In a report entitled: "Justice delayed is justice denied – The Caprivi treason trial", to mark the almost four-year delay in trial proceedings, Amnesty International focused on the 122 defendants in Namibia accused of high treason, murder and other offences in connection with the secessionist Caprivi uprising of 1999.
The group has been in custody for close to four years, awaiting the resumption of their trial, which was now scheduled for October 27."When the trial resumes in October, the rights of the defendants to a fair hearing may be seriously undermined," the London-based human rights group said.
It said pre-trial rights of the defendants were violated following their arrest. Most of them were subjected to torture and ill-treatment, and harsh prison conditions.
They were also denied access to lawyers, medical treatment and their families for about three weeks.
Following an armed attack launched by the secessionist group, the Caprivi Liberation Army, on government forces and buildings on 2 August 1999 in the Caprivi region of north eastern Namibia, the Namibian government declared a state of emergency and detained over 300 people on suspicion of participating in the attack or sympathising with the attackers.
Of those arrested following the uprising, around 122 have remained in custody awaiting the resumption of their trial.
Amnesty Internationals said yesterday it was concerned that at least 70 defendants might be prisoners of conscience.
Some appeared to have been apprehended based solely on their actual or perceived non-violent support for the political opposition in the region, their ethnic identity or their membership in certain organisations.
"Given the widespread claims of torture and ill-treatment allegedly at the hands of the police and security forces, it is alarming that the Namibian authorities have failed to publicly report on their investigations into these allegations," Amnesty International said.
Officers suspected of committing these violations have not been prosecuted, or at the very least, suspended from their duties pending the conclusion of an official investigation".
"Namibian authorities must ensure that all statements extracted by torture or ill-treatment will not be brought as evidence in court in accordance with Namibia's obligations under the United Nations Convention Against Torture".
It said Namibian authorities were also obliged under the convention to take effective measures to investigate all allegations of torture and ill-treatment promptly, thoroughly and impartially, make the results of the investigation public and bring the suspected perpetrators to justice. – Sapa.
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