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HUMAN RIGHTS VIOLATIONS IN

AN AMNESTY INTERNATIONAL BRIEFING

©Amnesty Int'l Including AI Index: AFR 42/13/82 and AFR 42/14/82 Original Language English Published & Printed in the U.S. All Rights Reserved September 1982 TABLE OF CONTENTS

BACKGROUND TO PRESENT SITUATION 1

AMNESTY INTERNATIONAL HUMAN RIGHTS CONCERNS 3 Detention without trial 3 Restriction 5 Torture 6 Political Trials 8 "Disappearances" 9 Extrajudicial Executions 10 Death Penalty 10

POLITICAL PRISONERS IN NAMIBIA: A LIST AND CATEGORIZATION 11 Uncharged Detainess 12 Restrictees 12 "Disappeared" Prisoners 12 Sentenced Political Prisoners 13 Prisoners Taken in the Armed Conflict 14

THE NEXT STEP 15

AMNESTY INTERNATIONAL: PURPOSE AND HISTORY 17 BACKGROUND TO PRESENT SITUATION

For more than ten years, 's ad­ Amnesty International's Concerns ministration of Namibia has been marked by ex­ tensive violations of human rights, including Amnesty International's current concerns in detention without trial, torture and extrajudicial Namibia may be summarized as follows: execution. Since 1979, half the country has been under martial law. Ovamboland, the most i) the use of detention without trial and populated area, has been under legislation restriction for political reasons; creating an effective state of emergency since ii) allegations of torture, in particular of 1972. detainees under interrogation; Despite protracted international negotiations iii) the continued imprisonment of political over the future of Namibia during this period, and prisoners sentenced after trials which did repeated demands for South African withdrawal, not meet international standards of fair the South African administration remains. Set­ trial; tlement proposals put forward by the five-nation iv) cases of alleged "disappearances"; Contact Group on Namibia - comprising Canada, v) alleged extrajudicial executions France, the Federal Republic of Germany, the vi) the death penalty. United Kingdom and the United States of America - envisage the ultimate release of political The Political and Constitutional Context prisoners and the inclusion of a declaration of fun­ damental rights in the constitution of a future, in­ Namibia was under German colonial ad­ dependent Namibia.. In principle, these two ministration from 1884 to 1915, when it was oc­ elements of the proposals have already been ac­ cupied by South African military forces following cepted by the South African government and other the start of the First World War. After the war, parties to the dispute. In the meantime, however, South African rule continued with South West while a final settlement continues to prove Africa, as Namibia was then known, being elusive, Namibian political prisoners remain in jail declared a Mandate Territory of the League of and incidents continue to occur daily which direc­ Nations under South African administration. This tly violate both the spirit and the substance of the remained the position until 27 October 1966 when proposed declaration of rights. the United Nations General Assembly unilaterally Five years ago, in April 1977, Amnesty In­ revoked the Mandate and resolved that the coun­ ternational published a report on its concerns in try should be regarded as the direct responsibility Namibia and appealed publicly to the South of the UN. A Council for Namibia was sub­ African government to withdraw the state of sequently established by the UN to give effect to emergency in the north, introduce safeguards this responsibility. against ill-treatment of detainees and investigate The South African government repudiated fully allegations of torture by security police and both the revocation of the Mandate and a sub­ military personnel. The South African government sequent International Court of Justice decision in did not respond to this appeal or take action to 1971 which declared the continued South African protect human rights and, five years on, the occupation of Namibia to be illegal. However, abuses most evident in 1977 remain common and despite its failure to accede to UN demands for widespread. the withdrawl of its administration, South Africa 2 has entered into negotiations with the UN over many of whom have been killed or injured and Namibia's independence. These negotiations some abducted and forcibly taken back to have been continuing intermittently for more than Namibia. In northern Namibia, South African ten years but by September 1982 sti II had not military forces stand accused of widespread tor­ resulted in a final settlement although agreement ture, extrajudicial executions and other violations was rumored to be close. A so-called "Contact of human rights. In the same area, SWAPO Group" composed of government representatives guerrillas have allegedly been responsible for of five western countries - Canada, France, the killing or abducting civilians in addition to attacks Federal Republic of Germany, the United on military personnel. Kingdom and the United States of America - has Within Namibia, the South African govern­ performed an intermediary role since 1978. Set­ ment has embarked on a policy of delegating tlement proposals prepared by the Contact Group powers to an internal administration made up of have been submitted to both main parties to the representatives of the eleven officially-designated dispute: on the one side, the South African gover­ ethnic groups. Thus, certain administrative func­ nment and the local administration in Namibia, tions are now carried out at national level by a and on the other, the South West Africa People's Council of Ministers headed by Dirk Mudge, Organization (SWAPO). Since December 1976, leader of the Democratic Turnhalle Alliance (DTA). SWAPO, which is engaged in armed conflict In addition, so-called "second tier" authorities against the South African administration in have been created to exercise legislative and Namibia, has been recognized by the UN as the executive control over matters relating to each "sole and authentic" representative of the people ethnic group such as health and educational af­ of Namibia. fairs. The power of the local administrative As international negotiations have continued, authorities in Namibia is very limited and the the armed conflict has intensified and many South African government maintains direct con­ Namibians have been killed or displaced. The war trol over such key aspects of policy as foreign af­ has been accompanied by serious abuses of fairs, defense and security matters, and human rights not only in Namibia but in southern negotiations over Namibia's future. Through its , where both Namibian refugee camps and Administrator-General in Windhoek, the South SWAPO military bases are located. South African African government also retains veto powers over military forces have repeatedly carried out large­ all decisions of the Council of Ministers and the scale incursions into Angola and claim to have in­ National Assembly for the Territory of South West flicted heavy casualties on SWAPO. However, Africa/Namibia, both of which were established these raids appear also to have had as their under South African aegis in mid-1980. targets Namibian refugees and Angolan civilians, 3

AMNESTY INTERNATIONAL HUMAN RIGHTS CONCERNS:

