Prisons battle with ‘men acting like women’

Commissioner-General of the Namibia Correctional Service (NCS) Raphael Hamunyela says the law only requires the separation of biologically male inmates from biologically female inmates, and no other genders have been catered for.

But even amid this impasse, prison authorities have ensured that inmates who identify as anything other than their biological sex are kept in single cells.

Hamunyela was responding to allegations by transgender woman Ashanti Koos, who was arrested at Gobabis and alleged that she was kept in a cell with male inmates.

She added that prison cells are ‘horrible’ places for LGBTQI+ offenders.

Koos, who was arrested on charges of fraud dating back to 2019, said she fears for her life.

"I am afraid of what might happen to me if I am placed in a cell with men. They will take advantage of me and might be verbally and physically abusive," the 24-year-old said.

‘Namibians like lying’

According to Omaheke regional commander, Commissioner Andreas Haingura, Namibia does not have laws in place that guide the police and prison staff on the rights of transgender persons in cases of detainment.

"What laws are there in Namibia to guide us in such a situation? Zero. Why is this one saying his life is in danger? Luckily, I was the one to deal with this person. I don't know why Namibians like lying.

“This person - I will call him ‘him’, and not ‘her’ - I made sure to transfer to Witvlei in a single cell. I don't know why he said he is afraid to share a cell," he told Namibian Sun.

Haingura added that although there are no laws to guide his staff on how to uphold the human rights of LGBTQI+ inmates, they are still separated from heterosexual, cisgender inmates.

According to him, Koos was granted bail of N$5 000 - which she said she could not afford - prompting Omaheke regional crime investigations coordinator, Deputy Commissioner Chris Kalimbula, to ask the court for bail to be reduced to N$3 000, to which Koos initially agreed.

"The court then agreed to reduce the bail to N$2 000, then he changed his story and said he could only afford N$500. All we wanted was for him to pay the bail and go. I don't know why they want to dirtify the police. Let him just pay the bail and he can be free," Haingura said.

Separated

Commenting on the general rule, Hamunyela said prisons try to protect the rights of affected people, despite the absence of laws.

"The law says that inmates should be separated by categories based on their sexual orientation and age, males and females separate. We are faced with a challenge where some community members are behaving like females when they are males by birth. When they come to the correctional facility, males [dress] like females because of their so-called rights, portraying themselves as women,” he said.

He, however, added: “We don't mix anyone. Males or females, because everyone has their category”.

“For his [Koos’] security, we won't mix him with anyone. If we have to mix a male acting like a female, that will just be for a few minutes in the courtyard, but they will not leave our sight. We cannot allow anything bad to happen to any inmate because we know that's how they act in the street before they come to prison. That's why we separate those kinds of people from the start."