FOLLOW UP REPORT ON CONDITIONS PREVAILING AT

POLICE CELLS IN NAMIBIA

COMPILED BY: JOHN R WALTERS OMBUDSMAN OF THE REPUBLIC OF NAMIBIA NAMIBIA

SEPTEMBER 2008

THE QUESTION IS NOT “WHAT IF HE/SHE WAS GUILTY ALL ALONG?”,

THE QUESTION IS “WHAT IF HE/SHE WAS INNOCENT ALL ALONG?”

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C O N T E N T S Page

Executive Summary ……………………………………………………… 1-5

Khomas Region …………………………………………………………… 6

Katutura ..…………………………………………………………… 6

Wanaheda …………………………………………………………. 7

Erongo Region ……………………………………………………………. 8

Walvis Bay …………………………………………………………. 8-9

Narraville Sub-station ……………………………………………. 9

Swakopmund ……………………………………………………… 10

Karibib ……………………………………………………………… 11

Omaruru …………………………………………………………… 12-13

Hardap and Karas Regions …………………………………………….. 13

Luderitz …………………………………………………………….. 13-14

Mariental …………………………………………………………… 14-15

Kalkrand …………………………………………………………… 15

Rehoboth ………………………………………………………….. 16

Otjozondjupa, Oshikoto, Oshana, Ohangwena, Kavango

and Caprivi Regions ……………………………………………………. 17

Okahandja ………………………………………………………… 17

Otjiwarongo ………………………………………………………. 18

Otavi ………………………………………………………………... 19

Tsumeb …………………………………………………………….. 19-20

Oshivelo …………………………………………………………… 20-21

Oshakati …………………………………………………………… 21-22

Grootfontein ……………………………………………………… 22-23

Rundu ……………………………………………………………… 23-24

Katima Mulilo …………………………………………………….. 24-25

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EXECUTIVE SUMMARY: FOLLOW UP POLICE CELL REPORT

Introduction Follow up visits to selected police cells throughout the country were prompted by –

the constitutional and statutory obligation to investigate matters in respect of which the Ombudsman has reason to suspect that fundamental rights and freedoms are diminished or violated;

judiciary officials continued to express themselves in Court about the unacceptable

conditions within which people were detained in police cells; a case in point is the unreported judgment in Malcolm McNab and Others vs Ministry of Home Affairs NO and Others by acting Judge Angula, delivered on 12 July 2007 and stating that –

“An arrested person has a right to be held in conditions which are not degrading. It is a violation of an arrested person’s constitutional right to be held in such horrendous conditions. It is plainly unconstitutional and unlawful. We all have accepted the Constitution as our Supreme Law. We are all parties to this sacred contract. As a judge, I am oath-bound to uphold the Constitution for the benefit of all who live in Namibia. It is of no consequence to me that those who are responsible for the upkeep of holding cells say that they have no resources to maintain the holding cells in a clean and hygienic condition in compliance with the dictates of the Constitution. It has been held by this court that a lack of financial resources should not be a factor to be taken into account by a court in enforcing the fundamental rights enshrined in the Constitution. The State is constitutionally bound to find and make resources available, failing which it will be held liable for violation of the person’s fundamental rights.”

questions from concerned organisations, members of the public and the media as to

whether there were any improvements in the situation as it related to police cells during 2006 and following my Special Report to Parliament at the time.

Due to staff and financial constraints, we attempted to visit at least those facilities which were identified in the 2006 report as the worst cases; the visits were carried out during August 2008 and the following stations were visited and are included in this report:

KHOMAS REGION KATUTURA WANAHEDA

ERONGO REGION WALVIS BAY

NARRAVILLE SUB-STATION

SWAKOPMUND KARIBIB OMARURU

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HARDAP AND KARAS REGIONS

LUDERITZ MARIENTAL KALKRAND REHOBOTH

OTJOZONDJUPA, OSHIKOTO, OSHANA, OHANGWENA, KAVANGO AND CAPRIVI REGIONS REGIONS OKAHANDJA OTJIWARONGO OTAVI TSUMEB OSHIVELO OSHAKATI GROOTFONTEIN RUNDU KATIMA MULILO

The information included in the report was again gathered at the hand of a pro-forma questionnaire which was used in order to standardise information; also, the information was acquired through interviews with station commanders or their deputies; as before, detainees were not interviewed in order to maintain the focus of the report on general conditions/circumstances/problems and possible reasons for the prevailing conditions, rather than problems experienced by individuals. I have again included photographs of the various facilities; however, in this report I have also included some 2006 photographs as a means of comparison and to provide honourable members with an instant view of some of the improvements which took place since the 2006 report.

General Findings

Introduction: Situations and problems experienced remained quite similar at the different police cells and I have again decided to combine the most pressing issues rather than attempting to highlight problems at each station; however, I have been informed that a number of particular problems relating to specific stations were brought to the attention of my investigating team, with a request that I should assist in resolving those; after consideration of the request and studying the issues, I came to the conclusion that the problems do not necessarily have a bearing on the material content of the report and I have thus acceded to their request not to include those matters in the report; however, those issues will be taken up with the Inspector General separately in an attempt to have them resolved.

