Stop mistreatment of Caprivi trialists — Open letter to President Dr Sam Nujoma

MAY I introduce myself as a member of Amnesty International. Amnesty International, an independent human rights organisation, works for the worldwide release of Prisoners of Conscience and for the prompt and fair trials of political prisoners.

That includes persons who were arrested only because of their political or religious convictions or on account of their ethnic origin or sex on condition that these persons did not resort to violence or advocate the use of force. Amnesty is also opposed to torture, disappearances and extra-judicial executions and seeks to have the death penalty abolished.The reason why I write, is to express concern at the forced return of eight Namibian men (Manepelo Manuel Makendano, Progress Dikava Munuma, Alex Sinjabata Mushakwa, Samulandela Shine Samulandela, Diamond Salufu Samunzala, Vincent Liswaniso Siliye, Vincent Salishando Sinasi and Mosweu Mathew Tembwe) from Botswana in violation of Botswana’s policy as well as international refugee law that prohibits the forced return of asylum seekers to a country where they may be at risk of human rights violations.Seven of the men have now been charged with treason and join the 121 defendants (12 other defendants have died while in custody) in the Caprivi treason trial.I would like to state that Amnesty International’s research indicates that, in the case of the Caprivi defendants, there were concerns regarding the;1. violation of their pre-trial rights that include: 2. incommunicado detention 3. their alleged torture and ill-treatment 4. denial of access to lawyers, their families and medical care as well as 5. being forced to sign confessions under torture.Amnesty International is therefore concerned that the defendant’s rights to a fair hearing may be seriously undermined.Furthermore, I would like to point out that the Namibian authorities have a responsibility to ensure respect for international standards of fairness and independence in the administration of justice and to end torture in Namibia.I would like to refer to the ICCPR, CAT and the ACHPR, which Namibia has ratified and has an obligation to respect.Amnesty International believes that many of the defendants who remain in custody are prisoners of conscience and calls for their immediate and unconditional release and [for the Government] to ensure that the remaining defendants are brought to trial promptly and fairly.Finally, I would like to urge the Namibian authorities to establish an independent and impartial inquiry into the treatment of prisoners in custody with a view to recommending improvements to prison conditions, compatible with international standards.Daniela Baek Wolkersdorf, AustriaAmnesty is also opposed to torture, disappearances and extra-judicial executions and seeks to have the death penalty abolished. The reason why I write, is to express concern at the forced return of eight Namibian men (Manepelo Manuel Makendano, Progress Dikava Munuma, Alex Sinjabata Mushakwa, Samulandela Shine Samulandela, Diamond Salufu Samunzala, Vincent Liswaniso Siliye, Vincent Salishando Sinasi and Mosweu Mathew Tembwe) from Botswana in violation of Botswana’s policy as well as international refugee law that prohibits the forced return of asylum seekers to a country where they may be at risk of human rights violations. Seven of the men have now been charged with treason and join the 121 defendants (12 other defendants have died while in custody) in the Caprivi treason trial. I would like to state that Amnesty International’s research indicates that, in the case of the Caprivi defendants, there were concerns regarding the;1. violation of their pre-trial rights that include: 2. incommunicado detention 3. their alleged torture and ill-treatment 4. denial of access to lawyers, their families and medical care as well as 5. being forced to sign confessions under torture. Amnesty International is therefore concerned that the defendant’s rights to a fair hearing may be seriously undermined. Furthermore, I would like to point out that the Namibian authorities have a responsibility to ensure respect for international standards of fairness and independence in the administration of justice and to end torture in Namibia. I would like to refer to the ICCPR, CAT and the ACHPR, which Namibia has ratified and has an obligation to respect. Amnesty International believes that many of the defendants who remain in custody are prisoners of conscience and calls for their immediate and unconditional release and [for the Government] to ensure that the remaining defendants are brought to trial promptly and fairly. Finally, I would like to urge the Namibian authorities to establish an independent and impartial inquiry into the treatment of prisoners in custody with a view to recommending improvements to prison conditions, compatible with international standards. Daniela Baek Wolkersdorf, Austria