Business unusual: End police brutality/impunity now!

Following my recent interview with Desert Radio on the allegations of police brutality and torture levelled against the police, it is imperative to delve deeper into the urgent need for the enactment of the Prevention and Combating of Torture Bill and comprehensive police reform. The mantra of Namibia's 8th administration is 'Business Unusual'.This slogan promises a departure from the status quo, a commitment to swift and decisive action in addressing the nation's most pressing issues. Yet, as we stand seven years after the introduction of the Prevention and Combating of Torture Bill, the reality seems far from this promise. This 2019 bill remains unpassed, leaving a significant legislative gap in the protection of human rights.To understand the gravity of this delay, we must first distinguish between police brutality and torture. Police brutality encompasses various forms of excessive or unnecessary force used by police officers, ranging from verbal abuse and intimidation to physical assault and unlawful killings. While all forms of police brutality violate human rights, they might not always meet the specific legal definition of torture.Torture, as defined in the bill and drawing from international law, involves the intentional infliction of severe pain or suffering, whether physical or mental, by a public official for specific purposes. These purposes often include obtaining information or a confession, punishing the victim for an act they or a third person have committed or are suspected of committing, intimidating or coercing the victim or a third person, or for any reason based on discrimination of any kind.The distinction is crucial. Torture is a particularly heinous crime that demands its own distinct legal recognition and carries appropriately severe penalties. The Prevention and Combating of Torture Bill aims to specifically criminalise these intentional acts of severe pain and suffering committed by public officials, providing a stronger legal framework to address this grave human rights violation beyond existing assault, assault GBH, or attempted murder charges. This bill recognises that torture is not just another form of brutality; it is a deliberate, calculated act that inflicts profound physical and psychological damage.Concerning lack of urgency The protracted delay in passing the Prevention and Combating of Torture Bill is a significant human rights concern. It being under review seven years later indicates a lack of urgency in enshrining robust legal safeguards against torture and ill-treatment. This delay leaves a legislative gap, forcing reliance on broader charges like assault, assault GBH, or attempted murder, which may not adequately capture the specific gravity and nature of torture. This legislative gap undermines the enjoyment and exercise of human rights, particularly the right not to be subjected to torture.In the same vein, recent reported incidents of police brutality are equally concerning and disturbing. The alleged killings of truck driver Eliud Hamukwaya at a roadblock in Ohangwena and a Yango driver in Windhoek raise serious questions about the use of force by law enforcement officials. International human rights standards dictate that the use of lethal force must be strictly necessary and proportionate to a legitimate threat to life. These incidents warrant thorough, independent and transparent investigations to determine if excessive force was used and to ensure accountability.Regrettably, the current Namibia Police Internal Investigations Department/Unit lacks the requisite independence for such investigations. Arguably, a body similar to that of South Africa's Independent Police Investigative Directorate (IPID) is needed. IPID, specifically, provides independent oversight over the South African Police Service and municipal police services by conducting impartial investigations of criminal offences allegedly committed by police officers. Establishing a similar body in Namibia would be a significant step towards ending the impunity of police brutality.The accusations of police brutality against community members in Uis are equally alarming. Andrew John-Kelly's allegations of being beaten and kicked in police holding cells, if proven true, constitute a clear violation of the prohibition against cruel, inhuman, or degrading treatment. This highlights a potential pattern of misconduct within certain units of the police force that needs to be addressed urgently.Strengthen oversight bodiesWhile Namibia's commitment to the Mandela and Bangkok Rules is commendable, the persistent reports of police brutality directly contradict these commitments. These international standards emphasise the humane treatment of arrested, detained and convicted persons and the absolute prohibition of torture and other ill-treatment. The gap between stated commitment and reported reality needs to be bridged through concrete measures, including effective training, oversight mechanisms, and accountability for violations.The broader issue of accountability and impunity is also at play. Thanks to the media for publishing these concerning and disturbing incidents of police brutality and torture. It warrants stressing that the lack of a specific law criminalising torture and the continued occurrence of alleged brutality raise concerns about whether perpetrators are being held fully accountable for their actions. The enactment and eventual implementation of the Prevention and Combating of Torture Bill is crucial in strengthening this accountability framework.In conclusion, the speedy passing of the Prevention of Torture Bill, the reformation of the Namibia Police Internal Investigations Department/Unit, and ending the impunity of police brutality would be proof that it is indeed 'Business Unusual'. These actions would demonstrate a genuine commitment to human rights and the rule of law, ensuring that Namibia's citizens are protected from torture and ill-treatment by those entrusted with their safety. The 8th administration has the opportunity to make a decisive break from the past and set a new standard for justice and accountability in Namibia. *John B. Nakuta is a social justice scholar. He is a life activist on justice, human rights, the rule of law and governance. This article is written in his capacity as a trustee for the Economic Social Justice Trust (ESJT).

Business unusual: End police brutality/impunity now!

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Namibian Sun 2025-05-19

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Business unusual: End police brutality/impunity now!

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Namibian Sun 2025-05-19

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