The universality of human rights
be received by the Committee if it concerns a State Party to the Convention which has not made such a declaration.
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Such declaration would make the prosecution of torture a speedy process, in that individuals could have the opportunity to take their cases directly to the Committee against Torture instead of waiting for the Namibian courts to prosecute – something which might never happen. The Committee also called for a prompt and impartial investigation into the disappearance of former members of SWAPO in terms of Article 12 of CAT. Furthermore, where it was reasonably believed that those disappearances amounted to torture or other cruel, degrading or inhuman treatment, then the dependants of the deceased victims should be afforded fair and adequate compensation. This statement is akin to the one made by the NSHR Director, Phil ya Nangoloh, in his submission to the International Criminal Court.450 This controversial topic has sparked various debates, including one in Parliament. Rehabilitation centres should be established so that victims of torture can be given the necessary help they need to get over their psychological problems and recover from the abuse they suffered at the hands of the perpetrators of torture.
Conclusion In conclusion, Namibia still has a long way to go before it fully complies with its international obligations under CAT. In terms of legislation, the lawmakers have huge lacunae to fill in order to bring the law in line with the Convention. This will essentially involve the amendment of some legislation and the enactment of new legislation dealing particularly with torture. It may also be important that the country enact legislation that can draw the line between the War on Terror and the need to protect the right of persons not to be subjected to torture.
450 The submission was that the Founding President of Namibia, Dr Sam Nujoma, should be tried and charged with human rights violations that were allegedly perpetrated against Namibians during the liberation struggle. 204