Detention Without Trial location ofdetention centers, which are rumored to exist in the north, often located within or close Detention without trial is used on an ex­ to military cam ps. tensive scale by the South African authorities in The legal basis for most detentions is Namibia. Under current legislation, South African provided by the Security Districts Proclamation, security police and military forces operating in 1977, commonly termed Proclamation AG.9 of Namibia possess wide powers of arbitrary arrest 1977. Ironically, when this was first introduced in and detention without trial and are at the same November 1977 it was perceived widely as a refor­ time given immunity against civil or criminal ming measure. It replaced Proclamation R.17 of prosecution for any action carried out "in good 1972, which effectively had instituted a state of faith". emergency in Ovamboland and made provisions These powers of detention have been used for the use of indefinite incommunicado deten­ consistently over a period of years to suppress tion without trial. It also replaced Proclamation political opposition to continued South African R.89 of 1976, which had extended similar occupation of Namibia. The main target has been emergency powers to the Kavango and Eastern the legal, Namibia-based wing of SWAPO. In some Caprivi areas. These detention powers were cases, the pressure of security police action has severely curtailed with the introduction of been such as to drive leading officials of SWAPO Proclamation AG.9, which stipulated that no un­ and other political organizations to leave Namibia charged detainee should be held incommunicado for exile abroad. For example, Axel Johannes, for a period longer than 96 hours. SWAPO's Administrative Secretary in Windhoek, To some extent, the effect of this reform was was subjected to detention to such an extent that negated by the continued application in Namibia he spent a combined total of more than four and a of the South African Terrorism Act. The detention half years in prison without trial in the period bet­ provision contained in Section 6 of this Act con­ ween 1974 and late 1980, when he ultimately left tinued to confer on the security police authority to Namibia to live abroad. detain any person incommunicado and without Most detentions now occur within the so­ charges for an unlimited period on the in­ called "operational areas" of northern Nam ibia structions of a senior police officer. However, the where South African military forces and SWAPO Terrorism Act confers no detention powers on guerrillas are engaged in an increasingly intensive South African military forces who, folloWing the armed conflict. In these areas, large numbers of introduction of AG.9, were for a time authorized to civilians are believed to have been detained for in­ hold uncharged detainees for no more than 96 terrogation about the movement, activities and hours. bases of support for SWAPO guerrillas and In May 1979, Proclamation AG.9 was amen­ generally for the purpose of intimidation. The full ded to increase substantially military powers of extent of such detentions, however, cannot be ac­ detention without charge or trial. On May 11 the curately gauged. The South African authorities 96-hour limit on incommunicado detention was rarely disclose information about detainees and extended to 30 days by an amending decree, do not publish statistics relating to detentions. In­ Proclamation AG.23 of 1979. On the same day the deed, a high level of official secrecy surrounds the area within which AG.9 has effect was greatly in­ use of detention without trial and even the creased. Initially it had been applied only to the 4 northern-most districts of Ovamboland, Kavango In December 1981, the National Assembly in and Eastern Caprivi. It was now extended to six Windhoek passed the Security Districts Amend­ other districts - Grootfontein, Otj iwarongo, ment Act, No. 20 of 1981. This further amended Okahandja, Outjo, , Windhoek. Unlike the Proclamation AG.9 to provide for the interrogation three northern districts, these areas had not at any time by the security forces of detainees previously been subject to emergency-style held beyond 30 days. Hitherto, it had generally legislation. As a result of this change, almost the been understood that detainees held on an order whole of the northern half of Namibia, containing for further detention issued by the Administrator­ the overwhelming majority of the population, was General would not be subject to further in­ subjected to a form of martial law. terrogation. A further amendment to AG.9 was introduced The South African Administrator-General in on May 18 by Proclamation AG.27 of 1979. Under Namibia possesses other powers of detention, in this, the Administrator-General was empowered addition to those contained in Proclamation AG.9, to authorize the continued detention beyond 30 under legislation introduced in April 1978. The days of any person either by the security police or Detention for the Prevention of Political Violence military, including both those who had been held and Intimidation Proclamation, commonly termed under AG.9's provision for the initial 30 days and Proclamation AG.26 of 1978, was instituted any other person "who is otherwise in custody as following the assassination in March 1978 of a result of operations carried out by the security Chief Clemens Kapuuo, a Herero political leader forces for the prevention or suppression of and President of the DTA. In essence, it made terrorism or for any other purpose in terms of the provision for the use of preventative detention. It Defense Act, 1974". Such detainees may be held empowers the Administrator-General to order the at any place determined by the Administrator­ detention of any person who, he is satisfied, General, irrespective of whether it lies within the presents a threat, hindrance or obstruction to the area in which AG.9 is effective. Conditions of "peaceful and orderly constitutional develop­ detention also are determined at the discretion of ment" of Namibia. It was immediately used to the Administrator-General. There is no statutory detain local SWAPO leaders for several months. limit on the period of detention nor any Unlike AG.9, Proclamation AG.26 contains requirement that detainees' relatives should be certain safeguards regarding the treatment of notified officially of their arrest or have a right to detainees. It stipulates that a copy of the deten­ information about their detention. Similarly, the tion warrant must be given to the detainee within law does not require that detainees should have seven days or, if possible, at the time of arrest. In access to legal councilor family visits: in prac­ addition, if the detainee requests it, the Ad­ tice, these appear invariably to be denied. ministrator-General is obliged to inform the Detainees may be held indefinitely and have no detainee in writing of the reasons for detention in right to appeal whether to the courts or to any ad­ so far as these may be divulged "without ministrative tribunal. Throughout the period of detriment to public policy". The officer in charge their detention beyond the initial 30 days they are of the place of detention is also required to write placed under the control of the South African to the detainee's family to give notice of the arrest Defence Force (SADF). They are held until such if the detainee so requests. time as the Administrator-General, acting on the All detainees held under AG.26 must be recommendation of the South African military visited regularly and at no more than three day in­ commander in Namibia, decided to order their tervals by a qualified medical practitioner, and by release. a magistrate at least once a fortnight. The By its terms and in practice, Proclamation magistrate is required to inform the Administrator­ AG.9 provides a context in which "disap­ General of any complaints made by the detainee. pearances" may occur. It empowers all members Proclamation AG.26 also includes provision of the security police and military to detain people for review of detentions. It establishes a three incommunicado for 30 days, grants them im­ member review committee under the chair­ munity in advance for any acts that they commit manship of a judge or magistrate, to which so long as these can be ascribed to "good faith", detainees can make written representation by way yet contains no safeguards whatsoever over the of the Administrator-General. However, detainees treatment of detainees. With the sanction of the do not appear in person before the review com­ government, uncharged detainees are placed en­ mittee. It meets in camera, its deliberations are tirely in the hands of these security forces and are not disclosed and its functions and recom­ deprived of such basic human rights as the right mendations may not be challenged in the courts. to trial, access to legal counsel and family. In After reviewing a detainee's case, the committee these circumstances, it is perhaps not surprising submits to the Administrator-General its recom­ that some detainees are reported to have "disap­ mendation for release or further detention, but peared". this is not binding and may be overruled by the Ad- 5 ministrator-General. east of Windhoek. Numbering approximately 120 Despite these safeguards and requirements, in all, these detainees have been imprisoned con­ no statutory limit is placed upon the length of tinuously since early May 1978 when they were ab­ time a person can be detained under Proclamation ducted from Angola by South African military for­ AG.26. Nor is there any provision for visits to ces. They were among at least 180 people, detainees by their families and in practice such possibly including some Angolan nationals, who visits are generally denied. However, unlike AG.9 were taken prisoner when South African forces at­ detainees, those held under AG.26 are normally tacked a camp for Namibians at Kassinga, some held in prisons administered by the Prisons Ser­ 150 miles inside Angola, and other places closer vice, or in police cells, and are not placed in the to the Namibian border. More than 60 of these custody of the military authorities. Similarly, they prisoners were released after three weeks and ap­ are not subject to interrogation in the same way as parently permitted to return to their homes, but AG.9 detainees, although an amendment to AG.26 the remainder were moved to detention near in May 1979 made provisions for them to be ques­ Mariental. The reasons for this and the identities tioned at any time by a justice of the peace at their of those detained have not been revealed by the place of detention. South African authorities, and the detainees are The safeguards governing the treatment of believed to have been held incommunicado for vir­ detainees under AG.26 stand in stark contrast to tually the whole period of their imprisonment. the position under AG.9, where no such safeguar­ However, unlike other detainees under AG.9, ds exist. In practice, AG.26 is much less used than those at the Mariental Camp have been visited on AG.9 and has for the most part been applied again­ several occasions by delegates of the In­ st relatively prominent officials of SWAPO and ternational Committee of the Red Cross. In this related political organizations. Several SWAPO of­ respect, they appear to consitiute a special ficials were detained shortly after its introduction category of prisoners. It is not known to what ex­ in April 1978 and held for some months without tent other people may have been abducted from trial. Further arrests followed in April 1979, when Angola since the attack on Kassinga and may now more than 70 people, comprising almost the entire be detained at other camps in Namibia. It is clear internal membership of SWAPO, were detained that the detainees at Mariental were placed under under its provisions. Most were held at Gobabis AG.9 only in May 1979, when that provision was Prison, east of Windhoek, where they were per­ amended to allow unlimited detention without mitted no visits, news or reading material other trial. Indeed, the very phrasing of the amendment, than the Bible. Some went on hunger strike in as cited on page 6 of this document, appears to protest at these conditions and the majority were have been devised in order to accommodate the released by February 1980, although a few so-called "Kassinga detainees" and belatedly remained in detention without trial for some mon­ provide a proper legal basis for their detention. ths