Police in Namibia have admitted in the Windhoek Supreme Court to carrying out or condoning the torture of political detainees. During the trial of eight Namibians charged with advancing SWAPO's armed struggle police belonging both to the Security Branch and the Counter-Insurgency Unit (COIN – formerly known as Koevoet) gave revealing evidence about the brutal treatment of captured combatants.
Andreas HEITA (22), Salomo PAULUS (27), Andreas Gideon TONGENI (23), Gabriel MATHEUS (23), Martin AKWEENDA (23), Johannes NANGOLO (33), Petrus Kakede NANGOMBE (23) and Sagaria Shipanga Balakius NAMWANDI (18) face over 100 counts of 'terrorism' under the Terrorism Act of 1967 which, although repealed in South Africa, remains in force in Namibia. They also face a large number of charges for common law offences after an amendment to the indictment. This was necessitated by a court ruling in this case invalidating charges under the Terrorism Act if they referred to acts committed after June 1985 when the MPC administration was inaugurated and a Bill of Rights introduced.
The dramatic evidence of torture emerged during a 'trial within a trial' to determine the admissability of statements made by the accused while in detention. Their lawyers challenged the statements on two counts –that they had been obtained under duress and that they were not taken in accordance with legal procedure.
Two officers from the Oshakati Security Branch gave evidence, including the investigating officer in the case, Warrant Officer van der Hoven. Another witness, Nikodemus Namupala, was one of the officers who detained Heita and Paulus, the first two accused who are both charged with being PLAN combatants. The remaining defendants are alleged to have assisted them.
Both Heita and Paulus were injured on arrest – Heita had a gunshot wound to the arm and Paulus was seemingly run down by a police vehicle. He was sent to Pretoria for treatment. Heita, however, was interrogated immediately in spite of his injuries and brutally assaulted by Captain Ballach of COIN. The evidence of three policemen told a horrific tale – Ballach removed a drip from Heita's arm and beat him repeatedly with lengths of hosepipe during a three hour interrogation. He was then assaulted again the following day. Heita was asked to strip to the waist in court to display his scars which according to one policeman would require skin grafts. The police admitted that injuries to his back, head and ear were all caused after his arrest. His back in particular was scarred by large patches of abnormal and discoloured skin growth, the largest some 17 x 13 cms in size.
Captain Ballach admitted that he had given Heita 'a good hiding' and, when pressed by the judge, acknowledged that the scars were 'extraordinarily serious'. He disputed the defence statement that it was a barbarous assault and also denied that Heita had been given electric shock torture so severe that he lost consciousness.
Ballach maintained that the assault was justified in order to force Heita to reveal information. In his words, 'he told lies ... but after being assaulted he was completely willing to tell the truth.' Warrant Officer Nikodemus Namupala, a veteran of 13 years with the Security Branch, had witnessed the torture but made no protest. He said he had never come across a case where a junior officer reported a senior one for assaulting 'an ordinary criminal'. He affirmed that the branch's attitude was to 'thrash' a prisoner 'until he points out what has to be pointed out'. He conceded only that they did not have authorisation to kill captives.
However, Ballach's evidence revealed that even where SWAPO combatants do die in detention or during capture no details are recorded, nor are inquests held: 'we simply do not keep any records'. He denied that any were buried secretly and claimed that captured combatants were kept in approved rehabilitation centres and subsequently released. However, he could give no details of any such releases.
Although Heita had been the most severely abused, there was evidence that Ballach was also seen assulting Nangolo and Matheus. Another defendant was severely beaten on his genital organs. Some assaults were carried out in a cemetery in Windhoek where explosives were discovered – bystanders who remonstrated with the police were frightened off by gunfire. Ballach was also implicated in severe assaults on SWAPO members sentenced to long prison terms in May 1986: Erastus Uutoni and Desiderius and Norbert Ankome.
In addition to charging duress, the defence pointed out a number of legal irregularities in the statements: members of the security police acted as both interpreters and commissioners of oaths for them and certain officers certified different statements, at the same time, at different places. It was proved that Heita's statement was not even signed by him.
On 10 March the state withdrew as evidence all the contested statements, in advance of any ruling by the judge. Arguments on the substance of the case by state and defence were then completed and the trial adjourned to 20 May when judgement will be given. The defence asked for the discharge of Tongeni, Matheus and Nangombe on the grounds of insufficient evidence.
