Caprivi treason trial delays unacceptable, says Amnesty

The long delay in the trial of 122 Namibians accused of treason amounted to justice denied for the defendants, Amnesty International has said. To mark the almost four-year delay in trial proceedings of the 122 defendants, the rights group released a new report on Monday titled "Justice Delayed is Justice Denied - The Caprivi Treason Trial". However, the Namibian government told IRIN on Monday that some of the delays in the trial were caused by circumstances "beyond government's control". The defendants are accused of high treason, murder and other offences in connection with an attack by secessionist rebels on the Caprivi regional capital of Katima Mulilo in August 1999. "The defendants have remained in custody for close to four years, awaiting the resumption of their trial which is now scheduled for 27 October 2003. When the treason trial resumes in October, the right of the defendants to a fair hearing may be seriously undermined," Amnesty said in a statement. The organisation said the pre-trial rights of the defendants were violated following their arrest. "Most of the 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 approximately three weeks." However, deputy permanent secretary in the Namibian department of foreign affairs, Hinyangerwa Asheeke, told IRIN that "in every legal case you have procedures to be followed". He added: "On our side we are satisfied that these processes have been followed. The process may have been long, but some of the [delays] were due to circumstances outside of government control". He could not comment on the alleged ill-treatment of the defendants as he had yet to read the report. Amnesty, meanwhile, said it was concerned that "at least 70 defendants may be prisoners of conscience". Some appeared to have been arrested 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. The 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," Amnesty International said. The rights group said the Namibian authorities should ensure that all statements extracted by torture or ill-treatment would not be brought as evidence in court, in accordance with the government's obligations under the United Nations Convention Against Torture. For the full report go to: http://amnesty-news.c.tclk.net/