The continued detention of at least 118 young Namibians, six years after they were captured by South African forces during an attack on the Kassinga refugee settlement in southern Angola, was brought to public attention by a court action initiated by relatives of some of the detainees and three prominent church leaders in March.
Their initiative, and the call by Herman ja Toivo for the immediate release of the Kassinga detainees, reinforces international concern about the detainees' fate. There has been increasing pressure for their release in recent months.
In an action brought against the South African Minister of Defence, the Administrator-General, the head of the SWA Territory Force and the Officer Commanding Mariental military detention camp, 23 applicants have submitted affidavits calling for the release of 37 prisoners held at the Mariental detention camp. Among the applicants are Bishop Kauluma of the Anglican church, Bishop Hausiku of the Catholic church and Bishop Dumeni of the Evangelical Lutheran Ovambo-Kavango church, as well as 19 others, mostly relatives of the detainees.
Lawyers acting for the applicants stated in their submission that the captives were 'unlawfully seized by the SADF outside the territory of South West Africa across an international frontier in the sovereign state of Angola'. Such abduction was contrary to the laws of the territory of Namibia. The lawyers submitted that 'the said captives have been removed against their will from the sovereign state of Angola, held against their will in captivity for six years, denied their common law rights, not least to liberty, and have not been charged or brought to trial in all that time'.
'It also appears', the statement says, 'that in certain instances there has been maltreatment, unlawful under both the laws of this territory and international law'.
The lawyer acting for the applicants, David Smuts, said in his affidavit that he had received confirmation from the SWATF that the detainees were being held under Proclamation AG9. He pointed out that AG9, which provides for emergency regulations being imposed on an area, giving the security forces powers of search, detention and seizure, did not apply to the Mariental district.
A former Kassinga detainee, and relatives of 15 of the detainees held at Mariental, all submitted affidavits to the court demanding their release.
Benedictus Shilongo, who had been held for six weeks at Oshakati after his abduction from Kassinga, gave the names of 13 persons who had been captured with him and were still being held. He said in his affidavit that he was assaulted on various occasions with a clenched fist or a stick, and was also given electric shocks. He saw another detainee, Nikodemus KATOFA, being hung up for long periods on a wire fence by his arms, his feet not touching the ground, Shilongo said he was blindfolded for most of his detention, and regularly heard screams in the camp where he was being held. He was released with nine friends after six weeks.
Josef Katofa said in a sworn statement that his two brothers, Nikodemus and Efraim Katofa, had both gone to Angola in 1978. He later heard that they had been abducted and taken to Oshakati, and subsequently to Mariental. Another applicant, Simon Shilongo, said he had seen his sister Frederika at the Mariental camp in November 1983. She had told him that there were, among the prisoners, more than 100 young women at Mariental.
Bishop James Kauluma said in his affidavit that he had often been approached by members of the civilian population for help in finding lost relatives or friends, some of whom were held by the South African armed forces. Since no family or friends of nine named detainees could be traced, he felt it his duty to join in the application on behalf of the detainees.
The South African authorities have never released the names of all the Kassinga detainees. The fact that only 37 of an estimated 118 detainees have been named in the application points to the difficulties facing those campaigning for their release.
David Smuts stressed in his submission that despite great efforts on his part, he could not trace the family or friends of 12 detainees. He pointed out that this was a consequence of the security situation, poor communications and the climate of fear in the country. He asked the Windhoek Supreme Court to order the respondents to produce all the internees named, state on what charges they are being held, why they are being detained, and release them from the camp.
