High number of Namibians in police detention with out trial – research

A recent academic study has revealed that there is a high number of Namibians detained at prisons without trial, with about 185 out of every 100 000 citizens held in pre-trial detention.

The study, conducted by the Namibia University of Science and Technology (Nust) shows that this figure is significantly higher than the African average of 33.7 per 100 000 people.

On 16 January, Nust researchers presented their findings at a meeting attended by members of the Namibian Police research desk and officials from the Office of the Prosecutor General at the Windhoek Magistrate’s Court.

The study, conducted at Wanaheda, Katutura, and Otjomuise police stations, focused on cases from June to August 2024 to assess the prevalence of potentially unlawful detentions.

Principal investigator Stefan Schulz and his team reported that 199 police dockets from the three police stations were returned by the prosecution for the immediate release of detainees.

The biggest concern raised related to the finding that during the three-month period, close to 50 citizens had been detained after arrest, although they could not be linked to the crime recorded in the docket.

According to Schulz, extrapolating this number from three months to a calendar year would bring the number to about 200 cases in Windhoek alone.

“Besides the fact that each case represents an instance of human rights violations, any of those cases could give rise to civil liability of the state,” Schulz says.

“Most frequent among the reasons for release were the prosecutors’ decisions not to prosecute for lack of prima facie evidence (initial evidence), i.e., the detained could not be linked to the alleged crime. This accounted for 25% of all cases, while the prosecutors’ directions to the police to issue an admission-of-guilt fine to the suspect accounted for 43.7% of all cases,” the study found.

Attendees acknowledged the harrowing human rights impact of the findings, while underscoring the fact that what may be seen as a stain on the work of the police becomes much more complex when one looks at the systemic challenges facing the police and the Namibian criminal justice system at large.

“Overload and understaffing in the police force were highlighted as factors that directly inform the number of errors occurring, as well as the quality of investigations,” the study found.

Meanwhile, national police spokespersondeputy commissioner Kauna Shikwambi yesterday commented on the study, saying the project initially involved the police, the Namibian Correctional Service and the Office of the Prosecutor General during the tenure of former inspector general Sebastian Ndeitunga in 2022.

“Nevertheless, whenever received, cleared or endorsed by the inspector general’s office, the police will analyse it, whether it reflects fact or fiction, for us to improve going forward. Therefore, we will only be in a position to comment on the findings of the study once it has been communicated to the Namibian Police,” Shikwambi said.