Renthia Kaimbi
The rights and dignity of people awaiting trial came under scrutiny as legal academics, psychologists and civil society representatives examined the treatment of remand detainees and the need for greater proportionality in the justice system.
The Southern African Leaders Coalition for Faith, Freedom and Justice (SALC-FFJ) Namibia hosted the human rights panel discussion at the NUST Hotel School last Thursday under the theme, “Upholding Human Dignity and the Rights of Remand Detainees: A Local, Regional and International Human Rights Perspective.”
The discussion examined remand and pre-trial detention from Namibian, regional and international perspectives, with participants emphasising that people awaiting trial remain protected by the presumption of innocence until proven guilty.
The panel considered existing systems intended to protect remand detainees in Namibia, as well as challenges affecting their implementation and opportunities to strengthen oversight.
Participants also discussed alternatives to custodial detention, particularly in cases involving elderly people, juveniles and other vulnerable individuals whose circumstances may require special consideration.
The discussion highlighted that remand-detention challenges extend beyond Namibia, with similar concerns emerging in other African countries.
Participants said public awareness, responsible media reporting and civil-society advocacy can play an important role in drawing attention to human-rights concerns and promoting accountability.
International perspectives further focused on the principle of proportionality and the treatment of vulnerable detainees.
The panel emphasised that detention measures should take into account humanitarian considerations and respect for human dignity while still serving the interests of justice.
The psychological consequences of prolonged detention also featured prominently, with participants noting that extended periods in custody can worsen existing mental-health challenges or contribute to psychological distress.
An international case involving 95-year-old Chairman Man Hee Lee, an elderly Korean War veteran, founder of Heavenly Culture, World Peace, Restoration of Light (HWPL) and religious leader of the Shincheonji Church of Jesus, was presented as a practical reference point for the discussion.
Dr Christian Harris, a legal academic and lecturer in Public and Procedural Law at the University of Namibia (UNAM), approached the case from the perspective of balancing legal procedures with human-rights and humanitarian considerations.
While refraining from commenting on the merits of the case, Harris highlighted Lee’s advanced age and stressed the importance of human dignity and proportionality when determining appropriate legal measures.
The panel also considered whether alternative forms of custody could meet the interests of justice while protecting the dignity and wellbeing of elderly and vulnerable detainees.
Dr Armas Shikongo, a psychology academic at UNAM, stressed the importance of establishing facts and seeking the truth before reaching conclusions or deciding which position to support.
The case therefore served as a point of reflection on broader principles raised during the discussion, including the presumption of innocence, proportionality, vulnerability and the protection of human dignity.
The dialogue reinforced the position that the rule of law and human dignity should operate alongside each other. Participants stressed that while justice must pursue accountability, legal processes should also safeguard the rights and humanity of every individual awaiting trial.