more. Since that time, AG.26 has been relatively little used. The South African authorities have on several occasions in the past, particularly in 1979/1980, Restriction disclosed how many detainees were held under AG.26. At no time, however, are they known to A number of political detainees released from have released statistics relating to detentions un­ imprisonment under Proclamation AG.26 in early der AG.9. Because of this and the difficulty of ob­ 1980 were served with restriction orders at the taining detailed information about people time of their release. They were issued with so­ detained in the north of Namibia while that area called "release warrants", signed by the Ad­ remains under military occupation, it is not ministrator-General, which prescribed certain possible to estimate how many detainees may be restrictions on their freedom of movement and held under AG.9 at any time. However, such in­ association. In most cases, those concerned were formation as is available suggests strongly that restricted to a particular locafity and forbidden the numbers are high. In December 1981, for either to receive any visitors at their homes or at­ example, at a synod meeting of the Evangelical tend any gathering at which more than five people Lutheran Ovambo-Kavango Church, which has are present. They were also subject to house­ more than 230,000 adherents in Namibia, a survey arrest between the hours of 8:00 in the evening revealed that approximately 40 out of the 300 and 6:00 in the morning and were disallowed from delegates attending the meeting had experienced working as teachers or in any other capacity in the detention and torture. Reports received from for­ public service. In at least one case, the terms of a mer detainees also indicpte that detentions are release warrant were drawn so as to restrict a for­ numerous. mer detainee, Dr. Thomas Ihuhua, to Katatara, One large group of AG.9 detainees is held at a Windhoek's black township, although he had been special military camp in Mariental district, south- resident in Ovamboland prior to his detention un- 6 der AG.26. As a consequence, he was prevented attend social or political gatherings and may not from returning to his former position as medical prepare material for publication or be quoted. superintendent at Onandjokwe Hospital in Ovam­ boland. One former detainee released at the begin­ ning of 1980 after more than eight month's deten­ Torture tion without trial described his situation in the following way in a letter to an Amnesty In­ The use of torture in Namibia has been well­ ternational group: documented and repeatedly brought to the at­ tention of the South African authorities over a "I have now been released under certain period of several years. However, despite the stringent conditions. This means I am in home weight of evidence available and a series of in­ arrest. That is to say everyone released in terventions by Nambian church leaders and January has these conditions and those who others, including Amnesty International, the are still to be released will get these. problem remains acute. The South African "They say we are security risks to the state. authorities have for the most part dismissed out This means I am not to practice a teaching of hand allegations of torture, without any proper profession as I was doing here. I will have to examination of their validity, and have used this find some other job. This is just part of the as a justification for official inaction. repressive state machinery of the illegal More than any other agency, the Namibian regime in our country. We believe firmly that churches have taken the lead in documenting South Africa, of course, has no legal authority cases of torture and bringing them before the to arrest and detain us in our motherland. South African authorities. They have been "At the moment I am not working. I am still stimulated to do so not least by the fact that many struggling to get work which does not conflict church members, including some priests and with those provisions. They say any breach of ministers, have been among those detained and them would mean an immediate re-arrest for subjected to torture. However, they have not met us. with much success and their efforts have resulted "My family stays in northern Namibia and I am in government action against them. Leading chur­ not allowed to visit them after 9 months in chmen of foreign nationality who participated ac­ prison. We spent much time in prison and now tively in campaigning for human rights have been we are to be restricted." summarily deported, and certain churches, par­ ticularly those based in the north, appear to be Release warrants issued by the Ad­ regarded with some hostility by South African civil ministrator-General carry no statutory duration and military authorities alike. On two occasions, and may be applied for an unlimited period. Some in May 1973 and November 1980, the Evangelical have been relaxed or amended from time to time Lutheran Church's printing press at Oniipa in but for the most part those imposed in early 1980 Ovamboland, through which church news and continue to have effect. Any contravention of the other information was disseminated throughout conditions prescribed by a release warrant may norther Namibia, has been destroyed by sabotage. lead to the re-arrest of the restrictee for further On neither occasion was it possible to attribute detention under AG.26. responsibility for the destruction though it is ap­ In South Africa, the government has frequen­ parently bel ieved locally that South African tly made use of banning orders to restrict the ac­ security force personnel, not SWAPO guerrillas, tivities of its critics and political opponents. In were to blame. In June 1980 church leaders' practice, these have not generally been applied in names were included in an alleged "death list" Namibia although one case stands as an ex­ publ ished in the Windhoek Observer newspaper, ception. Nathaniel Gottleib Maxhuilili, a resident apparently quoting a report in the Evangelical of Walvis Bay, has been continuously restricted Lutheran Church publication OMUKWETO. This under a succession of banning orders since 1972. was said to have been drawn up by a secret death A defendant in a major political trial involving squad allegedly established by the South African Namibians in 1968, his banning order was most authorities with the name "Koevoet" (Crowbar). recently reimposed by the South African Minister The Administrator-General categorically denied of Justice on 1 June 1982. In accordance with the report, dismissing it as SWAPO propaganda. general practice when banning orders are im­ Subsequently, the existence of Koevoet was ad­ posed, the Minister has not specified the reasons mitted, though the South African authorities for Maxhuilili's banning. As with release warrants, assert that it is a special police counter­ people under banning orders are restricted to a insurgency unit which operates within the law. certain district and may be subject to partial In May 1977, church leaders representing the house arrest. In addition, they are not permitted to Anglican, Roman Catholic and Evangelical Chur- 7 ches in Namibia issued a joint statement on tor­ Torture allegations received by Amnesty In­ ture in which they referred to earlier represen­ ternational indicate that those most at risk are tations which the churches had made to the South people taken into custody by the army or security African authorities in 1967, 1971 and on other oc­ police and held under AG.9. Several factors - the casions. Their statement claimed that torture ap­ extension of detention powers to all security force peared to be "standard practice" in the in­ personnel, the failure to provide adequate terrogation of detainees and that the population safeguards against ill-treatment of detainees or to of northern Namibia was being "terrorized" by its permit regular independent inspection of deten­ use. They alleged that detainees commonly were tion conditions, and the high level of official subject to electric shock torture; beatings with secrecy surrounding both individual detentions fists and rifle butts; burning with cigarettes; and the location of detention camps - combine to hanging by their arms, sometimes with a weight provide an opportunity for the use of torture again­ added; sleep deprivation; and solitary con­ st detainees under AG.9. They also have the effect finement. A few months earlier Heinz Hunke, a of making it virtually impossible for torture vic­ leading Catholic churchman, had circulated a tims to prove their allegations, due to the problem document detailing individual cases of alleged of obtaining independent verification, while the in­ torture in what he called an attempt to "stimulate demnity provisions contained in AG.9 and the the public's conscience towards responsibility South African Defense Act minimize any and, if possible, action". In January 1978, Father possibility of obtaining redress. As a result, it ap­ Hunke. and another church worker, Justin Ellis, pears that few people who allege torture are now prepared a booklet entitled Torture-A Cancer In prepared to be identified for fear of further deten­ Our Society. This contained sworn affidavits by tion or other reprisals. ten Namibians who alleged that they had been tor­ In September 1981, a six-member delegation tured in detention at Oshakati, headquarters of from the Southern African Catholic Bishops' Con­ the South African security police in Ovamboland. ference (SACBC) visited Namibia to inquire into In some cases, the names were given of those conditions there. Their report, published in May allegedly responsible for inflicting torture. One af­ 1982, contained brief accounts of several ap­ fidavit was supported by an accompanying parently typical allegations which had been statement sworn by a medical practitioner who received by the SACBC delegation, and which examined the alleged torture victim, and found in­ referred to the use of electric shock torture, juries consistent with electric shock torture. The physical assults, blindfolding and partial suf­ South African government's response to the focation of detainees. The report's author added: report by Heinz Hunke and Justin Ellis was to ban "That detention and interrogation in any part it before it could be openly published, although of the country are accompanied by beating, the affidavits it contained had only recently been torture, spare diet and solitary confinement is used to support an unsuccessful application to accepted as common knowledge. We found the courts for an injunction against security this attitude among most Church represen­ police interrogation of a detainee. No further ac­ tatives we met and among many others as tion appears to have been taken by the South well. African authorities either to investigate fully the "Reports of what occurs in the operational torture allegations or to introduce safeguards area indicate that it is commonly accepted against its possible further use. In January 1978, that in searching out SWAPO guerrillas the Amnesty International appealed to the Ad­ Security Forces stop at nothing to force in­ ministrator-General to institute an independent formation out of people. They break into inquiry into the use of torture, but the Ad­ homes, beat up residents, shoot people, steal ministrator-General failed to do so. and kill cattle and often pillage stores and tea Following the release in late May 1978 of 63 rooms. When the tracks of SWAPO guerrillas people captured by South African forces at the are discovered by the Security Forces the time fo the attack on Kassinga, Father Hunke local people are in danger. Harsh measures claimed that some had alleged torture. He said are intensified. People are blindfolded, taken that he had spoken with ten of those released, from their homes and left beaten up and even who had informed him that 120 others were still dead by the roadside. Women are often raped. held and that some of them had been tortured with It is not unknown for a detachment to break in­ electric shocks. The Administrator-General to a home and while Black soldiers keep wat­ denied this allegation and said that he had per­ ch over the family, White soldiers select the sonally inspected the detainees' conditions. In best-looking girls and take them into the veld July, Father Hunke was summarily deported from to rape them. There is no redress because Namibia under an order issued by the Ad­ reporting irregularities or atrocities to com­ ministrator-General, the day after he was em­ manders is considered a dangerous or powered to make deportation orders. fruitless exercise." 