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AMNESTY INTERNATIONAL U.S.A. SOUTHERN AFRICA COORDINATION GROUP 9007 Garland Ave. Silver Spring, Md. 20901 Tel: 1301 I 581-&428

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AIUSA Prisoner Update Ivan Morris Fund The Region * * Congress: Export Administration Act Profiles of Banned POC's * Winnie Mandela * Christian Beyers-Naude On-going Human Rights Violations in Namibia Urgent Actions Clippings * In and Around Namibia * Homelands and Black Spots: Removals, Protests, Detentions * Votes on Constitutional Changes * Trials and Bannings * U.S. -South African Relations

Amne.ty International Ia • worldwide hul!llln rlghta rnowment whtcn wonc. tmpertlally for tne ,.._.. ol pri~C~MB at con8CI8noe, men lnd women ~ned an~ tor their belief a, cot or, ethnic origin, -· religion or t~. piO'IIded tlwy ,_neither UMd not lld\'oCatecl vtol8nce. Amne.ty tnt.,. tonal ~ torture lnd the deattl penalty tn Ill c&M8 without ,._alton lnd advocat• fair lnd prompt trilla for all political prtaon.rw. Amne.ty tntematlonalla lndac*ldent olatt gowmrnenta, poHttc:al f8Ctlona , ldeotogt•, economic lnt-ta lnd reltgloua CI'Mda. It hu conauttatl\le atatua with ti'MI Unttad Nattona (!C080C), UNESCO and tne Council of Eui"'O)e, nu OOOC*'8tl\le relattona with the Organization of Afr1Can-Untty (Bu- for tne P'-"ent and Education ol African Re111~) . Amne.ty IMamattonet ._ tl'le recipient of tl'le 1877 Nobel Prize for Pt.ce. '< AIUSA PRISONER UPDATE (12/18/83)

This update highlights only those changes in prisoner status or prisoner assignments made since Circular 14 was published. We have had some releases of trade unionists in the . Unfortunately, though, we have a number of new cases. Amnesty has taken up cases of young students detained, some medical doctors, and a number of new cases in and Namibia.

Newly Assigned Cases to the U.S. Section

156 (Huntington, New York) SADA WILSON SINYEGWE 192 (Berkeley, California) SADA SAMUEL TSHIAKHUDO 37 (Minneapolis, Minnesota) SADA PETRUS MUDZIELWANA Not assigned as of prBss data - SADA RONALD MAKHONO All four prisoners are in their early 20's. They are among at least nine people detained in Venda on or about November 4, 1983. First helq under Section 22 of the South African General Law Amendment Act of 1966, which remains in force in Venda and permits incommunicado detention without charge for 14 days. Thereafter, these prisoners were trans­ ferred to detention under Section 6 of the South African Terrorism Act which remains in force in Venda, although re­ pealed in South Africa in 1982. This permits indefinite incommunicado detention without charge or trial for inter­ rogation. The place of detention is not known. Apparently, the detainees are being held at local police stations in Venda and possibly being moved around.

68 (Lexington, Kentucky) Investigation/Namibia IMMANUEL MOONG:O Arrested in September 1983 in . Postal Clerk at Oniipa, Ovamboland. 286 (Salinas, California) Investigation/Namibia SIMON HANGULA

Arrested in July 1983 in Ovambo1and. Evan~elist in the Evangelical Lutheran Ovambo-Kavango Church (ELOK) at Ekoka, Ovambo1and, Namibia. 274 (Santa Cruz, California) Investigation/Namibia GIDEON NESTOR

Arrested in mid-October 1983 in the Kavango district of northern Namibia. He is the chief accountant employed by the Kavango administration.

(?) (Kinai, Alaska) Investigation/Namibia JAAKKO KANGAJI Arrested in mid-October 1983 in t he Kavango district of northern Namibia. He is a school teacher at Nkurenkuru Village in the Kavango district. Possibly held at Rundu.

These prisoners are currently believed to be detained without charge or trial in Namibia under Proclamation AG 9 of 1977. This permits indefinite incommunicado detention without charge or trial and is widely used by South African security forces in northern Namibia against people suspected of opposing continued South African administration of the territory or of supporting the People's Organization (SWAPO).

220 (Port Angeles, Washington) SADA MUTTUZELI QABAKA A student, aged about 18. He was detained with other high school students in the Ciskei on or about July 27, 1983 and reportedly held incommunicado without charge or trial since then under Section 26 of the Ciskei National Security Act. He comes from Mdantsane Township.

50 (Chicago, Illinois) SADA (UA270/83) MVUYO MALGAS See details and picture of torture marks in the attached Urgent Action.

10 (Hanover, New Hampshire) SADA FREEMAN SIGOBELWANA A student at Zwelitsha High School, he is believed to be a member of the Congress of South African Students (COSAS) and was detained in early November by Ciskei Security Police in Zwelitsha, a black township in Ciskei. He is held under Section 26 of Ciskei's National Security Act which permits indefinite incommunicado detention without charge or trial for interrogation purposes. The place of detention is unknown. 54 (Cambridge, Massachusetts) SADA SIPHO SITYEBI Student aged about 18. He was detained with other high school students in Ciskei on or about July 27, 1983, and has reportedly been held incommunicado and without charge or trial since then under Section 26 of the Ciskei National Security Act. He comes from Mdantsane Township.

64 (Berkeley, California) SADA VUKILE MAKI A student at Wongalethu High School, he is believed to be a member of the Congress of South African Students (COSAS), and was detained November 1, 1983 by Ciskei Security Police in Mdantsane, a large black township in Ciskei. He is held under Section 26 of Ciskei National Security Act which permits indefinite incommunicado detention without charge or trial for interrogation purposes. The place of detention is unknown.

95 (Cape Cod, Massachusetts) SADA DR. FAITH MATLAOPANE Aged JO, medical doctor at Evendale Hospital near Pietermaritzburg. He was detained with about ten others, most on November 24th, and now held under Section 29 of the Internal Security Act which permits indefinite incommunicado detention without trial. Security police have given no reasons for his detention and his place of imprisonment is not known.

89 (Rochester, New York) POC DOUGLAS LUKHELE/SWAZILAND A former judge now practicing as a lawyer, was detained on August 24, 1983, shortly before he was due to attend the High Court to hear judgment on case brought before his client, Queen Dzeliwe of Swaziland. He was detained along with Arthur Khoza, Permanent Secretary in the Ministry of Agriculture, and one of Queen Dzeliwe's advisers. These arrests are con­ nected with a major constitutional dispute affecting the royal family of Swaziland. Both men are being held under detention orders signed by the Prime Minister, which are renewable and effectively provide for continuous and indef­ inite detention without trial. 55 (Chicago, Illinois) POC VERA CHIRWA See Urgent Action on Vera and Orton Chiva and please read the article on Malawi.

CLOSED CASES

10 (Hanover, New Hampshire) SADA PRISCILLA MAXONGO 26 (New York, New York) SADA SIMON WA YENE 159 (Arlington, Virginia) SADA MELVIN MAMPUNYE 53 (Fayetteville, Arkansas) SADA THEMBENKOSI MATUTU 86 (Cincinnati, Ohio) SADA MICHAEL MNIKINA 137 (San Diego, California) SADA NORMAN BONANI IVAN MORRIS FUND

AIUSA adoption groups have been fortunate in being able to provide relief to their prisoners in need of relief. i There are many adoption groups which send no relief. In many cases send relief is impossible because contact cannot be established with prisoners or their families; there may be no need for financial assistance; or foreign support may be too dangerous. Because some groups cannot send relief directly, the burdens and rewards of participating in relief programs are shared unequally by groups. If your adoption group cannot send relief to your own prisoner, you can still participate in relief programs by making contributions to the Ivan Morris Prison Relief Fund. The Ivan Morris Fund matches relief grants of up to $250.00 a year sent by adoption groups to their prisoner or prisoners. Last year the Ivan Morris Fund made 84 relief grants totaling $18,000. The Fund hopes to have sufficient money to make even more matching grants this year, but the Fund does need the help of everyone in the US section to accomplish this. We urge those groups not sending relief to your own prisoners to make a contribution to the Ivan Morris Fund. Please send contributions to the Fund in care of Sarah Krakauer, AIUSA, J04 West 58th Street, New York, N.Y., 10019. Your contribution will be greatly appreciated. MALAWI

Malawi has been ruled by Life President Hastings Kamuzu Banda, an outspoken foe of communism, since its independence in 1964. Aside from the presidency, he controls four ministries and reportedly approves alI Malawi passport applications and employment permits for foreigners. He has established a rigid moral code in Malawi, banning shorts, trousers or skirts above the knees for women and long hair or flared trousers for men.