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Staffing: At some of the stations, we were informed that there is a shortage of police investigators, causing criminal cases to be delayed as a result of investigations not being completed. Procurement: Food: We were pleasantly surprised to find that directives were put in place to ensure that all stations are treated equal when it comes to food supplies. A standard diet is pretty much followed throughout, with the exception of one or two stations. Most stations are also now responsible for the acquisition of their own food and they no longer have to rely on the bigger centres to provide them with food. However, where that is still the case, it is interesting to note that food supply problems in those circumstances still persist. It was unfortunate that the surprise was slightly curbed when we were informed by more than one station of non-payment of supplier’s invoices which result in food supplies being stopped. Payments are processed by head office in Windhoek.

Cleaning materials and toiletries: Cleaning materials seems to remain a big problem; most of the stations indicated that they do not receive enough cleaning materials (including washing powder for blankets). As pointed out in the previous report, water alone is not sufficient to clean the dirty and unhygienic cells. Washing of blankets still presents a major problem at the coastal stations due to the weather, while a major problem exists in Rehoboth where they have no washing facility to wash the blankets at the cells. Regarding body soap, it was no longer indicated as a problem, neither was toilet paper except in one instance.

Physical infrastructure:

The physical infrastructure at many of the stations have undergone from minor (fixing ceilings and cell doors, painting, installation of new toilet pots) to major (Kalkrand, Mariental, Grootfontein) renovations. However, there are quite a number of stations which are still in dire need of overhauling. In the 2006 report I pointed out that immediate action was required when people are detained where there is no or very limited natural lighting and/or air circulation, such as the Katutura and Wanaheda police cells. While the situation at the Katutura station was addressed, the situation at Wanaheda remained unchanged. I was especially concerned that females are detained at Wahaheda under the same conditions as in 2006.

General: While overcrowding at some stations improved due to different reasons, the problem still persists at other stations and in some cases it is even worse than in 2006.

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I was confidentially informed that the relationship between the police on the one hand and the magistrates/prosecutors on the other hand, is not always a good one; this will obviously result in cases not being processed timely, adding to the overcrowding problem. Mentally ill detainees at some stations have waited more than a year to be sent to Windhoek for psychiatric evaluation; mentally ill people have special needs which cannot be catered for in a police cell, not to mention the various risks presented by such a situation. A number of problems related to specific stations are mentioned in the detail station reports and there is no need to repeat all the information here.

Recommendations:

Let us remind ourselves once again that police holding cells are intended for short detentions only and police officers/infrastructure are not equipped to deal with long detentions; it is therefore imperative that cases should be processed with urgency and if that is not happening - and it is not – we should make concerted efforts to find out exactly what the stumbling blocks are and address those. Having thoroughly considered all the aforementioned, I recommend as follows:

That the female detainees at Wanaheda holding cells be transferred to the women’s section of the Windhoek Central Prison until such time that the female cell at the station is renovated to provide proper accommodation;

that a concerted effort be made between the relevant Ministries to ensure that long outstanding cases are processed as a matter of urgency in order to reduce cell populations;

that prison facilities be equipped to accommodate trial awaiting detainees who are not

given (or cannot afford to pay) bail. The infrastructure already exist at prison institutions to properly take care of detainees and this would greatly alleviate the responsibility of police officers to take care of detainees for extended periods of time;

social workers should become involved in those cases where parents request juveniles to

remain in the police cells because they do not want them at home; thought should be given to construct juvenile detention centres as an alternative if the problem cannot be resolved in any other way;

in the 2006 report I put forward as an idea to partly resolve the cleaning material issue,

that all police stations be allocated a specific amount for cleaning materials, no matter how small and that it be up to each station to control the amount and order stock accordingly, however sparsely, to cover the whole financial year. It is unfortunate that this was not considered and as a result the problems still continue; I would like to again reiterate the suggestion as a means of solving the matter;

those cells in the worst conditions be prioritised for urgent renovation.

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Finally, I have to express my sincere gratitude to all parties involved in the improvements which took place in the two years since my last report; I also want to thank the Inspector General of the Namibian Police, Lt Gen S Ndeitunga for his unwavering support in the execution of this task, as well as all the Station/Deputy Station Commanders without whose co-operation this task could not have been carried out successfully.

I look forward to more improvements following this report and remain available for further assistance in any way that I can. I thank Honourable Members of the House for once again giving me this opportunity.

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KHOMAS REGION POLICE STATION : KATUTURA INFORMATION PROVIDED BY : INSPECTOR H S VAN ZYL DATE : 4 SEPTEMBER 2008 Number of cells at this police station: 9 Total cell capacity: 160 Total number of inmates currently: 98 Separate facilities for juveniles: Yes Separate facilities for females: Yes Possible reasons for improvement in previous overcrowding:

Construction of additional cells Names of two longest detained persons; how long have they been detained and on what charges:

Elias – since since 21 April 2007 – house breaking and theft

Johannes – since 30 Jan 2007 – rape Is the bedding sufficient and is it regularly cleaned: Yes How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned daily but problem to get cleaning material Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: Yes Is a telephone in working condition available for detainees: Detainees are assisted with calls when needed Is the food supply sufficient: Food consist of vegetable soup, bread, porridge, meat and coffee Is there a kitchen with sufficient utensils: Food is prepared at Windhoek Central police kitchen Medical arrangements in place: Visited by hospital staff once a week; taken to hospital or clinic for emergencies Visiting hours: Sundays from 08h00 – 13h00

2006……almost no natural lighting or air flow 2008……renovated; 6 x additional cells constructed……

Improvements:

Old cells renovated

Additional cells constructed

Overcrowding eliminated Problems:

Unable to supply prescription food to TB/HIV detainees

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POLICE STATION : WANAHEDA INFORMATION PROVIDED BY : CHIEF INSPECTOR NELUMBU DATE : 22 SEPTEMBER 2006 Number of cells at this police station: 8 Total cell capacity: 170 Total number of inmates currently: 244 Separate facilities for juveniles: Yes Separate facilities for females: Yes Possible reasons for overcrowding:

Bail not granted by Court/inability to pay bail when granted

High arresting rate Names of two longest detained persons; how long have they been detained and on what charges:

Lukas – since 18 February 2007 – robbery with aggravating circumstances

Frans – since 19 February 2007 – theft Is the bedding sufficient and is it regularly cleaned: Sufficient and washed by detainees themselves How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned twice daily by detainees themselves; cleaning materials are always available Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: Insufficient due to overcrowding, but in working condition Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Food supply is sufficient Is there a kitchen with sufficient utensils: The well equipped kitchen at the police single quarters is used and utensils are sufficient Medical arrangements in place: The clinic is opposite the police station and detainees are taken whenever they complain Visiting hours: Sundays from 08h00 – 13h00

2006…females are detained like 2008….no change in either the male sardines with no natural light or or female sections….. air flow….

Improvements:

None Problems:

Toilet facilities insufficient due to overcrowding

Urgent renovations required

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ERONGO REGION

POLICE STATION : WALVIS BAY INFORMATION PROVIDED BY : CHIEF INSPECTOR E MUKETE DATE : 12 AUGUST 2008 Number of cells at this police station: 8 Total cell capacity: 50 Total number of inmates currently: 57 Separate facilities for juveniles: Yes, at sub-station Narraville Separate facilities for females: Yes, at sub-station Narraville Possible reasons for improvement in previous overcrowding:

Intensive crime prevention

Petty cases are dealt with in Court soon

Affordable bail Names of two longest detained persons; how long have they been detained and on what charges:

Daniel – since 7 March 2007 – murder/attempted murder; robbery

Wilbard – since 16 March 2007 – murder; robbery Is the bedding sufficient and is it regularly cleaned: Bedding is sufficient, but cannot be washed at the cells due to the problem of drying; dry-cleaning has been suggested as the only option, but no feedback has been received from Head Office in Windhoek How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned by inmates regularly with mops and water; cleaning materials are sufficient Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: New toilet pots were installed and they are in a good working condition Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Sufficient; consist of meat, porridge, bread, potatoes, cabbage, peas, sugar beans, tinned fish, fruit juice and coffee; prepared in hygienic conditions Is there a kitchen with sufficient utensils: Well equipped kitchen with sufficient utensils Medical arrangements in place: Detainees are taken to the hospital on Tuesdays and Fridays; in case of emergencies, immediate medical attention is arranged Visiting hours:

Non-residents – during office hours Monday to Friday (also by arrangement)

Residents – Sundays from 14h00 – 16h30

2006….the use of paper other than toilet paper 2008……doors were fixed, but not properly (already breaking cause toilets to become blocked;….two cells could again); general renovations are also required…… not be utilized due to broken cell doors, causing other cells to be overcrowded….

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Improvements:

New toilet pots were installed and they are in good working condition

Cell doors fixed (albeit not properly)

Improvement in overcrowding Problems:

General renovations still required

Cell doors to be fixed properly

Cleaning of blankets

POLICE STATION : NARRAVILLE SUB-STATION INFORMATION PROVIDED BY : SGT A GURIRAB DATE : 12 AUGUST 2008 Number of cells at this police station: 4 Total cell capacity: 25 Total number of detainees currently: 21 currently, but at times over 30 Separate facilities for juveniles: Yes Separate facilities for females: Yes Possible reasons for overcrowding (although not currently overcrowded):

Postponement of cases for further investigations

No granting of bail Names of two longest detained persons; how long have they been detained and on what charges:

Sydney – since 11 March 2007 – murder & escaping from lawful custody

Nestor – since 24 February 2008 – murder Is the bedding sufficient and is it regularly cleaned: Bedding is sufficient and cleaned regularly How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned by inmates regularly and cleaning materials are available Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: Yes Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Yes Is there a kitchen with sufficient utensils: Food is prepared at Walvis Bay and brought to Narraville Medical arrangements in place: Clinic close by; visited as required Visiting hours: Sundays 14hoo – 16h00

2006…. the windows inside the cells

have been blocked with steel plates, 2006…. the status quo remains…. preventing any natural lighting or air circulation….

Improvements:

None Problems:

A solution should be found for the blocked windows to allow natural lighting inside the cell

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POLICE STATION : SWAKOPMUND INFORMATION PROVIDED BY : DET CHIEF INSPECTOR OTTILIE KASHUUPULWA DATE : 12 AUGUST 2008 Number of cells at this police station: 7 Total cell capacity: 72 Total number of inmates currently: 107 Separate facilities for juveniles: No, juveniles are sent to Narraville Separate facilities for females: Yes Possible reasons for overcrowding:

Constant postponement of cases to dates quite far ahead Names of two longest detained persons; how long have they been detained and on what charges:

Joshua – since 31 January 2006 – robbery

Isaack – since 6 November 2006 – rape Is the bedding sufficient and is it regularly cleaned: Blankets are not enough and washing is a problem because the blankets cannot get dry due to the weather; dry-cleaning the only option How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaning materials are not always sufficient Are detainees supplied with body soap: Yes, when available Are there sufficient toilet facilities and are the facilities in a good condition: Toilets are very old and not in a good condition Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Food is sufficient and consist of meat, fish, porridge, bread, soup, vegetables, fruit, coffee, tea and oros; prepared in hygienic conditions Is there a kitchen with sufficient utensils: Utensils insufficient and gas not delivered regularly Medical arrangements in place: Nurses used to visit the cells twice a week, but they stopped coming because they say it is not their duty; detainees are now taken to the hospital as required Visiting hours: Two hours on Sundays

2006….Urgent renovations are required…. 2008….exactly the same ….

