ADJOURNMENT TO 20 SEPTEMBER 2000

On 30 August 2000, 13 Namibians from the Caprivi region appeared in the Gaborone Magistrates Court as part of the extradition process for their involuntary repatriation to Namibia.

They were informed that their warrants of apprehension had been issued. At the time they had no lawyer. They were informed by the Court that they had the right to be represented by a lawyer at their own cost. The case was postponed to 13 September 2000.

On 13 September 2000, Mr Tengo Rubadiri, the lawyer representing the 13 Nambians argued that the warrants of apprehension had not been properly endorsed. Magistrate Annah Mothiba, agreed with Tengo Rubadiri. She ruled that`the warrants of apprehension were not endorsed and therefore had not been issued according to law. Magistrate Mothiba stopped the proceedings to allow for proper endorsement of the warrants. 

On 14 September 2000, Mr Shakes Busang, the State Counsel, informed the Court that the warrants had been properly endorsed and served after the adjournment on 13 September 2000. Mr Tengo Rubadiri asked to see the request for extradition from the Namibian High Commissioner to Botswana. He argued that such request is required by law. Magistrate Mothiba ruled that the hearing be adjourned to 20 September 2000 to allow Tengo Rubadiri to peruse the court records. 

DITSHWANELO- The Botswana Centre for Human Rights is concerned about whether or not the 13 Namibians would receive a fair trial if they were returned to Namibia. Recent reports on Namibia, made by Amnesty International and the US Department of State (both released this year) make reference to reports of extrajudicial killings and rape by security forces in the Caprivi region. There have also been reports of widespread abuse and torture of civilians and detainees and unexplained disappearances. 

DITSHWANELO is concerned about the how fair a trial the 13 men would have if they were extradited, in light of recent developments in Namibia. A Namibian NGO, National Society for Human Rights has reported that in a recent trial, the accused persons from the Caprivi who gave testimony, told of torture beatings and intimidation after arrest.

DITSHWANELO - The Botswana Centre Human Rights remains committed to the protection of all people from torture. Freedom from torture is an essential ingredient for the exercise of the right to a fair trial.

14 September 2000
Gaborone