A 41-year-old man sentenced to life imprisonment in 2018 by High Court judge Naomi Shivute for murder, is now suing the Namibia Correctional Service (NCS) for alleged torture. Andre Friedel Castro Dausab, who was convicted of killing his former girlfriend by stabbing her 27 times with three knives. Dausab was found guilty of slitting the throat of 33-year-old Gofaone Motlamme, a trainee pastor, at the United Lutheran Theological Paulinum College in Pioneerspark Extension 1 on 22 February 2014.
He is now accusing the NCS of unlawfully removing personal data from his confiscated laptop, thereby causing him “an insurmountable loss with great financial and sentimental value”. He is further accusing NCS of subjecting him to torture for intentionally prohibiting him access to his personal computer or any ICT devices thus inflicting “further damages to his hopes and dreams for a better life”.
“The defendant has been subjecting the plaintiff to unreasonable and unlawful restrictive measures which have severely and/or completely undermined his rights and freedom since 5 April 2018,” he claimed in his handwritten particulars of claim. He further said that these infringements and abolishment of rights and freedom caused needless delays, which has been and are damaging to the intended processes of the plaintiff’s criminal appeal and other matters. This, he said, is detrimental to the interests of justice.
According to Dausab, he has been coerced and expected not to need, want, wish, hope, plea, request or ask for anything beyond the authority’s will and convenience. He further said that he is coerced to think that he is right-less and no longer a part of society; that he should forget whatsoever he knew, felt, loved and had any sort of attachments to and should regard himself as nothing, but a thing of no value “dwelling silently and aimlessly in space and time, thus buried alive”.
He went on to say the ill-treatment he received has now resulted in a severely scarred and broken family unit, the loss of essential properties, position and future earnings, his loved ones being subjected to life threatening poverty and the promise of more from uncertain future calamities. He further claims that he suffers from constant worry and fear, sleeplessness and depression and is thus subjected to psychological and/or emotional torture.
According to court records, the only explanation that was provided for the ill treatment was that he must understand he is in prison and must be punished.
He is now asking the High Court to award him monetary relief to the tune of N$10 million as compensation.
This is the second lawsuit he brought against the NCS. In his first lawsuit, he asked that his laptop be returned to him and compensation of N$1 000 for each day from 5 March 2018 for pain and suffering caused by NCS via various acts of discrimination, procrastination, defamation, needless or unjustifiable suspension and nullification of the essential content of his “non-dirigible” constitutional fundamental rights and freedom, including wasting of his time and efforts.
It was struck from the roll.
The matter is presided over by judge Marlene Tommasi.
The NCS is represented by Ndiriraro Kauari from the government attorney’s office.