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Study Exposes Unlawful Pre-Trial Detentions in Windhoek

Namibia police
Namibia police ( Pictures for illustration purpose)

A recent study by the Namibia University of Science and Technology (NUST) has highlighted significant concerns regarding pre-trial detentions in Windhoek. The research, led by Dr. Stefan Schulz and Dr. Hennie Bruyns, examined practices at the Wanaheda, Katutura, and Otjomuise police stations.

Over a three-month period from June to August 2024, the study analyzed 199 police dockets that were rejected by prosecutors. Notably, nearly half of the detainees associated with these dockets were released due to insufficient evidence linking them to any crime. Additionally, the study found that approximately 43% of cases involved prosecutors directing the Namibian Police to issue admission-of-guilt fines instead of pursuing formal charges.

Dr. Schulz emphasized the gravity of these findings, stating, "Every one of these cases represents a human rights violation and a potential lawsuit against the state." He further noted, "That's more than 200 citizens in Windhoek alone who are unlawfully detained, bleeding the government coffers through legal liabilities."

The study underscores systemic issues within the pre-trial detention framework, including patterns of unjustified and potentially unlawful detentions. These practices not only infringe upon individual rights but also pose significant financial risks to the state due to potential legal actions arising from unlawful detentions.

This research builds upon previous studies that have highlighted challenges in Namibia's pre-trial detention system. A 2021 article by Schulz and Bruyns pointed out that Namibia's population of unconvicted inmates in police custody has been on the rise, with concerns about overcrowding and the conditions of detention.

The findings call for urgent reforms in the criminal justice system to address these issues, ensure the protection of human rights, and mitigate potential financial liabilities for the state.
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