, and who could be released.He ruled that Kayele could be released on bail of N$1 000, on condition that he does not interfere with the Police investigation of his case or with State witnesses in the matter.Kayele has to appear in court again on July 5.shocking cells