President Banda is the only public black friend of white ruled South Africa, which he officially recognized in 1967. He was the first African head of state to visit South Africa, and later made it his biggest trading partner. There is little doubt that Banda's South Africa connection has helped Malawi, as South Africa financed the construction of Malawi ' s new half-bill ion dollar capital at Lilongwe.

After reports of a Cabinet meeting in May 1983 at which Banda told ministers he had been ordered by his doctors to rest for a year, a power struggle erupted. At that time, Banda announced his succession plan. It was to make his nurse and long time companion, Cecilia Kadzamira, his vice­ president and John Tembo, the governor of the Malawi Reserve Bank, the prime minister. In mid-May of this year, three senior cabinet ministers and one member of the National Assembly were ,reported, by the government, to have been killed in a car crash. There were reports, however, that the men were killed after backing the ruling 's secretary, Dick Matenje, in the power struggle. The four men were buried privately with no state funeral and the specific site of the accident has not been disclosed.

Amnesty International's main concerns in Malawi in 1983 centered on the arrest and trial of Orton and Vera Chirwa. They, along with their son Fumbani(aged 27), were seized on the border between Malawi and in December 1981, where they had been I iving in exile since 1964. Mr. Chirwa is a former Minister of Justice and Attorney General of Malawi, and Mrs. Chirwa is the first woman barrister of Malawi. They were detained and charged with treason. This charge agains~ them related to their formation in exile of the Malawi Freedom Movement in opposition to the Banda government. On May 5, 1983, they were convicted of treason and sentenced to death by the Southern Region Traditional Court, which is presided over by chiefs who are not required to have any legal training. A month later, they were rumored to be due for execution on June 9, but after many international appeals, the Malawi government stated that the couple had lodged an appeal and that this had yet to be heard. Th i s appeal against both conviction and sentence opened in the National Traditional Court of Appeal on September 13, 1983. An Amnesty International observer who visited Malawi from September 20-23 to attend the proceedings was denied access to them. However, the observer found that in some respects, the proceedings before the National Traditional Court of Appeals were not being conducted in accordance with internationally accepted norms. In particular, the defendents were not permitted legal representation. They were also denied legal representation when they were tried in May and sentenced to death. In addition, during the trial they were not permitted to have evidence taken on commission in London. Amnesty Inter­ national does not believe they received a fair trial. Amnesty International's observer also made inquiries about the situation of thier son, who has not been charged or brought to trial. Malawi authorities have issued no word of him since his arrest. ------,

By world standards, Malawi is a poor country with an annual per capita income of about $200. However, unlike its richer neighbors, Malawi produces enough food to feed its people, and often has surpluses for export. The country has the characteristics of an "aggresively capitalistic society.'' President Banda is said to personally own nearly half of the entire national economy.

BOTSWANA

Amnesty International's main concern in the country of Botswana was the forced repatriation of four South African refugees in January 1981. This occurred after the government decided to move many South African refugees to Dukwe, northwest of Francistown, a camp previously occupied by Zimbabwean refugees. There was some resistance by the refugees to move, apparantly out of fear that the camp was vulnerable to attack by South African security forces and out of misgivings about the conditions. The authorities with­ drew recognition from four refugees and summarily expelled them to South Africa. They were then detained without charge for a time by South African pol ice. All four were believed to have been released before February 25, 1981.

Towards the ·end of March 1981, the Minister of Public Service and Information issued a public assurance, in response to this incident, that Botswana had not changed its pol icy of granting asylum to political refugees from South Africa. He insisted that "genuine and well-behaved refugees who cooperated with the government. would never be harassed during their stay at the Dukwe camp."

In previous years, Amnesty International's principle concern in Botswana has been the situation of political refugees from surrounding countries who have sought asylum there. Repression in South Africa and the war between African Nationalist guerrillas and the Rhodesian Front regime in Rhodesia in the 1970's led many hundreds of persons to seek refuge in Botswana.

Since the mid-1970's, South Africa has suspected Botswana of acting as a launching pad for guerrillas of South Africa's exiled African National Congress(ANC), as was reported in the Economist(July 16, 1983). The Botswana government has since stated, however, that they will not permit any ANC activity in their country.

Botswana, like many other African nations, is having serious financial difficulty, resulting partly from the serious drought effecting Africa now and the stagnant world economy. In response to the drought, supplementary food rations have been delivered and efforts have been made to persuade farmers to boost beef cattle sales to avoid over grazing. Botswana's balance of payments went from a $77 million surplus in 1980 to a $64 mill ion deficit in 1981. Diamond earnings, which accounted for 60% of the country's exports in 1980, declined 42% from 1980 to 1981. Wage freezes have also occurred. The economic outlook for Botswana is very bleak. On October 27th, 1983 the House of Representatives passed the Export Administration Act which included four South Africa related amendments.

1. The Berman Admendment, offered by Rep. Howard Berman (D-CA), will reinstate controls on exports to the South African military and pol ice which were put in place by the Carter Administration and then lifted by President Reagan. These controls cover so-called 11 non-lethal'' goods such as computers which increase the efficiency of the pol ice the military. Another amendment offered by Rep. Berman will strengthen the export controls on goods to South Africa.

2. The Solarz provision, introduced by Rep. Solarz (0-NY), has three parts: l)mandates compliance with the the Sullivan fair employ- ment principals for US corporations investing in South Africa; 2) prohibits commerical bank loans to the South African government; and 3) prohibits the importation into the US of South African gold coins, including the Krugerrand.

3. Rep. Wi 11 iam Gray (0-PA) offered, on the floor of the House, an amendment which would ban any new corporate investment in South Africa. It would not affect those corporations aready operating in South Africa but is considered a step toward removing all US economic support for .

4. The wolpe amendment, sponsored by Rep. Howard Wolpe (0-MI), imposes a 60-day waiting period for Congressional review of nuclear­ related material and services to countries not adhering to the Nuclear Non-Proliferation Treaty (NPT). This amendment would effectively stop the nuclear-related commerce with South Africa that is not ahead( outlawed by the Nuclear Non-Proliferation Act of 1978.

The Senate version of the Export Administration Act, which has not yet reached the floor, contains none of these amendments. Therefore the decision on whether to keep them in the legislation will be made by a joint conference committee, probably early next year.

November 17. 1983 ------PR OFILES --OF --BANN---ED POC'S

NOMZAMO WINNIE MANDELA, born in 1934 in rural South Africa, used to be a social worker with a diploma. She used to live with her husband, the president of the African National Congress who is now in prison for life. She used to reside in Johannesburg and at times participated in demonstrations on behalf of black civil liberties; she used to be quoted at length from speeches she made in conferences on behalf of black women's rights. Mrs. Mandela is no longer able to earn her living doing social work; she is restricted from meeting with more than one adult at a time, and she cannot enter any public facility including a schoo~ church or sodalcentre. She is required to remain at horne after 6 p.m. on weekdays and the entire day on weekends beginning 3 p.m. on Saturday until Monday morning 6 a.m. Her horne is now in Brandfort, a poor ghetto in Orange Free State, 200 miles from Johannesburg in a farmland region of white, conservative, middle class Afrikaners. She lives in two very small rooms with a kitchen, no bathroom, no electricity, and a pipe recently installed to the communal water pump in the street. In 1958, the year of her marriage and first pregnancy, Mrs. Mandela was arrested for the first time. In 1963 she was issued a two year banning order, followed by a five year banning order. In 1966 she spent one year and three months in detention and solitary confinement. In 1970 she was banned for another five years and restricted to house arrest. For one year beginning August 1975 she was released from banned status and participated in the organization of. the Black Parents Association, which advocated black pride and black unity. She was the mother of two daughters. She took part as a key speaker in the B1aclcl Women '• Eederation Conference of 1976. She was again arrested as a recognizable black leader in August 1976, again banned for five years. She was · 'banished' to remain in Brandfort in 1977, where she resides now. Throughout these periods of banning and house arrest, she has been charged with breaking the banning regulation by conversing on topics such as illness and grocery products in the company of more than one adult. Aside from such technical misdemeanors under banning restriction, Mrs. Mandela has never committed a crime nor broken an~ law. Currently under constant police surveillance, Mrs. Mandela's home is recognized by the neighborhood as a place to receive first aid, overnight refuge, and a place to borrow books off a one-shelf library. Since 1982 she has been organizing a local effort to establish a medical clinic for the community of blacks faD whour · no established health.·care facility exists. The name 'Nomzamo' means "she who strives". PROFILES OF BANNED POC'S