Improvements:

None Problems:

Overcrowding worsened since the last report

General renovations urgently needed

Cleaning of blankets

Gas for the stove not delivered regularly

Nurses no longer visit the cells, which means that detainees have to be taken to hospital and guarded by police officers

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POLICE STATION : KARIBIB INFORMATION PROVIDED BY : D/SGT J MWATONGWE DATE : 11 AUGUST 2008 Number of cells at this police station: 6 (of which only 3 are utilised for male detainees; 1 is reserved for females, 1 is used for storage and 1 cell cannot be used due to a broken door) Total cell capacity: 40 Total number of inmates currently: 32 Separate facilities for juveniles: Juveniles are sent to Arandis Separate facilities for females: Yes Possible reasons for improvement in previous overcrowding:

Cases are dealt with quicker Names of two longest detained persons; how long have they been detained and on what charges:

Emile – since 16 September 2003 – robbery

McDonald – since 16 September 2003 – robbery Is the bedding sufficient and is it regularly cleaned: Bedding is sufficient, but cannot be cleaned due to lack of cleaning material How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned by inmates regularly with mops and water; cleaning materials are not sufficient Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: 3 new toilet pots were installed Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Sufficient; consist of porridge, bread, soup, beans, peas, rice and coffee Is there a kitchen with sufficient utensils: Yes Medical arrangements in place: Clinic nurses visit the cells once a week, but detainees are also taken to the clinic if they get sick Visiting hours: On Saturdays from 14h00-16h00

2006….ablution facilities are in a terrible condition….entire holding cell 2008….3 new toilet pots….no renovations…gas stove block in need of extensive renovations…. the kitchen; a zink and a gas now has gas and is used for cooking…. stove without gas

Improvements:

3 New toilet pots

Gas stove supplied with gas

Improvement in overcrowding Problems:

Lack of cleaning material

General renovations required urgently

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POLICE STATION : OMARURU INFORMATION PROVIDED BY : W/O P J VRIESLAAR DATE : 13 AUGUST 2008 Number of cells at this police station: 4 Total cell capacity: 24 Total number of inmates currently: 41 Separate facilities for juveniles: One cell is made available for juveniles Separate facilities for females: One cell is made available for females Possible reasons for overcrowding:

Constant postponement of cases

Unaffordable bail (although it might be low)

Delays in investigations due to staff shortage and vehicles Names of two longest detained persons; how long have they been detained and on what charges:

Upindi – since July 2007 – rape

Gabriel – since July 2007 – rape Is the bedding sufficient and is it regularly cleaned: Bedding is sufficient and washed by detainees themselves; cleaning materials sufficient How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned by inmates regularly; cleaning materials sufficient Are detainees supplied with body soap: Yes, when available Are there sufficient toilet facilities and are the facilities in a good condition: Facilities are insufficient and not private, but in a satisfactory condition Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Sufficient; consist of porridge, fish, chicken, beans, eggs, cabbage, etc as well as coffee and tea. Is there a kitchen with sufficient utensils: The electric stove in the kitchen is no longer in a working condition and there is no gas stove; cooking is done outside at the moment Medical arrangements in place: People are taken for treatment on a daily basis if the need is there. The problem is that they have to wait at the hospital for long periods of time, which means they have to be guarded by police officers Visiting hours: Tuesdays and Sundays 14h00-16h00

2008….wall was replaced….still no natural light or air ventilation….no privacy when using the toilet….

2006….petrol pump not enclosed since wall protecting it from outside was demolished by the Dept of Works and never rebuild….no natural light or air ventilation, since the windows had to be covered permanently in order to avoid interference from outside…. no privacy when ablution facility is used….

A cockroach nest inside one of the cells – detainees have to be taken to the hospital on a daily basis to have roaches removed from their ears

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Improvements:

Wall was rebuilt

Food supplies improved Problems:

Stove has been broken for some time; there is no gas stove and cooking has to be done outside on open fires

Nurses are not prepared to visit cells

HARDAP AND KARAS REGIONS

POLICE STATION : LUDERITZ INFORMATION PROVIDED BY : INSPECTOR E S IIKUYU DATE : 5 AUGUST 2008 Number of cells at this police station: 5 Total cell capacity: 35 Total number of inmates currently: 25 Separate facilities for juveniles: A separate cell is made available for juveniles, when needed Separate facilities for females: A separate cell is made available for females when needed Possible reasons for improvement in previous overcrowding:

Things improved drastically when a permanent magistrate was appointed Names of two longest detained persons; how long have they been detained and on what charges:

Samuel - March 2007 – housebreaking; escape from lawful custody (cannot afford N$2000 bail)

