The arrest of Avid’s CEO: The Congress of Democrats Demands Accountability from the Govt

THE following is a statement issued by the Congress of Democrats: The entire Namibian nation is shocked, perplexed and angry to learn about the death of Mr Lazarus Kandara in police custody yesterday (24th August 2005).

Every human passing is a sad event, and we are not about to trash this one. However we at the Congress of Democrats, CoD question the circumstances of Mr Kandara’s alleged suicide and the standards of prisoner safety and care applied by the Namibian Police.From first impressions it seems that the Criminal Procedures Act (No.25) of 2004 has been grossly breached in the carrying out of Mr Kandara’s arrest and detention by the Namibian Police.Specifically, we refer to Articles 41 through to article 53 of the Criminal Procedures Act (No.25) of 2004 and question what loose level of custody Mr Kandara was held under, which allowed him to collect and carry a lethal weapon (handgun) unnoticed by his police custodians.Our understanding of “custody” and “detention” of a suspect is that it should mean judicial (or penal) safe keeping that should involve physical restraint and control as the circumstances demand.It seems that the arrest and detention of Mr Kandara had neither the element of safe keeping nor that of physical restraint and control, as apparently the prisoner was allowed to escape the sight and physical attention of his charges on several occasions.As a result he could take any item he wished into his place of detention without the police being even aware.In our view, this is the lowest and most shocking standard of custody that can be applied to a detainee during arrest.Alternatively, it is a most flagrant dereliction of duty on the side of police officials.In the face of this extremely serious incident involving an investigation into the heart of governance in the country, and especially within the context of President Pohamba’s commitment to service delivery to the nation, we had expected government to account speedily for what has happened.We are surprised that till thus far neither the Inspector General of Nampol, nor the Minister responsible for Safety and Security, has made any statement.When he took Office, Minister Tshirumbu [Tsheehama] took an oath pledging to: hold his office with honour and dignity…, uphold, protect and defend the constitution and faithfully obey, execute and administer the laws of the Republic of Namibia and serve the people… to the best of his ability.Only an independent public enquiry into this sordid incident, headed by a judge of the High Court of Namibia will ensure that the facts are exposed and those responsible eventually punished.We demand no less.However we at the Congress of Democrats, CoD question the circumstances of Mr Kandara’s alleged suicide and the standards of prisoner safety and care applied by the Namibian Police.From first impressions it seems that the Criminal Procedures Act (No.25) of 2004 has been grossly breached in the carrying out of Mr Kandara’s arrest and detention by the Namibian Police.Specifically, we refer to Articles 41 through to article 53 of the Criminal Procedures Act (No.25) of 2004 and question what loose level of custody Mr Kandara was held under, which allowed him to collect and carry a lethal weapon (handgun) unnoticed by his police custodians.Our understanding of “custody” and “detention” of a suspect is that it should mean judicial (or penal) safe keeping that should involve physical restraint and control as the circumstances demand.It seems that the arrest and detention of Mr Kandara had neither the element of safe keeping nor that of physical restraint and control, as apparently the prisoner was allowed to escape the sight and physical attention of his charges on several occasions.As a result he could take any item he wished into his place of detention without the police being even aware.In our view, this is the lowest and most shocking standard of custody that can be applied to a detainee during arrest.Alternatively, it is a most flagrant dereliction of duty on the side of police officials.In the face of this extremely serious incident involving an investigation into the heart of governance in the country, and especially within the context of President Pohamba’s commitment to service delivery to the nation, we had expected government to account speedily for what has happened.We are surprised that till thus far neither the Inspector General of Nampol, nor the Minister responsible for Safety and Security, has made any statement.When he took Office, Minister Tshirumbu [Tsheehama] took an oath pledging to: hold his office with honour and dignity…, uphold, protect and defend the constitution and faithfully obey, execute and administer the laws of the Republic of Namibia and serve the people… to the best of his ability.Only an independent public enquiry into this sordid incident, headed by a judge of the High Court of Namibia will ensure that the facts are exposed and those responsible eventually punished.We demand no less.