Beyers Naude, perhaps the best known Africaner opponent of South Africa's racial policy, has been banned for more than five years. An eminent religious leader for many decades, Dr. Naude became director of the Christian Institute in 196J. Under his guidance, this group became one of the severest critics of the government and social structure in South Africa. After the shooting death of in 1977, 17 black consciousness organizations, the Christian Institu~e, and their leaders were banned. Under the five-year banning order, Dr. Naude was pro­ hibited from attending meetings, could not be in the company of more than one person at a time, was forbidden to enter an educational facility, could not address meetings or be quoted, and was restricted to the Johannesburg area. In October 1983, his banning order was extended for three years.

during the daytime on a street in - """ - ---..l.J:--.L. ON-GOING HUMAN RIGHTS VIOLATIONS IN NAMIBIA

During October, the South African Security Forces (SADF) conducted massive arrests in the Northern war zone of Namibia. More than 50 people were detained in the Kavango district. They are held under the provisions of Proclamation AG of 1977. The arrests were made among civil servants, teachers, priests, and even police. The reason for these detentions was said to be the infiltration of these professional groups by the political wing of SWAPO. The recent arrests are seen as part of the continuous effort of the SA Government to suppress and restrict all of SWAPO's political activity. This last crackdown happened shortly after a major SWAPO meeting in June of this year when the leadership decided to intensify the political work of the liberation struggle. One outcome of the meeting was the issuing of a statement calling on the Administrator General to agree to direct talks which would lead to the immediate implementation of the UN independence plan and the signing of a cease fire. The statement condemned the linking of Namibian independence to the withdrawal of Cuban troops from Angola and stressed that SA had no right to impose neo-colonial solutions on Namibia by establishing a State Council. The existing South African security legislation is followed in Namibia and makes provisions such as incommunicado de­ tention for an unlimited time. Under Proclamation AG 9 detainees have "disappeared," since ' their whereabouts or place of detention is often not even made known to close relatives, The recent arrests are particularly disturbing in view of known police brutality. Jonas Hamukwaya had been arrested in November 1982 and died within hours of his arrest. On October 11, 1983, one year after his murder, an inquest made by the presiding magistrate at RUNDU in the Kovango district revealed that Jonas Hamukwaya's death was directly attributable to ill treatment at the hands of unidentified members of KOEVOET, a special police counter-insurgency unit. Most likely, the individuals responsible will not face prosecution because the two sergeants and one constable involved are merely referred to as unidentified members of KOEVEOET. Please look for the recommended action on behalf of the new detainees in the attached Urgent Actions on Namibia. amnesty international INTERNATIONAL SECRETARIAT 1 Easton Street London WC 1X 80J Un1ted Kingdom

EXTERNAL (for general distribution) AI Index: AFR 42/22/83 Distr: UA/SC

lJA 236/83 Fear of Torture/Legal Concern 3 November 1983

NAMIBIA: Pastor Johannes SINDANO Remigius SIYAWE Malakia MUREMI Romanus KANDJIMI and others ======•=z======The above people are all currently detained without trial in Namibia under Proclamation AG.9 of 1977. This permits indefinite incommunicado detention without charge or trial for interrogation purposes and has in the past been particularly associated with the use of torture. Most of the detainees were arrested in the Kavango District in the second half of October 1983. It is not known where they are being held.

Pastor Johannes Sindano is a pastor in the Evangelical Lutheran Ovambo-Kavango Church. Remigius Siyawe, an employee of Kavango administration, was previously detained without trial ln November 1982. Malakia Muremi was previously detained for a time in November 1982. Romanus Kandjimi is a schools inspector in Kavango.

Some 50 people are reported to have been detained in Kavango in October 1983. The South African authorities have given no reasons for these detentions but it seems likely that the detainees are suspected of sympathizing with the South West Africa People's Organization (SWAPO), which has a legal wing in Namibia. Outside Namibia, SWAPO has another wing which is engaged in guerrilla warfare against continued South African administration in Namibia.

A number of the detainees were previously detained without trial in November 1982 but were subsequently released uncharged. At that time, two political detainees died in custody, allegedly as a result of torture, and a number of others alleged ill­ treatment. In early October 1983, an inquest ruled that one of the detainees who died had been the victim of an unlawful and fatal assault by unidentified members of the security forces. At almost the same time, four members of the security forces went on trial to face charges arising from the death of the other detainee, who died after allegedly being beaten and made to run for some miles until the point of exhaustion in front of a military vehicle. Their trial is continuing. . .. I ... RECOMMENDED ACTION: Telegrams/express letters /airmail letters expressing concern about the recent detention of these and other people in the Kavango area and urging that they be released immediately if they are not to be charged with criminal offences and brought to trial. Seek assurances that they are being treated humanel y while in detention and request clarification of their whereabouts and their access to lawyers and relatives.

APPEALS TO: His Excellency Dr Willem van Niekerk TeZearams to: Dr ;;an Niei<.eri<., Administrator-General for the Territory A dmi~istrator-GeneraZ, Ni ~dho ei<., of South West Africa Namibia Berg Hotel, Private Bag 1327 / 8 Windhoek, Namibia (South West Africa)

Major-General Dolf Gouws Te iegrams to: PoZice Commissioner Commissioner of the South West Do Zf Gouws, ~i ndhoe i<. , Namibia African Police Police Headquarters Windhoek, Namibia (South West Africa)

Colonel Sarel Strydom TzZ ;zgrams to: He ad Secur-!, t y P~Lice Head of Security Police Str-:~riom, Wi ndh.o ek, .'iamibia Police Headquarters Windhoek, Namibia (South West Africa)

Hon L. Le Grange Te Zegrams to: t'>!inister Law and Minister of Law and Order Order Le Grange, Pretoria, Ministry of Law and Order South A f!""~ca Union Buildings, Pretoria, South Africa

COPIES TO: - S. Kamwanga, Chief Minister of Kavango, Kavango Administration Office, Rundu, Namibia (South West Africa) - Windhoek AdVertiser, PO Box 56, Windhoek, Namibia (South West Africa) - The Editor, The Star, PO Box 1014, Johannesburg, South Africa

- ~uth African Press Association, PO Box 7766, Johannesburg, South Africa - South African diplomatic representatives in your country. Please try to orgfZTiize some appea Zs from CHURCH GROUPS and/ or EDUCATION PROFESSIONALS. PLEASE SEND APPEALS AS SOON AS POSSIBLE. Check with the International Secretariat if sending appeals after 3 December 1983.

- Pteaae take action as soon as you receive this Urgent -The name of Amnesty international may be used, Action appeal. Carefully read the recommended action. although letters written in a private or personal capacity If possible, send a telegram or express letter immedi· may be !f10re effective. ately to one or more of the addresses given. Other - Copies of appeals should be sent to relevant diplomatic letters can be sent afterwards. representatives in your country.

-Telegrams and letters should be brief and courteous. - In Urgent Action cases, Amnesty International has to Stress that your concern for human rights is not in any act rapidly to prevent the ill-treatment of prisoners. An way politically partisan. Refer to relevant provisions in appeaJ is issued when Amnesty International believes it International law, such as the United Nations Universal has received reliable and accurate information in such Declaration of Human Rights: cases. It is not always possible to verify ali details inde­ pendently and in some instances the situation outlined Article 3 - "Everyone has the right to life, liberty in the appeal may change. Urgent Action participants a_nd security of person." are always notified of any significant new facts. Article 5 - "No one shall be subjected to torture -Copies of any replies received from government author­ or to cruel, inhuman or degrading treatment or ities should be sent immediately to your section's punishment." Urgent Action coordinator or direct to the Campaign atnnesty international INTERNATIONAL SECRETARIAT 1 Easton Street London WC 1X SOJ Un1ted Kingdom

EXTERNAL (for general distribution) AI Index: AFR 42/21/83 Distr: UA/SC

18 October 1983

Further information on UA 268/82 (AFR 42/18/82 26 November, AFR 42/19/82 1 December, AFR 42/20/82 15 December, AFR 42/19/83 14 September) -Torture/ Legal Concern

N&~IBIA: About 25 arrests

==~======Amnesty International has received further news concerning Jona Hamukwaya, who died in the custody of South African security force personnel on the day of his arrest, 18 November 1981.