Eduard - March 2007 – robbery (cannot afford N$2000 bail) Is the bedding sufficient and is it regularly cleaned: Bedding is sufficient, but cleaning material is a problem How often are the holding cells cleaned and are there sufficient cleaning materials: Regularly swept and hosed down with water only, since cleaning materials are in short supply Are detainees supplied with body soap: Not often Are there sufficient toilet facilities and are the facilities in a good condition: The facilities are not in a good condition Is a telephone in working condition available for detainees: Detainees are allowed to make calls from Station Commanders office Is the food supply sufficient: The food supply consist only of porridge, beans, bread and coffee; meat only once a month, if they are lucky; no fruit or vegetables Is there a kitchen with sufficient utensils: Namdeb provided a new gas stove and replaced the ceiling of the kitchen Medical arrangements in place: Daily to prison nurse or if needed to a doctor at the hospital Visiting hours: Sundays from10h00 -12h00 and 14h00 -17h00

2006….the entire facility is in urgent 2008….Namdeb repaired the kitchen ceiling and

need of renovations, including the provided a new gas stove….otherwise no kitchen…. renovations to the cells

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Improvements:

Kitchen ceiling was repaired by Namdeb

Namdeb provided a new gas stove

Improvement in overcrowding

Problems:

The entire police building including the cells are in a state of rapid deteriotion; extensive upgrading was approved in October 2003, but since then nothing happened; there is also no general maintenance carried out;

while there was a major improvement in the food situation at most other stations, this is not the case in Luderitz

POLICE STATION : MARIENTAL INFORMATION PROVIDED BY : INSPECTOR S GROENEWALDT DATE : 8 SEPTEMBER 2008 Number of cells at this police station: 7 (the cells were renovated extensively) Total cell capacity: 84 Total number of inmates currently: 51 Separate facilities for juveniles: Yes Separate facilities for females: Yes Possible reasons for overcrowding: Not overcrowded Names of two longest detained persons; since what date have they been detained and on what charges:

Petrus – April 2007 – murder (in the process of being transferred to mental hospital in Windhoek)

Johannes – October 2007 – theft (cannot pay N$500 bail) Is the bedding sufficient and is it regularly cleaned: Sufficient and regularly cleaned How often are the holding cells cleaned and are there sufficient cleaning materials: Cells are cleaned regularly; cleaning materials not always suffficient Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: Yes and in a good condition Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Food sufficient; consist of porridge, bread, jam, vegetables, soup, fish, meat etc. and is prepared in hygienic conditions Is there a kitchen with sufficient utensils: Yes Medical arrangements in place: Taken to the clinic on Thursdays; immediate medical attention if required Visiting hours: Tuesdays from 14h00 -16h00, but family is allowed to visit if they come from far

2006…. this facility is hardly fit for human habitation 2008….extensively renovated….however, the vandalism and requires extensive renovations…. started already as can be seen on the middle picture….

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Improvements:

Cells renovated extensively

Food supply now sufficient

Overcrowding no longer exists

Problems:

None

POLICE STATION : KALKRAND INFORMATION PROVIDED BY : W/O M K JOODT DATE : 7 AUGUST 2008 Number of cells at this police station: 2 (New, big cells) Total cell capacity: 20 Total number of inmates currently: 21 Separate facilities for juveniles: No, juveniles are sent to Mariental Separate facilities for females: Yes, but in a bad condition (old cells) Possible reasons for overcrowding:

Unaffordable bail Names of two longest detained persons; how long have they been detained and on what charges:

Isaskar - 24 April 2008 – stock theft (cannot afford N$800 bail)

Salmon - 24 April 2008 – stock theft (cannot afford N$800 bail) Is the bedding sufficient and is it regularly cleaned: Sufficient and regularly cleaned, although cleaning material not sufficient How often are the holding cells cleaned and are there sufficient cleaning materials: Hosed down with water once a week; cleaning material not sufficient Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: New toilets Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Food supply is sufficient and consist of porridge, bread, rice, vegetables, tinned fish, meat etc. Is there a kitchen with sufficient utensils: Kitchen with sufficient utensils Medical arrangements in place: Taken to the local clinic on Thursdays Visiting hours: Thursdays from 14h00 -15h00

2006…. hole in the wall serves as a peephole 2008….new cell block; unfortunately the into female cell; walls are disintegrating…. vandalism has already started, as can be seen on the right….

Improvements:

New cell block was constructed Problems:

Overcrowding worsened slightly since the last report

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POLICE STATION : REHOBOTH INFORMATION PROVIDED BY : W/O C M M DIERGAARDT DATE INTERVIEWED : 8 AUGUST 2008 Number of cells at this police station: 7 Total cell capacity: 49 Total number of inmates currently: 130 Separate facilities for juveniles: Yes Separate facilities for females: Yes Possible reasons for overcrowding:

High crime rate/habitual criminals

Constant postponement of cases (also as a result of slow response on legal aid applications, amongst others)

Inability to pay bail

Parents of juveniles refuse to take responsibility for them Names of two longest detained persons; how long have they been detained and on what charges:

Patrick - March 2007 – stock theft

Frans - March 2007 – stock theft Is the bedding sufficient and is it regularly cleaned: The bedding is sufficient but cannot be cleaned due to the fact that there is no washing facility How often are the holding cells cleaned and are there sufficient cleaning materials: Attempts are made to clean the cells regularly, but it is very difficult due to the extremely poor physical condition of the cells; cleaning material sufficient Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: Sufficient and in working condition Is a telephone in working condition available for detainees: Yes Is the food supply sufficient and properly prepared in hygienic conditions: Sufficient food consisting of porridge, meat, vegetables and fruit, etc. Is there a kitchen with sufficient utensils: Stove is broken and cooking is done outside at the moment, but wood is currently also a problem, making cooking difficult Medical arrangements in place: Are taken to the clinic on demand Visiting hours: Sundays from 15h00 -16h00

