No shoot-to-kill order

As the rhino and elephant poaching epidemic continues to threaten the species' survival in Namibia, police last week emphasised the legal basis for the use of force in combatting suspected criminals, stressing anti-poaching units are operating within the law and have not adopted a shoot-to-kill policy.Following the death of three suspected poachers in December in a poaching hotspot in north-eastern Namibia and the accidental shooting of a man mistaken for a poacher near Outjo last week, Nampol issued a statement noting that these actions were in line with the provisions of the country's constitutional and legal frameworks. Major-General James Tjivikua said the police at all times operate in line with the constitutional right to life which shall be protected, but also underlined the fact that police often have to make lightning quick decisions in the course of their duties which often take place under pressure and unpredictable circumstances. “We are not infallible and therefore bound to make mistakes under the circumstances,” he said. 'Precarious'Nevertheless, he pointed out that law enforcement officers continue to work within the legal framework of the Criminal Procedure Act, often in environments that are not ideal or controlled. “The reality on the ground is however far different … no criminal will ever inform you that he is about to go and commit whatever offence. Even in the event that the police detected a person had engaged in criminal conduct, in more cases than not will that person try and evade capture. Such is the reality of the situation.”He said law enforcement officers work in “precarious and difficult circumstances and within a blink of an eye, an officer is expected to make a critical decision.”He said that according to Act No. 51 of 1977, as amended under section 49, the Criminal Procedure Act makes provision for an arresting officer to use force if a reasonable need arises. The section states that an authorised person when making an arrest, where force cannot be avoided, such as when a suspect flees, or resists arrest, may use “such force as may in the circumstances be reasonably necessary to overcome the resistance or to prevent the person concerned from fleeing.”If a suspect, who is reasonably suspected of having committed an offence, cannot be arrested or prevented from fleeing by “other means than by killing him, the killing shall be deemed to be justifiable homicide,” the section reads. Tjivikua further emphasised that the functions of the Namibian police force as set down by the law, is the protection of life and property, the prevention of crime, the maintenance of law and order, the preservation of the internal security of the country and the investigation of offences.As such, the question of how far should law enforcement should go in order to exercise their duties should be asked, Tjivikua said. He added that in light of recent events linked to anti-poaching operations, “where a matter is under police investigation, it must be understood that, the due process of the law must be allowed to take its course and whoever has a special interest in the matter, without making an attempt to restrain anyone's freedom of speech, avoid to prejudice the matter.”He said ultimately the courts are the only competent authorities entitled to judge on such matters. Taking noteTjivikua on Friday said Nampol had taken note of the public response to the recent death of three poachers in the Bwabwata National Park following armed skirmishes with local anti-poaching units there in December. Another poacher was critically wounded.In addition, the shooting of Johannes Haneb by members of an anti-poaching unit near Outjo last week, a farmworker who was on his way to a cattle post on instructions from his employer, who was allegedly mistaken for one of three suspected rhino poachers in the area, increased public concern around the alleged shoot to kill policy by anti-poaching units since December.Tjivikua noted, however, that the escalating incidences of poaching in the Bwabwata National Park combined with the struggle to “deal with the scourge of poaching in the Etosha National Park and other places, including commercial farms is a cause for grave concern.”In December, Minister of Environment and Tourism Pohamba Shifeta said anti-poaching units had been reinforced by members of the Namibian Defence Force and the units were given the green light to act in self-defence when attacked by poachers.Moreover, Shifeta explained that the anti-poaching units were instructed to take necessary measures aimed at preventing poachers from fleeing a scene of crime, especially when armed with illegal and deadly weapons. JANA-MARI SMITH

No shoot-to-kill order

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Namibian Sun 2024-12-27

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No shoot-to-kill order

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Namibian Sun 2024-12-27

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