Right to Kill’ Must Go Now

Namibia's National Human Rights Organisation (NAMRIGHTS) vehemently condemns the apparent blatant murder of a motorist, who was reportedly shot dead by members of the Namibian Police (NamPol) in the City of Windhoek in the small hours of Sunday morning. Human rights sources yesterday and media reports this morning indicate that NamPol members have shot and killed Mathew Shipanga (36), a Windhoek resident, who allegedly ignored a Police order to stop.

According to the country’s main independent English daily, The Namibian, Col. Silvanus Nghishidimbwa, who is NamPol’s Crime Investigation Coordinator in the Khomas Region, explained that the fatal shooting took place when Shipanga, who was traveling in a vehicle, failed to heed Police officers’ orders to stop his vehicle.

Section 49 of the Criminal Procedure Act 1977 (Act 51 of 1977) as amended---which is notoriously known among human rights circles as “the right to kill section”---states that, in the event that a suspect resists arrest or flees, the arresting officer may, “in order to effect the arrest use such force as may in the circumstances be reasonably necessary to overcome the resistance or prevent the person concerned from fleeing”.

The Act also states that if the person is being arrested for a Schedule 1 offense, or if the arresting officer has reasonable ground to suspect that such an offense has been committed, and the arresting officer is unable to effect the arrest or prevent the suspect from fleeing by other means either than by killing him, “the killing shall be deemed to be justifiable homicide”.

“However, in terms of Article 6 of the Namibian Constitution---read together with the provisions of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR)---no law may prescribe death as a competent sentence, and, further, that no executions shall take place in Namibia. Suffice is to say that the Constitution is the supreme law of the country and law implementation officials are ipso facto strictly prohibited from carrying out any executions of suspects, for whatever reasons, save in self defence. We are increasingly becoming alarmed by reports of trigger-happy Police officers as well as reports of Police brutality”, said NAMRIGHTS’ head, Phil ya Nangoloh, this morning.

Col. Nghishidimbwa reportedly said that the fatal shooting incident is being investigated by NamPol’s Complaints and Discipline Unit (CDU). However, NAMRIGHTS is, instead, calling upon the Ministry of Safety and Security to appoint an independent commission, consisting of, among others, human rights defenders, to investigate the circumstances leading to the killing of Shipanga.

We are also urging Parliament to urgently abolish the offensive elements of Section 49 of Act 51 of 1977 in order to avoid further unlawful killings of suspects by trigger-happy NamPol members.

For more about NAMRIGHTS, refer to: www.nshr.org.na.
 
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