2006….lice seems to be a rather big problem in this 2008….there was no renovation done at this facility and it facility…. deteriorated further; the physical condition is so bad that it

is not possible to properly clean the place; also, due to the lack of a washing facility it is impossible to wash the blankets; as a result the place is infested with lice; this facility requires urgent attention

Improvements:

None

Problems:

The facility cannot be cleaned properly due to its dilapidated state

The blankets cannot be washed due to lack of a washing facility

Overcrowding worsened since the last report

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OTJOZONDJUPA, OSHIKOTO, OSHANA, OHANGWENA, KAVANGO AND CAPRIVI REGIONS REGIONS

POLICE STATION : OKAHANDJA INFORMATION PROVIDED BY : INSPECTOR J UUGULU DATE INTERVIEWED : 25 AUGUST 2008 Number of cells at this police station: 7 Total cell capacity: 80 Total number of inmates currently: 39 Separate facilities for juveniles: No, but cell is made available when needed Separate facilities for females: No, but cell is made available when needed Possible reasons for further reduction in cell population:

Crime dropped Names of two longest detained persons; how long have they been detained and on what charges:

Lukas - 7 April 2008 – house breaking

Uatavi – October 2007 – stock theft Is the bedding sufficient and is it regularly cleaned: Yes How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned daily with water or cleaning material when available Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: The old pots were replaced with new ones Is a telephone in working condition available for detainees: Detainees are allowed to phone from the station commanders’ office when the need arises Is the food supply sufficient: Food supply consist of fruit, vegetables, porridge, bread, rice, meat, coffee, tea Is there a kitchen with sufficient utensils: Yes Medical arrangements in place: Detainees are taken to hospital on demand Visiting hours: Wednesdays from 15h00 – 16h00

2006….rather shocking condition…. 2008….toilet pots were replaced but no renovations….

Improvements:

Toilet pots were replaced

Reduction in cell population

Problems:

General renovation required

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POLICE STATION : OTJIWARONGO INFORMATION PROVIDED BY : CHIEF INSPECTOR RICHTER DATE INTERVIEWED : 25 AUGUST 2008 Number of cells at this police station: 11 + 1 temporary holding cell Total cell capacity: 97 Total number of inmates currently: 110 (dropped from an average of approximately 150 to an average of approximately 100) Separate facilities for juveniles: No Separate facilities for females: No Possible reasons for overcrowding:

Constant postponement of cases

Bail unaffordable Possible reasons for improvement in overcrowding:

Appointment of a permanent magistrate and prosecutor Names of two longest detained persons; how long have they been detained and on what charges:

Petrus - 10 October 2007 – stock theft (no bail granted)

Hendrik - 10 October 2007 – stock theft (no bail granted) Is the bedding sufficient and is it regularly cleaned: Sufficient, but not regularly cleaned due to shortage of cleaning material How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned daily, but cleaning materials are sometimes not available Are detainees supplied with body soap: Yes re there sufficient toilet facilities and are the facilities in a good condition: One toilet is shared by all detainees in one cell; not satisfactory and frequently out of order Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Food supply is sufficient and consist of fruit, vegetables, eggs, meat, fish, rice, porridge, coffee, tea, oros Is there a kitchen with sufficient utensils: Food is prepared in the kitchen of the barracks Medical arrangements in place: Nurses are visiting the detainees at the police cells Visiting hours: Sundays from 14:00 until all detainees have received their visitors

2006….tralie doors of 7 cells were broken off and the facility 2008….tralie doors were repaired and some areas were was in need of renovation…. painted over the cracks and damaged walls without first repairing it….

Improvements:

Tralie doors were repaired and some painting done (albeit not properly)

Permanent magistrate and prosecutor appointed, resulting in reduction of cell population

Problems:

Shower water runs around the clock and is not repaired

Toilets are insufficient and in a bad condition and general renovation is required

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POLICE STATION : OTAVI INFORMATION PROVIDED BY : INSPECTOR P I SHIPEPE DATE INTERVIEWED : 13 AUGUST 2008 Number of cells at this police station: 7 Total cell capacity: 40 Total number of inmates currently: 42 Separate facilities for juveniles: No Separate facilities for females: Yes Possible reasons for overcrowding:

Unnecessary postponement of cases Names of two longest detained persons; how long have they been detained and on what charges:

John - 30 October 2006 – house breaking

Jusinto - 10 May 2007 – stock theft Is the bedding sufficient and is it regularly cleaned: Bedding not sufficient but cleaned regularly How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned every day Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: Yes Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Food supply is sufficient Is there a kitchen with sufficient utensils: Stove has been broken for a long time; cooking outside Medical arrangements in place: Detainees taken to clinic on Thursdays, or to a doctor in Otjiwarongo if need arises Visiting hours: Thursdays for one hour from 15h00 – 16h00

2006….whole place needs urgent renovation and cleaning 2008….urgent renovations required; stove to be repaired Improvements:

Food supply now sufficient Problems:

Renovations urgently required

Stove to be repaired

Bedding insufficiency to be addressed

There is only court once a week in Otavi, which is not adequate

POLICE STATION : TSUMEB INFORMATION PROVIDED BY : CHIEF INSPECTOR V JASON DATE INTERVIEWED : 25 AUGUST 2008 Number of cells at this police station: 6 Total cell capacity: 50 Total number of inmates currently: 50 Separate facilities for juveniles: One cell reserved for juveniles Separate facilities for females: One cell reserved for females