8 Before publication, the SACBC report was the Ovamboland local administration, police and submitted to the South African government for military officers. Leaders of the Evangelical comment. In January 1982, Prime Minister P.W. Lutheran, Angelican and Roman Catholic Chur­ Botha dismissed its charges of torture and other ches were invited to participate but declined to do violations of human rights, commenting that they so apparently because of reservations concerning were typical of "stories and allegations" which the participation and objectivity of South African "normally form the basis of SWAPO propaganda". security force personnel. In July, military officials He asserted that the army and police were in Windhoek announced the establishment of an prepared to act against security force personnel office to investigate allegations against the who committed offences and cited as an example security forces and that this would be run on a per­ the recent trial of a soldier in Windhoek. manent basis by the South African Military Law A similar mission to that by the SACBC was Division. carried out by a British Council of Churches' It is not yet clear to what extent the establish­ (BCC) delegation in November 1981. Once again, a ment of such mechanisms to monitor and in­ subsequent report contained allegation of torture vestigate allegations of torture will be effective in and other abuses said to have been carried out by curtailing its use. At first sight, these initiatives South African security forces. Twenty individual do not go far enough. As yet, no adequate cases were cited, all of them apparently relating to safeguards have been introduced to protect incidents which occurred within six weeks of the people detained under AG.9 and until this occurs churchmen's visit. They include allegations of it appears likely that torture will continue to be in­ beating and electric shock torture of detainees, flicted on an extensive scale. beating and rape of civilians, "disappearances" and extrajudicial executions. The names and other references which could identify the com­ plaints were omitted. The BCC delegation claimed Political Trials that South African security forces were respon­ sible for "a reign of arbitrary terror against which More than 45 Namibians are currently serving the local people have no redress", and added that, long prison sentences imposed for political of­ "Church leaders told us that even when their fenses. The majority of them are imprisoned on members were willing to be identified as those Robben Island in South Africa and have been held complaining about security force atrocities there since the 1960s. Most have been convicted of of­ was no guarantee that they would be properly fenses involving the use or advocacy of violence heard". for political reasons and are thus not regarded as Yet more allegations were made by Bishop prisoners of conscience by Amnesty In­ Desmond Tutu and the Reverend Peter Storey, ternational. However, Amnesty International is South African Council of Churches' leaders, who concerned that a number of them were convicted visited Namibia briefly in February 1982. Retur­ after trials which did not meet internationally ning to Johannesburg, they told a press con­ recognized standards of judicial procedure. ference that in the north of Namibia South African The largest group of sentenced political security forces had allegedly committed many prisoners comprises SWAPO supporters who human rights violations against the civilian went on trial in Pretoria in September 1967. They population. The same month, several journalists were all convicted of offenses under the Terrorism visited the western Kavango area and interviewed Act, which had been introduced in June 1967 but former detainees who alleged that they had been made retroactive to June 1962. They had all been tortured with electric shocks and assulted while detained before the Terrorism Act was passed and held by security force personnel based at Rundu. were thus convicted under retroactive legislation. Peter Kalangula, leader of the ethnic ad­ In court, the defendants alleged that they had ministration in Ovamboland, also complained been tortured under interrogation by South about security force atrocities when he met the African security police. At the end of the trial in South African Prime Minister in Windhoek. This February 1968, the judge sentenced 20 of the led, in March 1982, to the establishment of a board defendants to life-imprisonment and imposed 20­ of inquiry to investigate allegations of torture and year sentences on a further nine. Subsequently, other abuses of human rights. By early June, it five prisoners had their life sentences reduced to was reported to have investigated 40 allegations, 20-year terms. several of which had been substantiated and Unlike this first trial in Pretoria, other major would result in the prosecution of security per­ political trials involving Namibian nationalists sonnel. have taken place within Namibia. However, they A special liaison committee to investigate have been conducted under circumstances complaints in Ovamboland was established in similar to those prevailing in South Africa. As in May 1982. Its members include representatives of South Africa, the judiciary in Namibia is ex- 9 clusively white and the laws proscribing political represent the only prisoners who have been taken. offenses are the same as those that apply in South What has become of other captives, however, and Africa. The same features that distort the ad­ where and under what conditions they are held ministration of justice in South Africa - the sum­ remains a mystery. They are not accorded mary nature of political trials, the detention of prisoner of war status but neither does it appear potential state witnesses and the nature of likely that they may yet stand trial. security legislation - are also to be found in Namibia. Two political trials have resulted in the im­ "Disappearances" position of the death penalty, although in both cases it was subsequently set aside on appeal. In Several cases of alleged "disappearances" May 1976, two men were sentenced to death un­ have occurred in Namibia. In each, individuals der the Terrorism Act on charges relating to the reported detained by security force personnel assassination in August 1975 of Chief Filemon have not been seen again by their relatives, who Elifas, Chief Minister of Ovamboland. However, do not accept the authorities denials of respon­ L they were subsequently acquitted on appeal and sibility for them. Four cases have been the subject released after it was learned that security police of court actions. In October 1979, relatives of informers had been employed in the office of the Johannes Nakahwa, Matheus Nahanga and defense attorneys and had made available to the Mathias Ashipembe made an application to the prosecution confidiental defense documents. The Windhoek Supreme Court seeking court orders for Chief Justice of South Africa ruled that such the release of the three men. In an affidavit placed security police interference consitiuted a "gross before the court, Mrs. Rachel Nakahwa said that irregularity" in court procedures and a serious her husband, Johannes Nakahwa, had been breach of the privilege which exists between at­ arrested at home on 2 June 1979 by four South torney and client. African Policemen. She had subsequently been in­ Markus Keteka, a farm worker in the Groot­ formed that he was detained at Oshakati, but fontein area, was sentenced to death by the Win­ when she made further inquiries the authorities dhoek Supreme Court in October 1980. He was denied knowledge of Johannes Nakahwa, who convicted under the Terrorism Act on charges of had previously been detained without trial in 1978. assisting SWAPO guerrillas. He was alleged to The wife of Mathias Ashipembe told the court her have given certain directions to a group of husband had last been seen on 14 May 1979 when SWAPO guerrillas who then attacked his em­ he was about to leave Ovamboland to meet her in ployer'S farm-house but caused no loss of life or Windhoek. When he did not arrive, she had gone physical injuries. After the sentence was passed, to Oshakati to inquire about him, whereupon she Kateka was refused leave to appeal by the trial was detained for 30 days under AG.9. Matheus judge. However, the case was subsequently Nahanga's wife claimed that he too had gone reviewed by the South African Appeal Court, missing and might have been detained. The which withdrew the death sentence and in­ authorities denied any knowledge of all three men sitituted in its place a 17-year prison term. and refuted claims that they had been detained. A In view of the extent of political violence senior security police officer from South Africa which prevails in Namibia, it is surprising that was appointed to carry out an investigation, which more political trials do not occur. By comparison, was concluded by mid-1980. However, his report many more political trials have taken place in was not made available to the families of the three South Africa in recent years, although the relative men or to their attorneys. They were simply told level of political violence has probably been less that the investigating officer had been unable to great. Whereas alleged African National Congress determine what had happened to the three men guerrillas have regularly been put on trial in South and that his report would be withheld because it Africa, trials in Namibia involving captured contained certain "disturbing aspects" unrelated SWAPO guerrillas have been conspicuously ab­ to the case. The three men remain missing. sent. In early 1982, it was reported that relatives of In fact, only some seven alleged SWAPO another detainee who allegedly disappeared in guerrillas are known to have been brought to trial security police custody were bringing an action during the past five years. Statistics issued by the before the Windhoek Supreme Court. Johannes South African military authorities indicate that Kakuva had been detained by security police in several thousand SWAPO guerrillas have been August 1980 together with 24 others suspected of killed in this period. Similar statistics for the num­ assisting SWAPO guerrillas. They were held under ber of SWAPO guerrillas captured by South Proclamation AG.9, blindfolded and interrogated. African forces have not been released by the Some were allegedly tortured with electric shocks military authorities but it is scarcely conceivable and subjected to beatings. One witness claimed that the few who have been brought to trial that Kakuva had died under torture. The security 10 police denied all allegations of torture and violations committed against the civilian claimed that Kakuva had cooperated with them. population of northern Namibia. Thus this allega­ They said he was used to try to establish contact tion appears as a central theme in the reports with SWAPO guerrillas, who were then to be am­ published in early 1982 by the SACBC and BCC, bushed by security forces. They claimed he got and in the findings of the SACC delegation which lost in the process and was either abducted or visited Namibia in February 1982. killed by the guerrillas. The court action concern­ In many situations of armed conflict, it is the ing Johannes Kakuva was due to be heard by the civilian population which is exposed to the greater Windhoek Supreme Court in September 1982. risk. So it is in northern Namibia, where many It may be the case that these alleged "disap­ civilians have been killed in cross-fires between pearances" relate to isolated incidents and do not SWAPO guerrillas and South African security for­ represent part of a wider pattern, but it is difficult ces, in landmine explosions and ambushes, in ac­ to be certain of this. A number of factors - notably ts of retribution or reprisal by one side or the the degree of population movement caused by the other. The nature of the conflict is such that both armed conflict, the wide powers of detention con­ sides, in their competition for the support of the ferred on security force personnel and the high local civilian population, have committed and con­ level of secrecy surrounding their usage - prevent tinue to commit many killings and other violations any clear evaluation of the problem. of human rights against that same population.

