Swapo youth leader blasts Court ruling on Caprivi 13

LEADER of the Swapo Party Youth League (SPYL), Paulus Kapia, yesterday condemned Judge Elton Hoff as a saboteur for ruling that 13 Caprivi high treason suspects be freed as they were illegally brought into Namibia for trial.

But, human rights groups and opposition parties hailed the decision as a re-affirmation of the independence of the Namibian judiciary. The 13 were however re-arrested yesterday for charges that were not clear at the time of going to press (see related article).SPYL Secretary Kapia, who praised the Police for re-arresting the suspects despite the order for their release, said: “What we have is a judge trying to sabotage peace in this country… deliberately without looking at the security of the Namibian people.The Namibian people do not want to see these people outside of our jails”.Kapia accused Hoff of being the “right judge in the wrong court” and failing to understand the wishes of “the Namibian people”.”If they [some judges] are sick and tired of living in Namibia in peace they must pack and go.This person should just go.We are completely disturbed” by the ruling as young people.Basing his finding on several laws, including international treaties, Judge Hoff ruled that the extradition procedures were disregarded when the 13 were brought to Namibia from Botswana and Zambia.London-based human rights organisation Amnesty International yesterday welcomed Judge Hoff’s ruling, but also expressed concern that the Police re-arrested the 13 immediately for unexplained charges.”We are concerned that the Government does not seem to be respecting the courts of law,” said Amnesty International spokesperson for Africa, George Ngwa.The new arrest, he said, “is a violation of their rights, it’s a violation of the fair trial rule.That is showing disrespect for the rule of law”.Ngwa said the Government should merely have appealed against the ruling instead of trampling international treaties.The Legal Assistance Centre (LAC), a human rights law organisation, praised Hoff’s “firm judgement”.Toni Hancox of the LAC said the decision “shows that we still have an independent judiciary, which is very important”.Ignatius Shixwameni, Secretary General of the Congress of Democrats (CoD), said his party believed in the rule of law and thus welcomed the decision.”We are not passing judgement about whether these people are guilty or innocent.But let it be a lesson that the Police and Defence should follow the laws of our country and international conventions,” said Shixwameni.He added: “It does not help to apply underhand tactics to get what we want to get.Underhand tactics just help to discredit us.The State institutions must follow proper procedures.The Police and defence are there to protect the laws of this country, and they cannot be seen to be breaking those laws.We congratulate the judge for showing his firmness and independence”.The DTA’s Rudolph Kamburona called on the security forces to accept the released treason suspect back into society without having to harass and intimidate them.He said the DTA sympathised with the suspects for the four years that they had been waiting for the case to be concluded, enduring a break up of families and “other social consequences”.Amnesty International has again complained that further delay in the finalisation of the case was a denial of justice for those accused.More than 120 were standing trial for allegedly being involved in armed attempts to secede the Caprivi from the rest of Namibia.The 13 were however re-arrested yesterday for charges that were not clear at the time of going to press (see related article). SPYL Secretary Kapia, who praised the Police for re-arresting the suspects despite the order for their release, said: “What we have is a judge trying to sabotage peace in this country… deliberately without looking at the security of the Namibian people. The Namibian people do not want to see these people outside of our jails”. Kapia accused Hoff of being the “right judge in the wrong court” and failing to understand the wishes of “the Namibian people”. “If they [some judges] are sick and tired of living in Namibia in peace they must pack and go. This person should just go. We are completely disturbed” by the ruling as young people. Basing his finding on several laws, including international treaties, Judge Hoff ruled that the extradition procedures were disregarded when the 13 were brought to Namibia from Botswana and Zambia. London-based human rights organisation Amnesty International yesterday welcomed Judge Hoff’s ruling, but also expressed concern that the Police re-arrested the 13 immediately for unexplained charges. “We are concerned that the Government does not seem to be respecting the courts of law,” said Amnesty International spokesperson for Africa, George Ngwa. The new arrest, he said, “is a violation of their rights, it’s a violation of the fair trial rule. That is showing disrespect for the rule of law”. Ngwa said the Government should merely have appealed against the ruling instead of trampling international treaties. The Legal Assistance Centre (LAC), a human rights law organisation, praised Hoff’s “firm judgement”. Toni Hancox of the LAC said the decision “shows that we still have an independent judiciary, which is very important”. Ignatius Shixwameni, Secretary General of the Congress of Democrats (CoD), said his party believed in the rule of law and thus welcomed the decision. “We are not passing judgement about whether these people are guilty or innocent. But let it be a lesson that the Police and Defence should follow the laws of our country and international conventions,” said Shixwameni. He added: “It does not help to apply underhand tactics to get what we want to get. Underhand tactics just help to discredit us. The State institutions must follow proper procedures. The Police and defence are there to protect the laws of this country, and they cannot be seen to be breaking those laws. We congratulate the judge for showing his firmness and independence”. The DTA’s Rudolph Kamburona called on the security forces to accept the released treason suspect back into society without having to harass and intimidate them. He said the DTA sympathised with the suspects for the four years that they had been waiting for the case to be concluded, enduring a break up of families and “other social consequences”. Amnesty International has again complained that further delay in the finalisation of the case was a denial of justice for those accused. More than 120 were standing trial for allegedly being involved in armed attempts to secede the Caprivi from the rest of Namibia.