An inquest into his death was held at Rundu in the Kavango District of Namibia during early October 1983; this concluded on 11 October. The presiding magistrate, A.H. Coetzer, ruled that Jona Hamukwaya's death was directly attributable to ill-treatment at the hands of unidentified members of a special police counter-insurgency unit known as Koevoet. During the inquest, three members of Ko~t - two sergeants and a constable - were warned that they might face possible prosecution as a result of Jona Hamukwaya's death. However, the finding of the magistrate that his death was the result of "an unlawful act or omission" by unidentified members of Koe~t suggests that no prosecutions may result frcm the inquest ruling.

At the inquest, Jona Hamukwaya's wife gave evidence that he had been arrested by four members of Koe~t, one of them white and the other three black. She alleged that her husband had been beaten with rifles and had screamed. Pathological evidence laid before the inquest indicated that Jona Hamukwaya's body had borne several abrasions, bruises and contusions. There had been brain haemorrhage and extensive subcutaneous haemorrhage in the lower back. His death appears to have been caused by injuries to the head. Police evidence before the inquest was that Jona Hamukwaya had been arrested at Namuntuntu village, where he was a teacher, and had then been taken blindfolded with his own vest to a police base at Nkurunkuru in Kavango. The police alleged that Hamukwaya had sustained injuries when he had slipped and had fallen down a flight of stairs at Nkurunkuru police post while being escorted by two police officers, one at each side. The inquest court did not accept this account as a satisfactory explanation of the injuries which Jona Hamukwaya had sustained and which caused his death.

Further recommended action: Please continue to send appeals: - expressing very serious concern over Jona Hamukwaya's death in detention in November 198\ and the inquest finding that this was caused by an unlawful act by members of Koevoet; ... I ... - urging the establishment of a full and independent inquiry into allegations of torture and ill-treatment of political detainees in )lamibia; - calling on the South African authorities to introduce immediately full safeguards for the protection of all political detainees from possible torture or ill-treatment, including particularly the withdrawal of legislation providing for unlimiced incommunicado detention; right of immediate access to detainees by relatives and legal counsel; access to all detainees by an independent humanitarian organization with appropriate expertise.

Appeals to: His Excellency Dr Willem van Niekerk Major-General Charles Lloyd Administrator-General Commander-in-Chief Private Bag 1327/8 South African Defence Police Headquarters Windhoek, Namibia (South West Africa) Windhoek, Namibia (South West Africa)

Major-General Dolf Gouws Hon. Louis Le Grange Commissioner of the South West Africa Police Minister of Law and Order Police Headquarters Union Buildings Windhoek, Namibia (South West Africa) Pretoria, South Africa

Hon. P.W. Botha Prime Minister Union Buildings Pretoria, South Africa

Copies to: The Editor The Editor Windhoek Advertiser Windhoek Observer POB 56 POB 3717 Windhoek, Namibia (South West Africa) Windhoek, Namibia (South West Africa)

South African Press Association POB 7766 Mutual Buildings Harrison Street Johannesburg, South Africa

and to South African diplomatic representatives in your country.

- Please take action as soon as you receive this Urgent -The name of Amnesty International may be used, Action appeal. Carefully read the recommended action. although letters written in a private or personal capacity If possible, send a teleg~am or express letter immedl· may be more effective. ately to one or more of \the addresses given. Other - Copies of appeals should be sent to relevant diplomatic letters can be sent afterw~rds. representatives in your country. \ -Telegrams and letters shoufd be brief and courteous. - In Urgent Action cases, Amnesty International has to Stress that your concern for human rights is not in any act rapidly to prevent the ill-treatment of prisoners. An way politically partisan. Refer to relevant provisions in appeal is issued when Amnesty International believes it international law, such as the Un~ted Nations Universal has received reliable and accurate information in such Declaration of Human Rights: cases. It Is not always possible to verify all details inde­ pendently and in some instances the situation outlined Article 3 - "Everyone has the right to life, liberty in the appeal may change. Urgent Action participants and security of person." are always notified of any significant new facts. Article 5 - "No one shall be subjected to torture - Copies of any replies received from government author· or to cruel, Inhuman or degrading treatment or itles should be sent immediately to your section's punishment." Urgent Action coordinator or direct to the Campaign ------·-- amnes-ty intern~iio~aJ ~ ~~--~~_._.._._.

UA 262/82 F'!u o~ ':'ortur~/ :.~al Cor:c~: •"~ 2 'J~c~tllber 1983 i~bi.a: lC ...,. A.l.at Jlak.mga. 1.u:al pol.i .. i.ci.~

:tos:uos f< a.l.:a.: M.ikanq• was arr~sted ·..n Windhoek, the capital ot Namibia, in late ::~ '"'""~er ~ '8.., 1r.O.: : ·: · ~ .:S :-. ;w - .::.:.ng : ; ::: ~j ..... , iHcoi11J1 l;; ; .. ...c•d0 de -.i! l.t:.1cn ·~nc-=c t.h~ provl­ sions of P:oclaiZlation Ag. 9 of 1977 , :'~ is leqi.sl.ation empowers me u; oer5 cf the securi­ ·:y forces tc· d~uin any ::>erson ln incolft m unicado and wi thout ch.ug>! or trial for .l!'\ £nitial 3v da~: s, fo.U~winq wh1ch the period lii•Y be ~xtenc-ed indt!finit~ly by th~ 3cut."l ..\frican Ado ... ~isu>~tor-GenerAL M•ny detdnee'9 held und~r this \:'rov:.Sion in the past h~ve all~ed torturf!. Two detainees held under Proclamaticn Ag. 9 died in November 1. 982 an in':}uest fou nd that one w-as the victi:n of an uzu.a ·.,.ful and fati1 ·ass:aiilf- a:td ;;ec'J.I'ity p.er..;....,l" ':el wer~ charged with causing the death of tne other.

K on Ill os ~ .L..o~ c. :-!1 iu.n q a is a "ember -.:.f the N am ib.i<~n C hr!3ti4n :: '!-a: oc::: a de J? a~ty (NCCP: .tnc a mr ~r1..; · ~r. of z-. te Kavango L!!gis.l..ative i\sseably. ':' he !Cav•ngo Lco.gislative Aaae11bly is an elact.~d body representing me11bers of the !C avango ethnic group in not:thern !1 ~mibi.:s. Si:;'l !lar .:..oc;~1 authorities, com !Dinly 'c:nown a3 'second tier' aut!lc: ~­ ties, eJC.i.st fer th-. l~ ot.l.;C t!thnlc groups into which the population of N a:nibia h•• been divided under South Afri=•n administration.

Kos111os Kaht :-takangeportedly told b~· the soldiers who arrested Koszaos Kalat Makanga that she would noo: see hill again. aowev~c, he was subsequently released uncharged after about three we~ks in detention. St! YI!S re-detained in Kavango in latt'! July· 1983 and again held under Proclamation Aq. 9 '"'e is belie•Ted to have been held for .tbout thr~e aor--:hs. Shortly after hi..s 1'!lease, l'1t1! is reported to have appeared ac a presa conferenc~ in Tsumeb at 11hich the leader of the NCOP presented to journa.lists f ·~ur for:ner deta.tnees who alleqed torture at the hand3 of South African security p~r :: onr.el. At thf! tim~, Xosmos I &lat. Makang3 was apparently not identified for f~ar of re.criminations. Be then went to Windhoe~ a~parently because he feared that he would be detained if he r~t· , rned to the !': avango district.

Rill place cf detention since his ur~Rt in 2f(")V411!'ftber 198J ia not lt~wr· ""c t!•"' ,..c;;.,.~.~ Afn.;"n ~uthorities h•ve given no information about him other th;&n that his det~ntion is under Proclamation A g. 9.

Namibi.J has been undu direct South African administratiun since 1915, ceapite de'l!lan1s by t he r_Tnited Natio~!:l '1ince 1966 for South Africa to wit. hdraw from N alllibia .tild r:~W.nqs tha ·: its continued occupation of the country is illegal. The Sou>:~ W

OA :s.usJ De« i~t P!m~ ~ ~..b U:ica· 11aJ.~l~ ~nlo,~;nHoJ.oifie

.\:~nest-; ::.~t~rnal!ien:ll is ~on.:.:>!·:~-ed :i::c~ :: ~a..L.;e:.a j~nj.a : ::n "\<:.:-:~:;.sf!, !lg'!d 2!, ..,ho i1 :1s exnawst;!d . ~ ilFP~tt~ aq::.!..'l~t '1:.3 .:!<:!a~!l · ~ ~::t.;:n.=~ '"nd .,c., i3 '3:::-;.;:~'! :;:::~=~r:::::.::q a ?~titian i!or ~.!.-!m~,1cy :o ~.!'t:! ~tat~ ?r3sJ.clen ·~.