Extrajudicial Executions The Death Penalty There have been recurrent allegations that South African military forces have been respon­ The death penalty may be imposed for anum· sible for extrajudicial executions in both northern ber of criminal offences including murder, rape Namibia and southern Angola. For the most part, and armed robbery. It is mandatory for murder these allegations have been made by church sour­ unless there are extenuating circumstances when ces in northern Namibia but, on occasion, former a lesser sentence may be handed down. In prac­ security force personnel have made similar tice, it is most often imposed for murder. charges. For example, in August 1976, Bill An­ Three people convicted of political offenses derson, a former national serviceman in the South under the Terrorism Act have been sentenced to African army, alleged that many civilians in Ovam­ death in recent years, but in all cases the sen­ boland had been tortured or killed by South tence was set aside on appeal. Aaron Muchimba African soldiers who carried out a security sweep ­ and Hendrik Shikongo received the death sen­ code-named "Operation Cobra" - of the area bet­ tence in May 1976 after a trial at Swakopmund, but ween November 1975 and June 1976. Similar were subsequently acquitted and discharged on allegations were made in early 1981 by Trevor Ed­ appeal in March 1977. Markus Kateka was sen­ wards, a deserter from the SADF, who claimed tenced to death by the Windhoek Supreme Court that he had been attached to a unit operating in­ in October 1980 but his sentence was commuted side southern Angola. Its main task, he alleged, by the South African Appeal Court in July 1981. was to cause devastation and depopulation in the Including Kateka, five people are reported to area north of the Namibia border in order to make have been sentenced to death in 1980 and a fur­ transit by SWAPO guerrillas more difficult. As a ther eight in 1981. It is not known how many may result, according to Edwards, civilians were tor­ have been executed although at least one hanging tured or killed at random and villages, livestock was carried out at Windhoek Prison in 1981. and other property were destroyed. Appeals from the Supreme Court in Namibia Both Anderson's and Edwards' allegations are heard by the Appellate Division of the South were denied by the South African authorities. African Supreme Court in Bloemfontein. In cases However, church sources are unequivocal in ac­ where a death sentence is imposed and upheld by cusing South African security forces, and local the Appeal Court, it is referred to the State forces supporting them such as the Ovambo president of South Africa to decide whether it Home Guard, for the majority of human rights should be commuted or carried out. 11

