Concerns were recently raised about the increasing number of arbitrary arrests and detentions in Namibia, with many individuals claiming to have been detained without just cause or due process.
These actions have prompted public outcry, and many are seeking clarity on how the law can protect their rights.
Arbitrary arrest refers to the detention of an individual without a legal basis or valid reason, while arbitrary detention occurs when someone is held in custody without being informed of charges or provided an opportunity to challenge the detention in court.
In Namibia, such practices are seen as a serious violation of the Constitution, which guarantees personal liberty and protection from arbitrary detention.
Namibia’s Constitution prohibits arbitrary arrest or detention.
It emphasises that anyone detained must be informed of the reasons for their detention and have access to legal representation.
In addition, the Criminal Procedure Act requires that anyone arrested must be brought before a court within 48 hours, unless exceptional circumstances apply.
However, recent reports from rights groups suggest that these legal safeguards are sometimes ignored, particularly in the case of individuals arrested during public protests or political demonstrations. In some instances, authorities have failed to provide clear explanations for arrests or ensure timely court appearances, prompting calls for legal refor
LEGAL REMEDIES
Legal experts emphasise that habeas corpus remains one of the most powerful tools for challenging arbitrary detention in Namibia. Habeas corpus allows a person to file a petition with the High Court, seeking a ruling on whether their detention is lawful.
In addition to habeas corpus, individuals who are unlawfully detained can seek compensation through civil suits for damages and/or file complaints with the Office of the Ombudsman.
For some, domestic remedies are not sufficient, and international human rights groups are urging Namibia to do more to protect its citizens from arbitrary arrest and detention. Namibia, a signatory to international human rights treaties, including the International Covenant on Civil and Political Rights, is bound by international law to prevent arbitrary arrests and provide victims with legal recourse.
International bodies such as the African Commission on Human and Peoples’ Rights have the authority to intervene in cases where national courts have failed to provide justice. Activists argue that Namibia must take stronger measures to ensure that the right to liberty is upheld, especially as concerns over political freedoms continue to rise.
Civil rights organisations are calling for greater transparency and accountability from law-enforcement agencies and more effective legal remedies for those who experience arbitrary arrest and detention.
Namibians are encouraged not to be afraid and to report all incidents they regard as violations of their right against arbitrary arrest and detention to the Office of The Ombudsman, human rights organisations such as NamRights, or Independent Human Rights Activists and Defenders.
More information and help can be requested at 081 593 1916
John Saunderson
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