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Possible reasons for overcrowding:

A slight increase in crime, but no real overcrowding

Since the food is so good, people want to come back Names of two longest detained persons; how long have they been detained and on what charges:

Ronnie – 21 July 2007 – theft; murder x 2 (postponement requested by defense council)

Kauluma - 10 September 2007 – robbery (no bail granted) Is the bedding sufficient and is it regularly cleaned: Sufficient for the moment, but if cell population increase, it will no longer be sufficient; regularly cleaned by detainees How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned regularly; cleaning materials sufficient Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: The toilet facilities are sufficient but in a terrible condition Is a telephone in working condition available for detainees: An office telephone is at their disposal when needed Is the food supply sufficient: Food supplies are sufficient and consist of vegetable, fruit, eggs, meat, fish, porridge, bread, oros, coffee and tea Is there a kitchen with sufficient utensils: The kitchen needs a bigger stove and small renovations Medical arrangements in place: Those who are sick are taken to hospital Visiting hours: Saturdays and Sundays for one hour

2006….constant water leakage…. 2008….water leakage repaired, but 3 toilets are leaking constantly ; general renovations are also required….

Improvements:

Water leakage repaired, albeit crudely Problems:

Leaking toilet pots

General physical condition of cells

POLICE STATION : OSHIVELO INFORMATION PROVIDED BY : INSPECTOR B H NGHUULIVALI DATE INTERVIEWED : 13 AUGUST 2008 Number of cells at this police station: 3 Total cell capacity: 18 Total number of inmates currently: 26 Separate facilities for juveniles: No; not often that juveniles are detained, but effort is made to keep them separate when it does happen Separate facilities for females: No; not often that females are detained, but effort is made to keep them separate when it does happen Possible reasons for overcrowding:

Delay in finalisation of investigations due to lack of manpower and transport

Unaffordable bail, even when the amounts are low

PG takes long to make a decision

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Names of two longest detained persons; how long have they been detained and on what charges:

Josef – 1 December 2006 – murder (cannot pay bail)

Joseph - 16 February 2006 – stock theft (cannot pay bail) Is the bedding sufficient and is it regularly cleaned: The bedding is sufficient but only cleaned when cleaning material is available How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaning material is a problem Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: Sufficient but in a dilapidated state Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Food supply consist of porridge, vegetables, fruit, rice, fish, bread, coffee, tea, oros etc. Is there a kitchen with sufficient utensils: The kitchen is in a bad state Medical arrangements in place: Detainees are taken to the clinic on demand and to a doctor in Tsumeb if referred Visiting hours: Mondays and Wednesdays from 08h00 -14h00; Saturday from 08h00 – 17h00 2006….food prepared outside due to kitchen not 2008….clearly this facility should be on

being fit for use; toilets as well as facility generally the priority list for renovation…. in a bad condition….

Improvements:

None

Problems:

Escaping is possible due to shower not being inside the cell

The entire facility is in need of urgent renovations

POLICE STATION : OSHAKATI INFORMATION PROVIDED BY : W/O A MATHEUS (STANDING IN FOR S/C) DATE INTERVIEWED : 15 AUGUST 2008 Number of cells at this police station: 13 Total cell capacity: 130 Total number of inmates currently: 248 Separate facilities for juveniles: Yes Separate facilities for females: Yes Possible reasons for overcrowding:

Oshakati also has to accommodate Ongwediva’s detainees

Unaffordable bail (even if it’s low)

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Constant postponement of cases (also due to investigations that cannot be completed as a result of manpower and vehicle shortage)

Delay in legal aid application response Names of two longest detained persons; how long have they been detained and on what charges:

Luther – 27 March 2007 – robbery (cannot pay bail of N$5000)

Iipinge - 6 May 2007 – stock theft (no bail granted) Is the bedding sufficient and is it regularly cleaned: Sufficient and cleaned by detainees at the laundry facility; supply of cleaning material sometimes take long How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned by detainees regularly; supply of cleaning material sometimes take long Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: Recently renovated and in a good condition Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Food consist of porridge, soup, vegetables, bread, fish, meat, coffee, tea and oros Is there a kitchen with sufficient utensils: Still in a poor condition and very dirty; the envisaged ‘renovation’ was limited to painting the building on the outside Medical arrangements in place: Detainees are taken to hospital on demand Visiting hours: Tuesdays and Thursdays, 09h00 – 12h00

2006….kitchen in a bad condition but being renovated; 2008….toilets renovated and in a good condition, but the situation toilets will be in a good condition after renovations…. regarding the kitchen and rest of the facility remained unchanged

Improvements:

Food supply is now sufficient

Toilets were renovated

Buildings were painted on the outside

Problems:

This facility is hopelessly overcrowded and immediate action is required to address the situation

Proper general renovations required POLICE STATION : GROOTFONTEIN INFORMATION PROVIDED BY : INSPECTOR S E GARISEB DATE INTERVIEWED : 28 AUGUST 2008 Number of cells at this police station: 6 Total cell capacity: 50 Total number of inmates currently: 82 Separate facilities for juveniles: No, but accommodated separately in the female cell if no females are detained Separate facilities for females: Yes

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Possible reasons for overcrowding:

Repeat offenders (they cannot be given bail anymore)

Offenders at sub-stations are also accommodated in Grootfontein, as well as part-time detainees from Maroelaboom and Tsumkwe

Possible reasons for diminishing police cell population:

Permanent magistrate Names of two longest detained persons; how long have they been detained and on what charges:

Simon – 18 December 2006 – robbery and theft (no bail)

Evin - 22 December 2007 – robbery and theft (no bail) Is the bedding sufficient and is it regularly cleaned: Sufficient (new) How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaning materials are sufficient and cells are cleaned regularly Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: The toilet facilities are sufficient and in a good condition Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Food supplies consist of fruit, vegetables, meat, fish, porridge, soup, bread, coffee, tea, oros Is there a kitchen with sufficient utensils: Yes Medical arrangements in place: As the need arises Visiting hours: Sundays from 15h00 to 16h00

2006….the entire facility should be demolished and rebuilt…. 2008….the entire facility was extensively renovated….