POLITICAL PRISONERS IN NAMIBIA: A LIST AND CATEGORIZATION

This document is only a partial list of ternational has worked for the release of prisoners Namibian political prisoners. In addition to those of conscience in Namibia and in pursuit of its named here, Amnesty International believes that other objectives in respect to human rights. Dur­ there are many other Namibians currently im­ ing this period, Amnesty International has made prisoned on account of their political beliefs or ac­ many representations to the South African tivities, the majority of them detained without trial authorities, who have continued in practice to ad­ under legislation which enables the authorities to minister Namibia, concerning both individual hold them virtually in secret for an unlimited time. cases of prisoners of conscience and other viola­ The purpose of the list is simply to record the tions of human rights for which the South African names that are known and to indicate the different administration has had responsibility. In addition, categories of political prisoners that currently Amnesty International made representations to exist. the governments of Zambia and Tanzania when Under current proposals, final agreement on members of the South West Africa People's a constitutional settlement in Namibia would Organization (SWAPO) were detained in those result in the early release of Namibian political countries in 1976 and from 1976 to 1978 respec­ prisoners. This has already been accepted by both tively following a dispute within the organization. main parties to the conflict, South Africa and the In principle, Amnesty International's primary role South West Africa People's Organization and field of action is to protect the individual (SWAPO). However, while a final agreement con­ against human rights violations by governments. tinues to prove elusive after more than ten years However, Amnesty International also believes as a of international negotiations, the plight of those matter of principle that the torture and execution Namibians imprisoned for political reasons of prisoners by non-governmental entities can remains unchanged and many of their identities never be accepted. remai n un known to all but thei r captors. By no means all Namibian political prisoners In accordance with its Statute and irrespec­ are regarded as prisoners of conscience by Am­ dve of political considerations, Amnesty In­ nesty International. The majority of those curren­ ternational works for the release of all prisoners of tly serving sentences imposed by the courts were conscience: people imprisoned on account of convicted of offenses of a political nature which their beliefs or by reason of ethnic origin, sex, involved the use or advocacy of violence. In ad­ color or language who have not used or ad­ dition, insufficient information is available to Am­ vocated violence. In addition, Amnesty In­ nesty International about the reasons for im­ ternational opposes both the detention without prisonment of some long-term detainees to trial of political prisoners for an unreasonable enable the organization to determine whether they time and the use of trial procedures in relation to are prisoners of conscience. However, there are such prisoners which do not conform to in­ some grounds for Amnesty International's con· ternationally recognized norms. Am­ cern in all such cases and for this reason Amnesty nesty International opposes the infliction of tor­ International has decided, in accordance with its ture or other cruel, inhuman and degrading treat­ statute, to appeal to the South African govern­ ment or punishment, and the death penalty in all ment to grant full amnesty to all Namibian circumstances. political prisoners on 10 December 1982, United For more than ten years, Amnesty In- Nations Human Rights Day. 12

Uncharged Detainees provisions of the Internal Security Act, No. 74 of 1982: Amnesty International is not able to list the names of all uncharged detainees or indeed even Nathaniel Gottlieb MAXHUILILI to estimate their number. Most detentions occur under the provisons of Proclamation AG.9 of 1977. This empowers all members of the South African The following Namibians are believed to be security police and military forces in Namibia to restricted under so-called "release warrants" im­ detain any person incommunicado and without posed by the Administrator-General as a condition charge for 30 days, beyond which further deten­ of their release from detention without trial under tion may be authorized by the Administrator­ the provisions of Proclamation AG.26 of 1978: General. A high degree of official secrecy surroun­ ds such detentions: the authorities are not Christopher AUKONGO Melankton required to disclose detainees' names or places of KAUAUNGWA detention, notify their families or provide any Hewat BEUKES Francis D. KGOSIMANG other information relating to detainees. Gregorius MAKGONE Proclamation AG.26 of 1978 also provides the Hans BOOYS legal basis for detention without trial. The Laurentius DAVIDS Emmanuel MUATARA authority to impose detention orders under this August GAEB John SHAETENHODI provision is vested in the Administrator-General. Engelhard GARISEB Leonard SHONGOLO Proclamation AG.26 stipulates that, if requested to do so by a detainee, the authorities must notify Dr. Thomas IHUHUA Gilbert TJAKA that detai nee's fam ily of his/her detention. Aaron IPINGE Philip TJERIJE The following prisoners are believed to be Festus KADHIKUA Charles TJIJENDA detained without trial under the terms of Rahimisa KAHIMISE Ezekiel UIRAB Proclamation AG.9 of 1977. They form part of a group of some 120 detainees held at a military Wilbardt KALILI camp in Mariental district. All of them are believed to have been abducted from Angola by South African military forces in May 1978. Amnesty In­ "Disappeared" Prisoners ternational does not know the identities of the remainder: The Namibians named below are all alleged to have "disappeared" from police custody or Achilles ANGULA Simon MARTIN restriction in circumstances which give rise to Salatiel ENDJALA Linus NAHOLE fears that they may have been subject to ex­ trajudicial execution or other human rights viola­ Veronica FESTUS Cornelius NANGOLO tions. It should be noted that the South African Leevy IIKANGO Sakarias NUUYOMA authorities in Namibia disclaim responsibility for Paulus IPUMBU Gustaf SAKARIAS these alleged "disappearances". Fransina ITENGE Sarafia SHEEHAMA Selma JANUARIE Johannes SHIGWEDHA Mathias ASHIPEMBE- Efraim KATOFA Esther SHIKONGO alleged to have "disappeared in 1979 Nikodemus KATOFA Ambrosius SHIVUTE Johannes KAKUVA- alleged to have "disappeared in 1980 In addition to those held at Mariental, Am­ Matheus NAHANGA - nesty International believes that many other alleged to have "disappeared in 1979 detainees may currently be held under the provisions of Proclamation AG.9 at detention cam­ Johannes NAKAWA- ps in Namibia. alleged to have "disappeared in 1979 Brendan SIMBWAYE- Alleged to have "disappeared" from restriction at , eastern Caprivi, in 1972 Restrictees

One Namibian is currently known to be restricted under a banning order imposed by the South African Minister of Justice under the 13

