239/01 : Interights (on behalf of Jose Domingos Sikunda) / Namibia Summary of Facts 1. The communication is submitted by INTERIGHTS (the Complainant), a human rights NGO based in the United Kingdom, on behalf of Jose Domingos Sikunda. 2. Mr Sikunda is of Angolan descent but has been living in Namibia for 25 years. 3. The Complainant alleges that sometime in 2000, Mr Sikunda was arrested and detained by Namibian authorities. No reasons were given for his arrest and detention. th 4. It is alleged that on 24 October 2000 the [H]igh [C]ourt of Namibia ordered the release of Mr Sikunda from detention but that the government of Namibia declined to comply with the order. 5. It is also alleged that Mr Sikunda’s lawyers then sought to enforce the High Court order and on 31st October the Judge issued a rule nisi directing the Minister to show cause why he should not be th cited for contempt of the court order. The case was adjourned twice and on 12 January 2001 Judge Teek delivered his ruling recusing himself from the case without either party having applied for it. 6. The Complainant states that there is a pending court order restraining the deportation of Mr Sikunda which will lapse on 1st February 2001; and that the Namibian authorities have indicated their preparedness to deport Mr Sikunda to Angola whose government accuses Mr Sikunda of being a UNITA rebel. The Complainant alleges that such an act will put Mr Sikunda at real risk of torture and extra-judicial death. Complaint 7. The Complainant alleges a violation of Articles 4, 5, and 12 (4) of the African Charter. Procedure 8. The communication was received at the Secretariat of the [African] Commission on 31st January 2001 by fax, a copy of which was forwarded to the Chairman of the African Commission requesting him to appeal (under Rule 111 of the [African] Commission’s Rules of Procedure) to the Namibian government to refrain from taking any measures that may put the life of Mr Sikunda at risk. nd 9. The Secretariat acknowledged receipt of the communication on 2 February 2001 and requested the Complainant to furnish it with further information. th 10. On 19 February 2001, the Chairman of the African Commission wrote to the Minister of Foreign Affairs of the Republic of Namibia expressing concern over the alleged deportation of Mr Sikunda. nd 11. On 22 February 2001, the government of Namibia responded to the Chairman’s appeal declining it and stating that the actions of the Namibian government were legal and aimed at protecting the security of the country and its citizens. th 12. On 12 March 2001 a copy of the above-mentioned written response was forwarded to the Complainant and they were reminded to furnish the [African] Commission with further information. 13. On 21st March 2001, the Complainant responded to the request for further information stating that will revert back to the [African] Commission with additional submissions and evidentiary material. th 14. At its 29 Ordinary Session, the [African] Commission decided to be seized of the complaint. rd 15. On 23 May 2001, the Secretariat conveyed the above decision to the parties and requested parties to furnish it with additional information on admissibility in accordance with Article 56 of the African Charter and forwarded a copy of the text of the complaint to the Respondent State. The parties were requested to present their written submissions to the Secretariat within three months of notification of the decision. nd th 16. During his promotional visit to Namibia from 2 to 7 July 2001, Commissioner Chigovera raised the matter of this complaint with officials from the Ministries of Justice and Foreign Affairs and urged them to submit their written submissions to the Secretariat as soon as possible. th 17. On 17 August 2001, the Parties were reminded to forward their written submissions to the rd Secretariat on or before the 23 of August 2001.

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