M-~e.W ~~nj~!lli."l !1\olc~e ·.ras So! !: ':.~!1c~.C :o deac."l :~n 5 J ·:ne 1 393 after b~inq r:or.vi:::<:~c 'oy t~~ P!' ~tc-:ia Su!;)r~ :ne C ~·!rt en charges of :: •.;.r ,:br. :i ~ "~ u .l.:..l1!4Jec to ~av~ !not dead -t ~ ~ck :n~::1 b'!r of :~e South A!ri.:3n Sec'.l:it:; .?_,li:e, :i .l.:'r;;l:-:~ C ffic~ ?~pus Sele~e. L~ · Nov'!~b~r 1982.

J-::.llow1..!'Vj t!':'! i::t?osit:.cn of ~h~ death sen1:~nc~, Ma~41fl-' !t'!•):,;;ia.e ·3 l,a ·.o ters .;tp~!ia-d tor ~. ,, ._.r ':l ~· :: c:.~ ~ ~ncy is 1~ ni~d, i: !.:i '; ~

~a.ll.s-el.& 3enjam::: :"!.:..l;;~e is :J~ al!~-;~·..! '!Y~~a~!'lizer 'fi ;_t!l t!'le oan:11Ki .\ fric:3~ N .1ti~~'\a.l Con~r~ss.. ( i\ ~C) ! ;1c :..:.; .1 !=iit~~ of !-!arcus ~or..aunq, an .\!fC ~e&ber, vhc "HIS el":e<::Jtac !or tr~a-son ~nci o ;.:..'1!!.. oifences in June 1:39 '3. ~ a.llse~ M eloise had ·=>een e.:..llcd as A ~!.t:tess at ':.'-!e ':r"..al :t M;)rcua Mot.a•Jnq J.n-1 t"Wo others in lg:32. a., r~fus~~ ':O giv'! •·1ich"c~ Zcr the ~ta~e at that tri..ll. !) u:i..,-; -:he proc!!-t-1i..,qs. he ., u tak•n to ~r.d ~ro• t.~e cc· .l :,..-:~om by W -5rtan~ C ffi::~r Sel.!::'!, ., ho~ h~ i3 accusfl!d -::f ~1:1.u:d•r inq.

A nu!llb~ :;. !d lPe"o'!rs ot the :tnc in·.-el·T~d itt gue~:i.llol a.:tivities hav" oeen ~ntenc:ed to deat."'l in recent years. The m:~Y.,rity o~ .. !-If!~'! ~ .!-;-~ ~ · ~n 3ente~c~ , : :0 d~ath br ~rea:;on. G

;\;Dnasty Into1:national opposes the deatil penalt7 i.., .all cases ~ ·:3 a v:i.olati:::~ of the dg!'l: to life a.'1d the riqh~ ~ot to be subjected to crueL in!'lu:ah 3nd dego:~r!ittq treal:llh!.r;+: or puni:otoaer.t, u proc.l.ili:.-~ed in the ilniversal Declar:s~...ion o! !itintan ~Ugl;!:,. ~~~ ff;nrJ.~ .~,~t .!!":ftZ ':'~legr.:.:'IIS/ a::.!":D"1.:.ll-!t1:.ers: ex-presa1n9 concern '\bout the re-detent.ion ''f :-tis ~~atment in detention: urging that.:. :1e be ~'-F~~.~ely tr .. ated ..,hile l:n ·~i!bn~i: · ; .4nJ t!'l-.:0: he b'l"! illlll•diat~ly <~llow ::d •cc!'SS '::) _· ·!.Llt!ves. l.eqal co~>1::>e.i ~nd ':l doc~or of :1....,. own choice: urqing tna1:. he be released immediately .Jnd •Jr.~ .,,..,.-,itic-.,,.1:; •.uuess ch~rge <1 wid'! a ::::-1.:r. • ·,u ~tT~nc~ :.:;nd br:::.. ~ .-;1t c.I:ial..

~l~ to: :as Excellency l)r Will~ ·: m 'Sieiteclc i'. d~ ;.nistr•~:o:-c~ne~al ?r .~ 'ioU:e Baq 1"127 IS, ~i '1dhoe.k Nazntbia {SOtJeh ~~- ~ ~fric<&) ------· · (t~leq~:aas to: nz: Van :::i

C{)lonel Sar ,_ L 3 tr 7d02 Head of Securiey 'P-:o:.Lce Police H~adGUar~~r~ Windhoek , l'l.1~ib ia \ sc~: ~n ., ·~s ~ A,.: r ic~ i (telegrams to: Colonel Strydom, ?Qlice Be•jquarters, ~indh~k, ~amibia)

Bt:iqadier Hans Dreyer Head of ~oev04!t; Koevoet Headquar~~rs OsMkati, Cwambo Naaibia (South West Africa) (teleqraiiS to~ Briqacier Or£:yer, !~vo~ .. ':ieac;~.;.u~'!!!

Major Gene-: al Dolf Gouws ·- -ea.~illsicxter of ~ -ehe South W.!K i.H-iGa--~Uc:• ------···- Police Headquarters Windhoek, Naaibia {South Wea1:. Afr~ca) (teleqraas to: Major General Gouva. Pelice a~adquut.ers. W ~ . -.:: h··.::ek, !lamibiai

Bon. LQlis Le Grange Minister ot Law and Order Union t''tP di~gs Pretoria, South Africa (telec)raJIS to: Minister ww order L.e Gnnge, Pretoria, South Afric.}·

Copi- tot Windhoek Advertiser pO· Box 56 Wind.'toek, Namibia (South. ll'est Africa)

Windhoek Observer P•J Box 3717 Wi~hoek 9100, Naaibia (South West Aft ica)

Bis Excellency Ambassador Bernardus G. Fourtie Bllbassy of South Africa 3051 Mas~ac:uJ ~t ':.s ~ve NW Washinqton DC 20008

Please send app~als as soon as possible. · Cheek with the Colorado office if sendinq appeals after 5 January 1984. ~n-e .•~ ... ":. •.on: te.i.~qta ':u/ .:t.i..· ~ :; :1J..I. 'i. et-.:ers ne •J:.' i:n?rison :"Hnt. Y;:;~ <.; ~y - ~t.al:'! .\mne:-=t:'' !n-.:er-ratior..:l.l.'3 ·.t nccndi :J.onal O:::' t;csit-.>n to t:> .j~ 'l.th 7i!C.alty.

:\.~~to: ~~.S ::::xc~l.:.en.:.; · .: :-larais Vil.jeen s~~:.e :?r:!::>·iC.ent •e,esic~Msic• E=:~t:r i on ?~eeori~. South ~fri~~ ' ':e l e-.;.; l:'Z\~~ to: State Fce-3ident f'4uais Viljoen, Pr"

~i~ to: 2~;1 . g .:1. Cce bee. ~- ? • :.;. ~tha Mi~~~ ~ ~r of Justic~ ?t'; '11>'" ' ... ~.., i ~~ ter Johannesburg, South Africa Union 3uildin~a ; ~ ;~ ~. em i'-4i.ldings Pretoria, Sa-.lt..h Africa , . ' :':!to ~ _ . , :5cut."t ~frit; ' · r.~ Zd -~ -:or -:'h ·~ 3a;.,e tan Po Ekx G:= ~~ Sis :::xcell~nCI ~:! cassacl ,;:;r Be. na~ J us '"; : ' .:;t: :t ~ ~ dleueMsit•u! 2 0 'JO Eme~s~y of Sou t ~ ~f:ica ;se..ik AlrlCill 3051 ~'~~achusett~ Av~ !~ 7 ':.ofashi ,• ~':"'n OC 20Cu8

r! : !~sf! ~e~d appl!a.i.s 3S soon as po~le. Check with the C;:jlor;. do · :; ~fl ee :.f S:'!ndinq .pp•a:L., a~~er 1? :r.~~~ar:.t l9U •

. .; . .