Sentenced Political Prisoners Nghidipo Jesaja HAUFIKU -1968, 20 years Petrus Nangolo IILONGO -1978,18 years As of September 1982 more than 45 Namibian political prisoners were believed to be serving Joseph IPANGUELA -1969, 20 years sentences imposed for political offenses. By far Ruben ITENGULA -1977,12 years the majority of these are held at the maximum security prison on Robben Island, a few miles off Sakeus Phillipus ITIKA -1968, 20 years the coast of Cape Town in South Africa. Most of Theofilus JASON -1982,9 years them come from Ovamboland in northern Namibia, more than two thousand kilometers from IdaJIMMY-1980,7years Cape Town, and have been imprisoned on Robben Rudolf KADHIKWA -1968, life imprisonment Island since the 1960s. Sixteen Namibian political prisoners are Petrus KAMATI-1968, life imprisonment believed to be serving life sentences. Like other Matheus Elia KANYUELE -1968, life imprisonment political prisoners held in South Africa, they have unti I recently been den ied any possi bi Iity of early Andjengo KAPULO -1980, 8 years release through remission of sentence or parole. Hendrik KARISEB -1980,10 years Some are advanced in age and reportedly suffer from poor health. The long distance between Rob­ Markus KATEKA - 1980,17 years ben Island and their homes means that, for most Lucius Nangala MALAMBO -1982,11 years prisoners, visits from family members are rare, of­ ten no more than once a year. Marius Isak MELCHEOR -1976, 8 years Most of these Namibian political prisoners Michaellfingilwa MOSES- have not been adopted as prisoners of conscience 1968, life imprisonment by Amnesty International as they are believed to have used or advocated violence for political Shinema NAILENGE -1968,20 years reasons. However, Amnesty International remains Olavi Rehabeam NAM BI NGA - concerned that many of them were convicted and 1968, life imprisonment sentenced to long terms of imprisonment after trials which did not satisfy international standards Johannes Otto NANKUDHU- of fair trial. For example, the largest group of sen­ 1968, life imprisonment tenced prisoners were convicted in 1968 under Betuel NUNJANGO -1968, life imprisonment retroactive legislation introduced some time after most of them were detained. In pre-trial custody, Johannes Alfons PANDENI-1978, 18 years the same prisoners were held incommunicado for Josef SAGARIAS - 1982, 9 years long periods and were allegedly tortured under in­ terrogation by South African security police. They Immanuel Augustus SHIFIDI- were eventually tried and convicted in South 1968, life imprisonment Africa although they were alleged to have com­ Simeon SHIHUNGILENI -1968, life imprisonment mitted offenses in Namibia and, like most other Namibians sentenced for political offenses, they Gaus SHIKOMBA -1969, 20 years have been held in South Africa throughout their years of imprisonment. Nakali SHILENGELUA -1980, 8 years In the list that follows, the year of sentence Heikkie SHILILIFA -1978,5 years and the term of imprisonment imposed by the Julius Israel SHILONGO -1968, life imprisonment courts is given after each prisoner's name: David Hamuneme SHIMUEFELENI -1968, 20 years

Naftalie AMUNGULU -1968, 20 years Johannes Samuel SHIPONENI- 1968, life imprisonment Willem BIWA -1978,6 years Philemon SHITILIFA -1968,20 years Eino Kamati EKANDJO -1968,20 years Joseph Helao SHITYUWETE -1968, 20 years Lazarus Carl GUITEB - 1977, 8 years Kaleb TJIPAHURA -1968, life imprisonment Justus Festus HAITA -1969, 20 years Herman Toivo Ja TOIVO -1968, 20 years Solomon Festus HAITA -1969,20 years Ndjaula TSHANINGUA -1968, 20 years Abel HALUTENI -1968, life imprisonment Simeon Namuganga HAMULEMO -1968,20 years EliazarTUHADELENI-1968, life imprisonment 14

Malakia Shivute USHONA - 1968, life imprisonment Benjamin Crispus UULENGA -1977,15 years Messah VICTORY -1969, life imprisonment Lazarus ZACHARIAH - 1968, 20 years

Prisoners Taken in the Armed Confict

The South African military authorities have regularly issued statistics concerning the number of casualties sustained by their own forces and by SWAPO in the armed conflict in Namibia. However, South African accounts of SWAPO casualties invariably refer only to fatalities, and similar figures relating to those taken prisoner are not disclosed. Thus, it is not known how many members of the military wing of SWAPO may be in South African custody, nor where such prisoners may be held, nor under what conditions. Such prisoners appear not to be accorded prisoner of war status by the South African authorities but it is only on rare occasions that any of them have been brought to trial and prosecuted for alleged offenses under the security laws prevailing in Namibia. 15

THE NEXT STEP

The first step in trying to ensure the protec­ P.W. Botha, Union Building, Pretoria, South Africa, tion of human rights in any country is to get in­ and to the Administrator-General, Danie Hough, formation about how people are being treated by Office of the Administrator-General, Berg Hotel, the authorities there, taking care that the in­ Private Bag 1327/8, Wondhoek, Namibia (South formation is accurate and complete and that it is West Africa). Express your concern about con­ not politically biased or distorted. tinuing human rights violations like those detailed The next step is to act on the information in this report. available by mobilizing international public opinion in defense of the victims. Most of the 2. Try to help mobilize public opinion in your com­ Namibian victims are unknown outside their own munity. Send letters to newspaper editors, asking country. International attention focussed on the them to publicize what is happening in Namibia, if negotiations for a constitutional settlement and possible, send them a copy of this publication. independence for Namibia does not reveal the per­ secution of the Namibian people. International 3. Share this report with other people you feel publicity may well be their only hope of protection ought to know about the facts in it. Discuss it with. and in some cases world attention has saved your family and friends; encourage them to ex­ lives. The single most important need, therefore, press their concern by writing appeals. is to make people aware of what is happening. 4. For other information about Amnesty In­ What You Can Do ternational's work on Namibia and other countries where human rights are violated, contact any of 1. Write to the Prime Minister of South Africa Hon. the following Amnesty International USA offices.

National Office 304 West 58th Street New York, NY 10019 (212) 582-4440

Washington Office Midwest Regional Office 705 G Street, SE 407 South Dearborn/Room 500 Washington, DC 20003 Chicago, IL 60605 (202) 544-0200 (312) 427-2060

New England Regional Office Southern Regional Office 12 Parker Street 730 Peachtree/Suite 1000 Cambridge, MA 02138 Atlanta, GA 30308 (617) 492-8781 (404) 876-5661

Western Regional Office/Los Angeles Western Regional Office/San Francisco 633 South Shatto Place/Room 201 3618 Sacramento Los Angeles, CA 90005 San Francisco, CA 94118 (213) 388-1237 (415) 563-3733 16

ADDITIONAL MATERIALS FOR THE CAMPAIGN

Poster Leaflet

A 3 color poster has been created for the special A leaflet, describing incommunicado detention, Action, showing Namibia within the map of the abduction and torture of Namibian detainees is African Continent. Amnesty International's available on individual order for free or on a Human Rights concerns in Namibia are printed nominal charge for bulk order. across the top. The poster will be available through the Amnesty International USA Offices for $3. 17