Improvements:

The entire facility was extensively renovated

Food supply is now sufficient

Cell population is diminishing slowly, possibly as a result of permanent magistrate being appointed

Problems:

Detainees with cases in Otjiwarongo, Otavi and Okakara have to be taken to court, but manpower and vehicles (including insufficient petrol) presents a huge problem;

Investigators don’t have vehicles to do investigations;

Although food supplies were improved, it can at times not be replenished as a result of payments to suppliers that are often not done on time

POLICE STATION : RUNDU INFORMATION PROVIDED BY : CHIEF INSPECTOR A HAUSIKU DATE INTERVIEWED : 28 AUGUST 2008 Number of cells at this police station: 5 Total cell capacity: 50

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Total number of inmates currently: 99 Separate facilities for juveniles: No – juveniles are sent to Mururani Separate facilities for females: No – females are sent to Mururani Possible reasons for overcrowding:

Repeat offenders

Constant postponement of cases

Awaiting legal aid

Only one magistrate who also has to serve Mukwe and Kahenge

No lower court magistrate

Unaffordable bail Names of two longest detained persons; how long have they been detained and on what charges:

Paulo – 26 April 2006 – robbery and 2 x escape (no bail)

Daniel - 8 May 2006 – rape (no decision yet from PG ) Is the bedding sufficient and is it regularly cleaned: The bedding is sufficient but not regularly cleaned as cleaning materials are mostly out of stock How often are the holding cells cleaned and are there sufficient cleaning materials: Holding cells are cleaned daily with water and mops, and with cleaning materials when available Are detainees supplied with body soap: Yes, when available Are there sufficient toilet facilities and are the facilities in a good condition: The toilets are in working condition but not enough given the overcrowding Is a telephone in working condition available for detainees: Yes Is the food supply sufficient: Food supply is currently a huge problem due to the fact that the supplier is not paid on time Is there a kitchen with sufficient utensils: Yes Medical arrangements in place: Detainees are taken to hospital as the need arises Visiting hours: Sundays from 10h00 – 12h00

2006…..the facility is in a terrible state and it is doubted whether 2008….nothing changed….. extensive renovations alone will solve the problem….

Improvements:

Slight reduction in cell population Problems:

20 Detainees share one toilet with no privacy

No separate cell for mentally challenged detainee who has been waiting to go to Windhoek for psychiatric evaluation for more than a year now

Acquisition of food a big problem due to delay in payment to suppliers

The facility is in urgent need of renovation POLICE STATION : KATIMA MULILO INFORMATION PROVIDED BY : CHIEF INSPECTOR F NALISA DATE INTERVIEWED : 27 AUGUST 2008 Number of cells at this police station: 6 Total cell capacity: 60

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Total number of inmates currently: 104 Separate facilities for juveniles: No, but a cell is made available if they are not overcrowded, otherwise juveniles are sent to Ngoma Separate facilities for females: No, but a cell is made available if they are not overcrowded, otherwise juveniles are sent to Ngoma Possible reasons for overcrowding:

Constant postponement of cases (even when people plead guilty)

Delay in PG decisions

Awaiting legal aid

Accommodating Kongola sub-station detainees as well Names of two longest detained persons; how long have they been detained and on what charges:

Ikweti – Aug 2002 - rape

Daniel – July 2003 - murder Is the bedding sufficient and is it regularly cleaned: Cell mats sufficient, but not blankets; washed with water due to insufficient washing powder How often are the holding cells cleaned and are there sufficient cleaning materials: Cleaned daily by detainees; cleaning materials sufficient Are detainees supplied with body soap: Yes Are there sufficient toilet facilities and are the facilities in a good condition: Sufficient, but very old; none of the flushing systems are working and buckets with water have to be used for flushing Is a telephone in working condition available for detainees: They are allowed to phone their legal representation once from the station commander’s telephone Is the food supply sufficient: Food supplies consist of vegetables, meat, fish, porridge, bread, tea, coffee etc. Is there a kitchen with sufficient utensils: Kitchen is fine, but more pots and spoons are needed; there is also no weighing scale Medical arrangements in place: Detainees requiring medical attention are taken to hospital daily Visiting hours: Sundays from 09h00 – 12h00

2006….kitchen told its own story….damaged wall not 2008….kitchen renovated and ceiling repaired….wall rebuilt…. rebuilt…. general renovations to rest of facility still required….

Improvements:

Kitchen renovated and ceiling repaired

Wall rebuilt

New stove

Body soap available now

Problems:

The leaking roof which caused the damage to the kitchen ceiling, was not repaired

None of the flushing systems of the toilets are working; water buckets are used to flush

Blankets insufficient

Insufficient utensils (pots, spoons) and no scale