. ... . amnesty internatio·nal

L'A ol'fic" • P.O. Box tro • :"1/cdcrl~nd. CO R~6<> • 101 HO 0')1\

Further Information on UA 9b;83 (b ··~ay, 31 ,. ,ay , o June, 8 June, 22 August 1983) Malawi: Orton and vera Chirwa iS Oecemoer l.S83

Orton anC. Vera Chirwa's appeal before the Na':i.onal 'Tr aditional Court of Appeal s :..n Blantyre, which opened in Septemoer 1983, conc.ucec en 25 ,..;ovemoer 1983 . At tht'e close of the appeal hearing, the prosecutor called on L1e court to upholC: the deat , sentences 1mposeC: on Orton and Vera Chir-..;a in t·. ay ~ ?83 when they •..Jere conv1cted o treason by the Southern Region Traoitiona1. Court, ·wn :ch a~so sat i!1 3lanty:-e.

As yet, it is not known precisely wnen the -~a tiona .. i'rac. itional C:ol!L·t of Ap~ea.i. will deliver juc.gement. on the appeals against convtction an·: senter.ce croJgilt by Orton anC: Vera Chirwa. fiO I·J ever, it is expectec.. t :&at the verciicts wili te ! ~nown wit!1in the next few weeks. Thereafter, if one or ;:;>Oth of their oeath sentences are confirmed, the only remaining means of appeal is to Life-Presir:ent Kamuzu F:anoa, ,.talawi's head ·of state, who may cecice to exercise presic· ential powers of clemency to commute any aeath sentence. In the event or one or both sentences t,eing confirmeC:. 'oy the appeal court, it is feared that the cases may be refer reo to the i.i.fe-presicent, confirmed and carried out w itn tne minimum of C:.elay in order to forestall rene"'' ed international appeals for clemency.

Amnesty International believes that Orton and Vera Chir w a are both prisoners of conscience who have ::,een imprisoned because of their political views. Amnesty International 6oes not beileve that convincing evicience nas been proc;uced by the Malawi authorities to s;how that they have used or aavocated vioience.

In Amnesty International's view, Orton and Vera Chirwa C:.iO. not receive a trial that was fair anC. in accorciance with internationally accepteO. norms. A..~.though i•ialawi possesses a high court structure which is administered by a judiciary independent of the executive, this was not used for . the trial of vrton and Vera Chirwa. l·hey wece tried before a regional traditional court, at the direction of the Justice f'tiinistry, and as a consequence were denied· l:ights which would ha.ve been avaiiable to them in the high court. In partic(!l.ar, they were C:~nied legal repre::;entation for the~ Cie­ fense. There were also other serious shortcomings· in ti1eir triai: · the norrna.J.. rules of evidence applicable in the high court were not observed anci the court refused t!'le m permiasion to call certain witnesses ~n their defense or to arrange for evic.ence to be taken on commission from witnesses living abroad. They were triea before a panel of five chiefs who were not required to have formal. legal training ana ";hose security of tenure is insufficient to guarantee judicial independence.

Appeals to the regional traditional courts must be made to the National Tracii­ tional Court of Appeal. '~'his suffers from similar si:lortcomings - for example, C.efen­ dants are not permitted :egaJ. representation. In June lS83, it was rumourec' that the chairman of the National Traditional Court of Appea..:., Paramount Chief L>.'t"lcelwa III, had refused to participate in the appeal. brought by Orton and Vera Chirwa because of his personal respect and attachrr.ent for Orton Chirwa. subsequently, tjere were fur­ ther unconfirmed reports suggesting that Paramount Chiet i't' t'4 6elwa had attempted unsuccessfully to leave rula w i ana had been taken into custody. Amnesty Inter national is not abJ..e to confirm the accuracy of these rumours. 'I'he 1•1alawi press reported in late October 1983 that Paramount Chief ;ori't-Lbelwa had recently died and stated that a minute's silence was observeC. in tne NationaJ. Traditional Court of Appeal. as a mark of respect. Amnesty International is an independent worldwide movement working for rhe international protection of human rights. It seeks the rdeax of men and women detained anywhere because of their beliefs. color, 5e)(, ethmc ongin, lan~age or relig~ous creed, provided they have not wed or advocated violence. Thes<> - renned prisoners of conscience. It works for fair and prompt mals tor all pohncal pnsonen and worlc.s on behalf of such people JetJined wtdv-· trial It opposes the death penalty and rorture or ocher cruel, mhuman or Jewading crearment or pumshment of all prisoners without res-- Amnesty International remain::; concer:-.e.:: also about the s:~ u at i.o n of F um bani Chirwa, the son of Crton and Vera C!lirwa, wno .... ~ .s ar::esteC: toget.:er .• ,t~ n:.s pat -2 n cs on 24 Oecemoer l 98l lie 1; as not b.:c en seen since .:c1a: c~me an C: tt: e .. .3l3>'i. a uth o r~tie s ~ave L~il.e0 to d ... sc.J.ose :.:: etails of h~s current w :. -=rea~ct.;ts ar.d ~eq3l status Recenc unconr ... rme0 repo(tS suggest chat he may have d 1ed ._n .::.etention ;::, ut Amnescy [nterna­ tional continues to oe.J.i~ve that he is stili alive, aet.:aneci without charge or trial anc. proaaoly held at Zomba Prison. The circumstances of his arrest, together wit:1 his t?arents, remain unclear. The 1·ialawi authorities state that they we::e arrestee i.n si c~ e the country after entering it clandestinely from Zambia . Other sources, however, and Orton and Vera Chirwa themse.o.ves, have alleged tr:rougi1out that tney were forcibly abducted from Zambian territory by i•ialawian security personneJ... Fumbani Chirwa was the subject of a recent appeal by Amnesty International. ( U A 244/8 3 11 November).

Recommended Action: telegrams/ airmail letters: expressing concern about the imposition of death sentences on Orton and vera Chirwa, whom Amnesty International believes to oe prison­ ers of conscience and who were sentenced to death a.:ter a trial which was not fair ancl in accordance with internationally accepteC: norms; urging that, in tne event of one or both death sentences being confirmed by the i'i ational Traciti.onal Court of Appea~, the .L.ife-Presic..ent should exercise presicential po

Appeals should be sent to: His Excellency Ngwazi Dr H. Kamuzu Banda Life-Presiaent of the Republic of halawi Office of the President and Cabinet Lilongwe, ivsalawi (telegrams to: President Kamuzu Banda, Liliongwe, i'-lalawi)

Copies of appeals should be sent to: John Z . U , · .~.embo ~eci: ' a Ka~z~mi~~ Governor Office of the ?resi~ent ,{eserve Bank of ,,:alawi State ,,cuse POB 300153 Lilongwe, Malawi Lilongwe , L · ~a la,., i L'•acmillan Kamwana Hobson Chirwa Inspector-General of Po~ice Minister without Portfolio and Police Jeadquarters Administrative Secretary of L i i.ongwe, i•ta law i the L"iala~Ji Congress Party Office of the President and Cabinet '.L' imes of Zambia LiJ..on

Please send appeals as soon as possible. Check with the Co.wrado office if sending appeals after 27 .January 1984. amnesty international·

lnt crn.ttH> nJI ~n · rct .lr l. l! • I F ''wn Scree! • l o nJo n WCJ X .~ D_I En.: l.1nJ

UA 2 70/83 F'ear of 'l'ort t.: r:e : i'... egal (..o nc-e r:~ ~ 3 Oec.:mber ;. ::- 8 3 South Africa (Ciskei): Mvuyo Malgas

··• vuyo ••ialgas, a school stt.l-Cent, aged 19, from .•1d antsane To •..;nship, was first arrested by Ciskei security police on 2't August l ':i83 ar -:' t e: ken •.:ith other detainee students to t he Sisa Ducashe football stajium . :-fe was held incommunicaco anc is alieged t o ha ve 0een severe.Ly beaten with a Sj am :.:. o k, a ri·.:. noceros- hic e whip. After i nqui r i es by his l a ...I yer, he was moved to another p;.ace of deter.t 10 n. He 1.· as releasee 1n earl-y Octo ber l ':1d3 but chargee with "public viol ence " .

.• 1vuyo P1algas •.-1 as due to appear in court on 4 i.Jo ve mb er 1 9 83, but was again d etained by (.; i::>kei security po... ice on the eveni ng of 2 ,.J ove m bee. rl e has oeen held incommunicaC::o since that time and his pj.ace of detention is not known. It is feareo that he may again have been subject

There has been serious unrest in Ciskei since mid-July l9S3 when residents of ··ldantsane began a toycott of iocal bus services. l'l Ore than 100 people are known to have been aetaine.d without trial under security legis.~...ation. Hundreds of others have been charges with breaches of a curfew following a state of emergency imposed in Mdantsane in early August 1983 which is still in force . As many as 50 people ar.e alleged to have been kilied as a resuJ.t of t ~1e Ciskei authorities' atteml_)ts to break the boycott 'r:Jy force. Shortly after the commencement of the bus boycott, students in ,-tuantsane began a boycott of schooi.s in protest against C.etentions and the authori­ ties' attempts to break the boycott. 1-iany school students are among those known to have been detained.