AMNESTY INTERNATIONAL: PURPOSE AND HISTORY

In recent years, people throughout the world of any government, political group, ideology, have become more and more aware of the urgent economic interest, or religious creed. need to protect human rights effectively in every It began with a newspaper article, "The Forgotten part of the world. Prisoners," published on May 28, 1961, in The Observer (London) and reported in Le Monde (Paris). • Countless men and women are in prison Announcing an impartial campaign to help for their beliefs. They are being held as victims of political persecution, the British lawyer prisoners of conscience in scores of coun­ Peter Benenson wrote: tries - in crowded jails, in labor camps, and in remote prisons. Open your newspapers any day of the • Thousands of political prisoners are being week and you will find a report from held under administrative detention somewhere in he world of someone being orders and denied any possibility of a trial imprisoned, tortured, or executed or an appeal. because his opinions or religion are un­ • Others are forcibly confined in psychiatric acceptable to his government.... The hospitals or secret detention camps. newspaper reader feels a sickening • Many are forced to endure relentless, sense of impotence. Yet if these feelings systematic torture. of disgust all over the world could be • More than a hundred countries retain the united into common action, something death penalty. effective could be done. • Increasingly, political leaders and ordinary citizens are becoming the victims Within a week he had received more than a of abductions, "disappearance," and thousand offers of support - to collect information, killings, carried out both by government publicize it and approach governments. The ground­ forces and opposition groups. work was laid for a permanent human rights organi­ zation that eventually became known as Amnesty International. The first chairperson of its Interna­ AN INTERNATIONAL EFFORT tional Executive Committee (from 1963 to 1974) was Sean MacBride, who received the Nobel Peace Prize To end secret arrests, torture, and killing in 1974 and the Lenin Prize in 1975. requires organized and worldwide effort. Amnesty International is part of that effort. Launched as an independent organization 20 THE MANDATE years ago, Amnesty International is open to anyone prepared to work universally for the Amnesty International is playing a specific role in release of prisoners of conscience, for fair trials the international protection of human rights. for political prisoners, and for an end to torture and execution. • It seeks the release of men and women The movement now has members and supporters detained anywhere because of their beliefs, in more than 130 countries. It is independent color, sex, ethnic origin, language or 18

religious creed, provided that they have cases in their own country. No section, group or not used or advocated violence. These are member is expected to provide information on termed prisoners of conscience. their own country and no section or member has • It works for fair and prompt trials for all any responsibi'ity for action taken or statements political prisoners and works on behalf of issued by the international organization con­ such people detained without charge or cerning their own country. trial. • It opposes the death penalty and torture or other cruel, inhuman, or degrading treat­ CONTINUOUS RESEARCH ment or punishment of all prisoners with­ out reservation. The movement attaches the highest im­ portance to balanced and accurate reporting of This mandate is based on the civil and political facts. All its activities depend on meticulous rights set down in the United Nations Universal research into allegations of human rights viola­ Declaration of Human Rights and it reflects the tions. The International Secretariat in London belief that these rights transcend the boundaries (with a staff of 150, representing nearly 30 nation­ of nation, race, and belief. alities) has a research department which collects Through its practical work for prisoners, and analyzes information from a wide variety of Amnesty International participates in the wider sources. These include hundreds of newspapers promotion and protection of civil, political, and journals, government bulletins, transcriptions economic, social, and cultural rights. of radio broadcasts, reports from lawyers and Amnesty International does not oppose or humanitarian organizations, as well as letters support any government or political system. Its from prisoners and their families. Amnesty Inter­ members around the world include supporters of national also sends fact-finding missions for on­ differing systems who agree on the defense of all the-spot investigations and to observe trials, meet people in all countries against imprisonment for prisoners, and interview government officials. their beliefs, and against torture and execution. Amnesty International takes full responsibility for its published reports and if proved wrong on any point is prepared to issue a correction. Once the relevant facts are established, informa­ AMNESTY INTERNATIONAL AT WORK tion is sent tc national sections and groups for action. The members then start the work of trying to The working methods of Amnesty International are protect the individuals whose human rights are based on the principle of international responsibility reported to have been violated. They send letters to for the protection of human rights. The movement government ministers and embassies. They organize tries to take action wherever and whenever there are public meetings, arrange special publicity events ­ violations of those human rights falling within its such as vigils at appropriate government offices or mandate. Since it was founded, Amnesty Interna­ embassies - and try to interest newspapers in the tional groups have intervened on behalf of more than cases they have taken up. They ask their friends and 20,000 prisoners in over a hundred countries with colleagues to help in the effort. They collect widely differing ideologies. signatures for international petitions and raise money A unique aspect of the work of Amnesty Interna­ to send relief, such as medicine, food, and clothing tional groups - placing the emphasis on the need to the prisoners and their families. for international human rights work - is the fact that each group works on behalf of prisoners held in countries other than its own. At least two prisoner A PERMANENT CAMPAIGN cases are assigned to each group; the cases are balanced geographically and politically to ensure impartiality. In addition to casework on behalf of individual There are now some 2,500 local Amnesty Interna­ prisoners, Amnesty International members cam­ tional groups throughout the world. There are paign for the abolition of torture and the death national sections in 41 countries (in Africa, Asia, the penalty. This includes trying to prevent torture and Americas, Europe and the Middle East) and executions when people have been taken to known individual members, subscribers and supporters in a torture centers or sentenced to death. Volunteers in further 94 countries. Members do not work on dozens of countries can be alerted 19 in such cases, and within hours hundreds of tele­ POLICY AND FUNDS grams and other appeals can be on their way to the government, prison or detention center. Amnesty International is a democratically run In its efforts to mobilize world public opinion, movement. Eac1 year major policy decisions are Amnesty International neither supports nor opposes taken by an International Executive Council com­ economic or cultural boycotts. It does take a stand prising representatives from all the national sections. against the international transfer of military, police, They elect an International Executive Committee to or security equipment and expertise likely to be used carry out their decisions and supervise the day-to-day by recipient governments to detain prisoners of con­ running of the International Secretariat. science and to inflict torture and carry out The organization is financed by its members executions. throughout the world, by individual subscriptions and Amnesty International does not grade govern­ donations. Members pay fees and conduct fund­ ments or countries according to their record on raising campaigns - they organize concerts and art human rights. Not only does repression in various auctions and are often to be seen on fund-raising countries prevent the free flow of information about drives at street corners in their neighborhoods. human rights abuses, but the techniques of repres­ Its rules about accepting donations are strict and sion and their impact vary widely. Instead of ensure that any funds received by any part of the attempting comparisons, Amnesty International con­ organization do not compromise it in any way, affect centrates on trying to end the specific violations of its integrity, make it dependent on any donor, or limit human rights in each case. its freedom of activity. Human rights have been violated not only by The organization's accounts are audited annually governments, but also by political groups. People and are published in its annual report. have been taken prisoner and held hostage; torture Amnesty International has consultative status has been inflicted and executions carried out in the with the United Nations (ECOSOC), UNESCO, and name of different political causes. Amnesty Interna­ the Council of Europe. It has cooperative status with tional opposes these acts in all cases, whether they the Inter-American Commission on Human Rights of are perpetrated by government forces or opposition the Organization of American States and is a groups. It believes that international standards for member of the coordinating committee of the Bureau the protection of human rights and the humane treat­ for the Placement and Education of African ment of prisoners should be universally respected. Refugees of the Organization of African Unity.

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