Treason trial postponed

A wrangle over legal representation for 128 Namibians accused of high treason has again postponed their day in court.

After about two years of detention and a High Court ruling in December that the government was obliged to provide them with legal representation, 128 Namibians were finally going to get their day in court on Monday 4 February. However, the Namibian government has lodged an appeal against the High Court ruling and this has forced the postponement of the trial.

Amnesty International and the International Bar Association have appealed to the government to provide the suspects with legal representation. Joanna Salsbury, a programme lawyer in the human rights institute of the IBA, said IBA president Dianna Kemp was still in dialogue with the Namibian government.

"We have always expressed our concern that these people were not being represented. Dianna (Kemp) visited Namibia at the end of November to speak with the Namibian authorities and they are still in dialogue. The Namibian government is saying it cannot afford to supply them with legal representation," Salsbury said. "The position of the IBA and the Law Society of Namibia is that representation must be provided in order for them to have a fair trial. These are very serious offences under Namibian law and they (the suspects) could be subject to long terms of imprisonment."

Amnesty International says that the suspects were accused of involvement in an attack on several government targets by an armed political group, the Caprivi Liberation Army, in August 1999. More than 130 of them were subsequently released without being charged and have filed complaints of torture. These cases are still pending.

The appeal by the government to set aside the High Court ruling binding it to provide the 128 suspects with legal assistance is to be heard on February 18 and 19. Despite this, Salsbury was hopeful that the IBA's talks with the government could be fruitful. She said: "Namibia has always been a friend to the IBA so we are very keen to resolve this."

Amnesty International has made an appeal on its website on behalf of the 128 detained suspects. It said: "Senior officials deny that the state is responsible for providing legal aid to the suspects, arguing that while the Constitution guarantees the right to a fair trial and to legal representation, it does not guarantee the right to be provided with legal aid by the state."

Amnesty International has appealed for people to write to the Namibian government ask it to "uphold their obligations under domestic and international law to provide legal assistance to the 128 accused".