To withdraw or not gender-based violence cases

Home Archived To withdraw or not gender-based violence cases

WINDHOEK- The Namibian Police Inspector General, Lieutenant Sebastian Ndeitunga, wants all gender-based violence cases to be regarded as state cases in order to prevent victims from withdrawing charges laid against abusive partners.

“I will be a happy man if we can have a law that prohibits victims from withdrawing cases. All gender-based violence cases should be state cases and should progress until their logical conclusion,” said Ndeitunga while also chastising families that influence victims to withdraw criminal cases.

Human Rights Activist Professor Nico Horn is against plans to stop victims from withdrawing cases, adding that the state instead needs tough and proactive prosecutors who are not swayed to withdraw cases easily.

“You do not have to change the law, the prosecutors are in charge therefore they have the power to withdraw the case or not. Prosecutors must be proactive,” said Horn.

He also urged magistrates to be more inquisitive and make it harder for prosecutors to allow cases to be withdrawn easily, adding that if the complainant does not want to testify other witnesses must be roped in.

“I say we must leave the ball in the hands of the prosecutors because you cannot have a situation where people are forced to testify in a democratic Namibia,” Horn said.

“In the past rape cases were not withdrawn, but then you would find the families of the victim and the accused coming together and sorting things out, next thing you see the victim and the accused come to court in the same car,” he said, adding that in such instances you seldom make  a conviction because there is no cooperation from the victim.

“If you want to stop victims from withdrawing cases, it means there must be tough sentences for those who refuse to testify. By doing so, the victims will be doubly-victimised, so I would rather try a new approach of having tough prosecutors,” said the professor.

 

By Mathias Haufiku