Pretrial detention in Namibia exceeds the African average
According to a new study released by the Namibian University of Science and Technology (NUST), a “staggering” 185 out of every 100 000 Namibians are held in pretrial detention, a figure far exceeding the African average of 33.7 per 100 000 population.
NUST’s study aimed to examine unwarranted, and potentially unlawful, pretrial detentions at three police stations in Windhoek – Wanaheda, Katutura and Otjomuise.
Conducted during June, July and August last year, the study revealed that a total of 199 police dockets from the aforementioned police stations were returned by the local prosecution office for the immediate release of the detained individuals.
Most frequent among the reasons for release were the prosecutors’ decisions not to prosecute for lack of prima facie evidence (initial evidence), i.e., the detained could not be linked to the alleged crime.
This accounted for 25% of all cases, while the prosecutors’ directions to the police to issue an admission-of-guilt fine to the suspect accounted for 43.7% of all cases.
Following the study’s conclusion, the implications of the findings were discussed in normative terms and with regard to police training and practice. The biggest concern raised related to the finding that during the three-month period, close to 50 citizens had been detained after arrest – although they could not be linked to the crime recorded in the docket.
Systemic challenges
Lead investigator, Dr Stefan Schulz, the deputy director in the department of social sciences under the faculty of commerce, human sciences and education, explained that the three-month study indicates that approximately 200 people are detained each year at these police stations for incidents they cannot be linked to.
“Besides the fact that each case represents an instance of human rights violation, any of those cases could give rise to civil liability of the state, with high financial costs bleeding government coffers,” he said.
At a meeting earlier this month with representatives of the Namibian Police and the Office of the Prosecutor General, overburdening and understaffing in the police force were highlighted as potential factors contributing to errors and the quality of investigations.
Attendees acknowledged the harrowing human rights impact of the findings while underscoring the fact that what may be seen as a stain on the work of the police becomes much more complex when one looks at the systemic challenges facing the Namibian Police and the Namibian criminal justice system at large.
Those present are expected to continue discussions when the technical report becomes available in March.
NUST’s study aimed to examine unwarranted, and potentially unlawful, pretrial detentions at three police stations in Windhoek – Wanaheda, Katutura and Otjomuise.
Conducted during June, July and August last year, the study revealed that a total of 199 police dockets from the aforementioned police stations were returned by the local prosecution office for the immediate release of the detained individuals.
Most frequent among the reasons for release were the prosecutors’ decisions not to prosecute for lack of prima facie evidence (initial evidence), i.e., the detained could not be linked to the alleged crime.
This accounted for 25% of all cases, while the prosecutors’ directions to the police to issue an admission-of-guilt fine to the suspect accounted for 43.7% of all cases.
Following the study’s conclusion, the implications of the findings were discussed in normative terms and with regard to police training and practice. The biggest concern raised related to the finding that during the three-month period, close to 50 citizens had been detained after arrest – although they could not be linked to the crime recorded in the docket.
Systemic challenges
Lead investigator, Dr Stefan Schulz, the deputy director in the department of social sciences under the faculty of commerce, human sciences and education, explained that the three-month study indicates that approximately 200 people are detained each year at these police stations for incidents they cannot be linked to.
“Besides the fact that each case represents an instance of human rights violation, any of those cases could give rise to civil liability of the state, with high financial costs bleeding government coffers,” he said.
At a meeting earlier this month with representatives of the Namibian Police and the Office of the Prosecutor General, overburdening and understaffing in the police force were highlighted as potential factors contributing to errors and the quality of investigations.
Attendees acknowledged the harrowing human rights impact of the findings while underscoring the fact that what may be seen as a stain on the work of the police becomes much more complex when one looks at the systemic challenges facing the Namibian Police and the Namibian criminal justice system at large.
Those present are expected to continue discussions when the technical report becomes available in March.
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