Press Releases: COMMEMORATING INTERNATIONAL DAY IN SUPPORT OF VICTIMS OF TORTURE AND LAUNCHING DOSSIER CONTAINING EVIDENCE ABOUT COMPLICITY IN AND IMPUNITY FOR TORTURE AND ILL-TREATMENT, WINDHOEK, JULY 2 2014 Published: Jul 02, 2014 - 02:10 PM This article received 46 reads. Print this article Share this article 1. Ladies and gentlemen, as our invitation yesterday expressly says, we have invited you to this Press Conference with two principal reasons in mind: 2. The first principal reason is to belatedly commemorate the International Day in Support of Victims of Torture. As you might be aware, on December 12 1997, UN General Assembly, by resolution 52/149, proclaimed June 26 the UN International Day in Support of Victims of Torture, with a view to totally eradicate torture and to ensure effective functioning of the 1984 UN Convention against Torture . 3. The second reason is to release this 58-page document entitled Namibia Dossier Containing Evidence of Complicity in, and Impunity for, Torture and Ill-treatment. The dossier, which was completed only on May 5 2014, is the product of an extensive research which NamRights has undertaken over a period of at least 6 months: (1) into the rancorous pronouncements by then President Sam Nujoma nearly a year prior to the alleged secessionist attack on August 2 1999 in the Caprivi Strip; (2) into the purpose of the State of Emergency (“SoE”) which President Nujoma declared following the alleged attack there; (3) into the crimes committed during and even long after SoE; (4) into the conduct of the Office of the Prosecutor General during and after SoE; and (5) into the appointment of incumbent Prosecutor General Olyvia Martha Imalwa. 4. The dossier demonstrates on page 7 and at paragraphs 1 to 3 that SoE was deliberately declared as an incentive for ensuing wholesale and systematic commission, with utmost impunity, of torture and ill-treatment (“TCIDT”) as well as other international crimes (please refer to paragraphs 3, 30, 36 and 37). Some of these crimes are listed under paragraphs 29, 37, 48 and 50 of the dossier. 5. The dossier lists at least 8 reasons why and how SoE is entirely repugnant to both national and international norms and standards (see paragraphs 38, 46 and 49) on Human Rights and Rule of Law. 6. The dossier also demonstrates that SoE was deliberately declared to conceal and cover-up the evidence of systematic torture and other internationally wrongful acts (please refer to paragraph 49) with the apparent view to ensure that the alleged Caprivi secessionists are prosecuted and found guilty at all and any cost. 7. Furthermore, the dossier contains clear and convincing evidence on how and or why Prosecutor General Imalwa and or her Caprivi High Treason Trial (“CHTT”) subordinates are complicit in the commission and or conspiracy to commit torture against alleged Caprivi secessionists. The dossier lists at least 16 reasons regarding how and why Prosecutor General and or her CHTT subordinates are so complicit in torture (see paragraphs 48, 56 to 73). 8. The docket also lists 7 grounds about why and how Prosecutor General Imalwa, at the time of her appointment, was neither a fit nor proper person to be entrusted with the responsibilities of Prosecutor General (please see paragraphs 74 to 87). There are also 7 reasons why and how the appointment of Prosecutor General Imalwa was a well calculated political move to stifle an independent, impartial, objective, competent and professional prosecutorial authority in Namibia (please refer to paragraphs 88 to 95). 9. The dossier consistently and persistently emphasizes that is torture strictly and absolutely prohibited in all and any circumstances (see paragraphs 22-25) that those who commit this heinous crime, including those who are complicit in this crimes, are viewed as enemy of humankind (see paragraphs 26 and 108) and as such they must be prosecuted wherever and or whenever they may found (see paragraphs 99 to 101). 10. Hence, the overall purpose of this dossier is to demonstrate that the overarching aim of SoE was ‘to mete out an appropriate punishment to the terrorists as well as to combat and destroy the secessionists without mercy’ in order to suppress the struggle for the realization of the absolute right of the people of Caprivi Strip to self-determination and independence. Thus this dossier seeks to achieve several indivisible, interconnected, interrelated and interdependent specific objectives: 11. The first specific objective of this document is to show how and or why TCIDT and or complicity in, and conspiracy to commit, TCIDT constitute very grave violations as well as crimes against humanity. All and any torturers and all their accomplices as well as their accessories are deemed hostis humani generis who must be prosecuted in all and by all States wherever and whenever they may be found (see paragraphs 26 and 108). 