Ciskei was declared "independent" by the South African government in December 1581, out has not been recognizee internationally.

Recommended Action: telegrams I airmail. 1etters: expressing concern abou-t the i~c~mmunicado detention without trial of ,.,vuyo l-ialgas and urging that he be promptly brought to trial or released; expressing concern at allegations that he was brutally beaten while in detention in August b&3 and seeking assurances that he will not be subjected to further ill-treatment; urging that he be granted ina meaiate access to lawyers ancl relatives; letters may urge that an independent judicial inquiry be established into allegations that i-t vuyo Nalgas and other detainees have been subjected to beatings and torture w hlle helC:: by Ciskei security po.J.ice and shouJ.d request that steps be t2. ken to prosecute those responsible.

Appeals to: His ~xcellency Lennox Sebe Life-President of Ciskei Government Offices ~welitsha Ciskei, South Africa (telegrams to: Life-President Lennox Sebe, Ciskei, South Africa}

Amnesty International is an independent worldwide movement woriung for the international protection of human righcs. It seeks the release of men and women detained anywhere because of their beliefs. color, sex, ethnic origin, language or religiow creed. provided they have noc wed or advocated violence. These are termed prisoners of conscience. It works for fair and prompt nials for .tll political prisoners and works on behalf of such people detained without charge or mal lc opposes the death penalty and torture or other cruel. inhuman or Jevading treannent or punashment of all pn.soners wichouc re~arion . Colonel Z. Makuzeni Chief of Security Police Zwelitsha, Ciskei, South Africa

Te.l.e.g~ to: CYU.e. 6 Se.c.~y Po.U.c.e. Ma.k.uze.rU., Zw~ha., C . i.,~ h. e.A.., Sou.th An!U.at

~lr D.M. Takane Dr the Han. P.C.J. Koornhof Minister of Justice of Ciskei Minister of Cooperation and Development Government Offices Ministry of Cooperation and Development Zwelitsha, Ciskei, South Africa Bantu Affairs Building Paul Kruger Street Te.le.glt.am6 to: ,~teJt J~.ti.c.e. Ta.k.a.ne., Pretoria, South Africa ZweLU41ta., Ci.Ak.e.A.., Sou..dt A6Jtic.a. Te.l.e.gJUim.6 to: M.. {.n.,<.,~teJt CoopVta..tion Ve.ve.l.opme.nt KooJt.n.lto 6, PJte.to!U.a., Sout.h. A61Uc.a. COPIES TO:

South African Press Association The Editor PO Box 7766 vail.y v~ pa-tc.h Johannesburg, South Africa PO Box 131 East London, South Africa The Editor Sowe.ta.n PO Box 6663 Johannesburg 2000, South Africa and to South African diplomatic representatives ~n your country. PLEASE SEND APPEALS AS SOON AS POSSIBLE. Check with the International Secretariat if sending appeals after 22 December 1983. 2:XTER.."LU. (tor AI Index: AFR 53/36/83 general distribution) Distr: UA/SC

UA 243/83 Fear of Torture/Legal Concern 10 November 1983

SOUTH AFRICA- CISKEI: Father Sm.angaliso MKF.ATSHWA, a Catholic priest

===~~======~=====~======

Father Smangaliso Mkhatshwa, a Catholic priest and Secretary 0f the Southern Africa Catholic Bishops' Conference based in Pretoria, was detained by Ciskei security police on 30 October 1983 while on his way to address a meeting of the Catholic Students' Association at the University of which is situated at Alice. Father Mkhatshwa is currently believed to be held under Section 26 of the Ciskei National Security Act which permits indefinite incommunicado detention without trial. The Ciskei authorities have not disclosed any reasonsfor his arrest, nor his place of detent£o~and are reported to have refused a Catholic bishop access to him.

Amnesty International fears that Father r~hatshwa may be tortured or otherwise ill-treated while held in incommunicado detention. Father Mkhatshwa had previously been banned and had been adopted by Amnesty International as a prisoner of conscience. Backgrou:..1d information

There has been considerable unrest in Ciskei since mid-July 1983 when people in Mdantsane township started a boycott of bus services to protest against fare rises. Ciskei authorities attempted to break the boycott by force, in the course of which as many as 90 people are alleged to have been killed and many others are known to have been detained and beaten or tortured. More than 100 people are known to have been detained indefinitely under Section 26 of the National Security Act, though many of these have now been released.

Ciskei was declared~independent'by the South African government in 1981, but has not been recognised internationally as being independent. Ea.ch -6ection -L!!

.. . / ... Pi ~!..a.~ e. oJt.ga.nize. -~ ome. a.pp ea.£6 6Jt.om RELIGIOUS GROUPS. APPEALS TO: His Excellency Lennox Sebe Colonel Z. Makuzeni Life-President of Ciskei Chief of Security Police Government Offices Zwelitsha, Ciskei, South Africa Zwelitsha, Ciskei, South Africa T e.te.gJr..a.rnt. to : Chie. 6 S e.c.I.J./U:ty Polic.e. Te..te.g Jtam6 to : PJt.e..oid e.n-t ~e. be., Zww...:t4ha., Mak.u.ze.ni, Zwel.UA ha., C-<..6 ke.i, So tLth A6Jtim Cwke.i, South A6Jtic.a Mr D.M. Takane Dr the Hon. P.C.J. Koornhof Minister of Justice of Ciskei Minister of Cooperation and Development Government Offices Ministry of Cooperation and Development Zwelitsha, Ciskei, South Africa Bantu Affairs Building Paul Kruger Street Te..te.g -'taln6 to: ~te.Jt. ]U-6tic.e. Ta.ka.ne., Pretoria, South Africa Zt~ha., CWke.i, SoU-th A6Jtic.a Te.le.gJt.atn6 to : M.Uti.~ tVt Coo peJta.t.i.o n Ve.ve.lopme.nt KooJt.YLho6, PJt.e.toJt.ia., South COPIES TO: A611ic.a.

South African Press Association The Editor PO Box 7766 Daily V.W pa.tc.h Johannesburg, South Africa PO Box 131 East London, South Africa The Editor Sowe.ta.n PO Box 6663 Johannesburg 2000, South Africa and to South African diplomatic representatives in your country. PLEASE SEND APPEALS AS SOON AS POSSIBLE. Check with the International Secretariat if sending appeals after 22 December 1983.

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-Telegrams .:.nd letters should be brief and courteous, - In Urgent Action cases, Amnesty International has to Stress ~nat your concern for human rights is not in any act rapidly to prevent the ill-treatment of prisoners. An wav politi co;:i y partisan. Refer to relevant provisions in appeal is issued when Amnasty International believes it ,r,t ~r ,., :: ticr. :->1 law. such as the United Nations Universal has received reliable and accurate information in such L)t, .: : a r a ~; : . ~ o i Human Rights: cases. It is not always po ss ible to ·terify all details inde· pendently and in some i n s t ance~ the situation outlined ..\r: ::'e . - '·Eve r·:ro ne has the right to life. liberty in the appeal may chanq.:. urg = ~n t r~ c tlon participants Jnc ~ & \. of ~.. e~so n .'' are always not i!iec o f ar. '/ ·~ .Jr• i ~ :r: an t new facts,

