Detention of the Victim 166. The Complainants have also raised issue with the detention of the Victim at Klein Windhoek. It is established in the evidence that the victim was arrested by the City of Windhoek Police on the 13 th of October 2017 and taken to Klein Detention Facility after running away from her Social worker interview.96 The evidence also shows that she was released on the 23 rd of November 2017. 97 The Respondent State submits that victim was not detained as a criminal as the Complainants have put it. The Respondents propound that the Victim was sent to Klein Windhoek "based on considerations that she was a danger to herself, allegedly in danger of harm by her captors and had an unexplained apprehension to remain at the only shelter available in Windhoek" 98 The Respondents further averred that housing the victim at the Shelter where she had run away would have put its residents at risk. 167. The Commission notes that in fact and in law, the victim was indeed detained and not merely sheltered at Klein Windhoek, regardless of the reasons provided by the Respondent State. The vidence in the form of a Warrant of detention, by the Ministry of Home Affairs and Immigration of the Respondent State indicates that the victim had been "found in Namibia and suspected on reasonable grounds to be a prohibited/illegal immigrant in terms of the relevant Act.", and would be detained for 14 days pending investigation 99 There is also another warrant extending the detention for a further 14 days on the 27th of November 2017. 100 In the same vein, there is a corresponding Declaration of Release, issued on the 23 rd of November 2017 which is corroborating evidence of detention. 101 The Commission considers that these are legal documents whose purpose is clear on the face of it, and indicative of the reasons why the victim was at Klein Windhoek from the 13 th of October to the 23~1:.f"l~ ~ ember 2017, and those reasons do not coincide with the justificatioJ provid d ,by,., 1, Respondent @ ,, ,, State. 1-:t'f~-- ,, •C O ~ <t 1 ,.,. .., 0 .., ,- ~ ;: (' ~ f IU ~ 01- 1,Q ;i,.J,~ 96 Respondent State Su bmissions, AnnexlO Statement of Jacobus Gert Van Wyk, .... . AU. A '~ d'- ~ Ro' If, 5- . S ~ e," ,, " 97 Respondent Sta te Submissions, Annex 14 Release Declaration Respondent State Submissions on the Merits, page 24 para 11 Respondent State Submissions, Annex 14 100 Respondent State Submissions, Annex 14, Authorization of Further Detention (Sec 42 Act of 1993) 101 Respondent State Submissions, Annex 14 98 99 41

اختر الفقرة المستهدفة3