12. The second specific aim of this file is to prove that, notwithstanding its absolute and inviolable prohibition, TCIDT has deliberately been committed with maleficent and extreme impunity on a widespread or systematic basis against alleged Caprivi secessionists. 13. The third specific objective hereof is to demonstrate that the real motive behind the declaration of SoE was to pursue, further, facilitate or create an incentive for State policy to ‘mete out an appropriate punishment to the terrorists as well as combat and destroy the secessionists without mercy’. As a matter of fact, SoE inherently constitutes a legislative and or administrative measure deliberately adopted in order to commit inter alia TCIDT! 14. The fourth specific objective of this dossier is show that SoE was also intended as an exterminatory decree in order to destroy ‘the secessionists’ as a whole or in part. 15. The fifth specific aim of this dossier is to illustrate how and why SoE is entirely repugnant to, and incompatible and inconsistent with, national and international law governing States obligations, not only to prevent, prosecute and punish TCIDT, but also to respect, protect and fulfill all other human rights for all during emergency situations. 16. The sixth specific purpose of the docket is to demonstrate that marathon CHTT was intended to be part of the state policy and or conspiracy to deny the alleged secessionists the right to a fair and public trial. 17. The seventh specific purpose of this dossier is to illustrate that the ‘crown evidence’ before CHTT is prohibited fruit of a poisonous tree. 18. The eighth specific objective of this file is not only to show how and or why incumbent Prosecutor-General Imalwa and or her CHTT subordinates are extensively involved in the aforesaid policy and conspiracy ‘to mete out an appropriate punishment to the terrorists as well as to combat and destroy the secessionists without mercy’, but also to demonstrate why and how Prosecutor-General Imalwa and or her subordinates are deeply complicit in, and conspiracy to commit, TCIDT against the alleged Caprivi Strip secessionists. 19. The ninth specific aim of this document is to indicate how and or why--notwithstanding the fact that she had lacked the requisite academic qualifications and appropriate practical experience to become Prosecutor-General--Imalwa has been appointed as Namibia’s Prosecutor-General. The ninth specific purpose of this dossier is also to illustrate how and or why--owing to the circumstances which prevailed at the time of her appointment and or which led to such appointment--Prosecutor-General Imalwa was neither a fit nor a proper person to be entrusted with the responsibilities of Prosecutor-General. 20. The tenth objective of this file is to conclude that Prosecutor-General Imalwa has been deliberately appointed in order to stifle or undermine those standards and principles which are generally recognized as sine qua non for the promotion and maintenance of independent, impartial, objective, competent and professional prosecutorial services. 21. The eleventh specific goal this document is to show that the office of Prosecutor-General in Namibia is accountable to no one and further that the Judicial Service Commission (“JSC”) is the only body in the country that can recommend for the removal for of Prosecutor-General from office. Hence, JSC is the only body that can recommend for the removal of Prosecutor-General Imalwa for complicity in, and conspiracy to commit, TCIDT and or gross misconduct. 22. The twelfth and final goal of this dossier is to show cause that, in any event, all other States are under the obligation erga omnes to promptly prevent, prosecute and punish all and any acts of TCIDT by inter alia bringing to justice anyone held responsible for committing such acts. Prosecutor-General Imalwa and her CHTT subordinates are similarly liable for prosecution for being complicit in, and conspiracy to commit, torture! nshr.org.na/index.php?module=News&func=display&sid=1995
Posted on: Sat, 05 Jul 2014 07:43:59 +0000
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