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W95: The Star (SA), Oct 24, '83 \Vithdrawal of Cubans is Africans go to Security Council as Namibia talks reach stalemate the only way, SA tells UN By Louis WlZrutzer Bv Donald Kllo•ler. The Star Bo· The Africa group of nations at · reau the UN had called the meetmg c,n Sooc:a_, _~ £ ~qt-~ C!B.a~ &::endence of :\ EW YORK - :iouth Africa told ern nations to speed up the :':am; ._t .-\friL·::I UJ yt'l ;moth•~r Jip· the t'nited :'iations Security Coun­ bian lndependence process. 'iarnibia ·Snuth··,v •. has led Mr von Schimding reiteraterl in cil on Thursday mght that it wa;; lomatic stalPmau-. · trrevocably" committed to link· his address that the South Afri· Secret talks txtwetn r\ngoian and Unit..~ States offi· can Government remained com· tn~ a Cuban withdrawal from An· cials on a nt>J~:cu· to to bring Namibia independence understanding they wtll not ~ r~· pation of ;-.J :1mibia fnrth·.•nth . under UN au.spices. placed by any other husl!lc US diplomats. who a few months ago voict'd v\,WTii:;m The South African Ambassador forces.·· on !.heir talks with .Angola. aumit that thr prospt"'·:s for a also took the opportunity to warn "Firm agreement will have to dt-al have dimmed. "Oipiomatic the UN that South Africa would be reached on the fundamenta 1 re­ not deal with 1t over Namibia if it battle lines have hanlened re · quirements of Cuban withdrawal cent.ly." says one US diplomat.. continued to show bias towards and a commitment will have to be the South West Africa People's Or· obtained from the Angolan Gov- French and Canadian last·ditch gani~iltiOn (Swapo). efforts to work out a package deal behind the scenes are believed to be continuing. But well-informed diplomats here are convinced these efforts will go nowhere. During his trip to South Africa in August, UN Secretary·General Javier Perez de Cuellar ironed out W88: The Guardian {Br), virtually all remaining differences Oct 31, '83 abr. between South Africa and the so-co.lled front-line states (. Botzwana. Mozambique. Zambia. Angola. and Zimbabwel on implementation of the UN plan for Police held Namibia, such as the size and composition of the UN force that would o·;ersee cle<:tions in a n~wly independent in Namibia Namibia and the electoral procedun>s themSE-lves. In his report te noted. however. that South .\fnca From Peter KellDY made the departure c,f Cuban troops from Angola a pre­ ba WIDdboelt . In a massive crackdown m cor,Jition for tl•e in:;:;!emer.wtion of the U!'l plan. llc ~~i<.i the northern war zone of he could not acreot this Linkage. N.Wba In Kava.ogo, more than Though the ill'..k:J;;e i:.sue is officially brought fnrth by 50 people have been detained by securitY pollee, mc!uding South Africa. many consider it t.o really be a "US baby.·· members of tllle South-West It was WilHam Clu.rk. who was then deputy secn-bry of African police, dvil servants. state. and Chester Crocker. assistant secretary of state teachers, and a priest. According to local reports, for African affairs. who fll"St mentioned this idea during a more detentions are expected trip to Pretorio. in June i98L as security police hunt f~?r "The US, by dealing with the Namibian problem from people allegedly involved 10 acti~ties related to the So~th· a purely East-West global prospective. is even more than West Africa People's Orgamsa- South Africa blocking progress on this issue:· ~ys a tioo. · Western diplomat. A spokesman for the SW A territory Force said that there Indeed. privately, African diplomats hold bot.h US was an investigation into the and South Africa responsible for the present sta1emate. possibility that Swapo forces But the Africans do not intend to publicly denounce the had infiltrated the territory force. US "mainly because we have not given up on it and we still hope that the Reagan administration will realize that ~interests in Africa are not best served by blindly sup· porting South Africa,·· says one African ambassador. '. \.!J:2: The Star· (SA\, Oc t :3 1, ''33 \V9 l : Int He rald Trib. (l" S), Oct 20, 1 ~3 US warns of bigger UN Council .Assails Pretoria on Namihu UNITED NATIONS. Nc:W Yark () -The Security Council v Friday condemned South Africa for bloding the creation ol a.n i.adc:per. conflict in Africa dent Namibia from South-West Africa by setting as a precondition tr. By DooaJd Kllowler, ment's policies wen~ base

Commonwealth Criticizes U.S. Over Namibia

By WILLIAM K. STEVENS The participants decided today to es- undertaken to try to lessen East-West scaeauton.-vcnnm. tablJsh a l~member Commonwealth tensions. But Prime Minister Margaret NEW DELHI, Nov. 28 _ The Com- consultative group "for the purpose of Thatcher -Aas said to have emphasized moowealth coaferenc:e said today that promoting Consensus" on economic Britain's opposition to the American ! efforts to win independence for South- issues. The group, to be drawn from stand. ' West Africa were beiq obsmJcted by both the industrialized and developing Soon after President Reagan took of­ United States insistence that there worlds, is charged With working With fice in 1981, his Administration said should be a parallel Withdrawal of other international groups to help 1m- there should be a direct linkage be­ Cuban troops from AngolL prove world economic institutioas. tween South African Withdrawal from Jbis position was SUWQrted by Brit- "We sbare a common i:Jeiiei,'' tbe South-West Africa and Cuban with­ I aiD and canada, wbicb together with Commonwealtb leaders said in their drawa.l from neighboring Angola. · the United States. France and West economic statement, "that the Bretton From the start, three members of the . Germany beloag to a United Nations Woods institlltions need to be adapted five-nation contact group - Canada, contact group that. bas been trying and better equipped to belp cope with France and to a lesser extent west Ger­ siDc:e 1977 to ftDd a way to. ead South the tun magnitude of the global crisis." many-questioned the wisdom of such African rule OYer South-West Africa. They referred to the UDited Nations a linkage. also lmown a.s Namibia. · Moaetary and Financial Conference As a result of this and other criticism According to Patsy Robertson. a held at Bretton Woods, l!i.H., in 1944 and of Angola's retusal to link the two : spokesman for the Commonwealth con- that resulted in the creation of the In­ steps din!ctly. the Reagan Administra­ . terence here, the beads of Govet nweut temational Monetary Fund to promote tion said it was seeking " reciprocity" and other delegates expressed "sad- international monetary cooperation. instead of linkage. ness, puzzlement and a certaiD amount The Commonwealth leaders sug­ The Commonwealth conferees' posi­ of dismay" over what they perceived to gested that a new· international confer­ tion, Mrs. Robertson said, was that be "mistaken American potides based ence. like the one at Bretton Woods, Cuban troops are in Angola "at the in­ on misconceptions of the real princ:i- should take place. vitation .of a sovereign state to protect pl~ at stake." Mrs. Robertson said the conference, it from attack" and that this has noth­ Mrs. Robertson said that, in the vtew meeting in a closed session, adopted a ing to do With the question of Namibian of the Commonwealth leaders, the "comprebensive rejection" of the independence. American "misconceptions" stemmed United States position on Angola and In their discussions, according to from the "total p~tion" of the Namibia. Mrs. Roberuon, some of the Common­ . United States with East-West relations. Prtme Minister Pierre Elliott Tru- wealth leaders suggested that it was She said the partidpants in the confer- deau of canada did not take pan in not .enough to try to influence the ~ h~ spoke With "~plete una- today's discussions on southern Africa American stand through diplomacy, llllDlty' ID accusing the Um~ States because he was in Peking, on another and that now, "greater efforts should of holding up pmgress on Naaubia. leg of an international mission he has be made to reach the American peo­ ple" directly. AFRICA NEWS/ November,_._ 1983 ·SOUTH AFRICAN REFERENDUM RESULTS 0 1o of i _\\ ; Two-thirds oiSottth \fnca's white electorate District ·Yes " Votes tti!:Tiec(ollt :\n\ 2 to .tpprm·e 1)\ .f)fiC( the creation of Predominantly Afrikaans the c·ottntrv.-, tlrst multi-racial P~1rliament (see A.\'. Roodepoort 56 .5 Oct. 31 l Pietersburg 4 7 2 \\ hite politics is traditionallv chided along lan­ Pretoria 57.0 c:ua~:;e lines . Those distinctions broke do\vn in this 65.0 Pretoria bans campai~:;n . hut ~~ determination of how the govern­ Germiston ment bred with its g;enerallv lm·al :\frikaner con­ Bloemfontein 65.6 -.titllents was complicated b\: th~ authorities' deci- Beaufort West 74.3 UDF meeting -.ion to set up l5 special electoral districts fi1r the George 73 .0 From Patrick Laurence releremlum. Kroonstad 63.0 in Johannesburg Of particular note: Prime \linister P. \\'. Botha's Predominantly English Poiice detained the publicity constituencv is in Geur[!e. :\ndries Treu. 1icht. Port Elizabeth 69.9 secretary of the l'nited Demo­ leader tlf the ri~:;ht - wing breakaway Conserv·ative Durban 73 .3 cratic Front :'Yfr .. Terror·· Lek­ Partv. which campaigned fi1r a .. '-io ," is from Pieters­ Pietermaritzburg 71 2 ota for questioning. at dawn llllr~ . . longtime \IP from the Pro­ yesterday. A few hours later a Johannesburg 68.5 "ressi\e Federal Part\ ( PFPJ. which opposed the UDF meeting, ;cheduled to East London 77.6 take place in Cape Town last prollosals from