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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Namibian independence and the release of political prisoners
Author:Erasmus, GerhardISNI
Year:1988
Periodical:South African Yearbook of International Law
Volume:14
Pages:137-143
Language:English
Geographic term:Namibia
Subjects:independence
offences against national security
Abstract:The long-awaited independence of Namibia seems to have become a reality. At the time of writing of this article (September 1989) the implementation of Security Council Resolution 435 (1978), a proposal for the settlement of the Namibian situation, is going ahead relatively smoothly. Crucial for the Namibian independence plan is the concept of free and fair elections. Crucial for free and fair elections is the release of all political prisoners sine qua non. Since no definition of the term 'political prisoner' has been provided for in the various resolutions and agreements on Namibian independence, a 'jurist of international standing' was appointed to consider the various applications for the status of political prisoner where a difference of opinion existed between the prisoner and the Administrator-General. The final decision was made by the Administrator-General. This paper examines the records of various applicants in order to identify the grounds on which submissions have succeeded or failed. Problematic were those instances where common crimes (murder, assault etc.) were committed with a political motive. The cases seem to draw a clear distinction between attacks, on the one hand, on military targets and, on the other, on civilian targets: applicants convicted of murder of security personnel or administration officials, were released; applicants, involved in attacks in which civilians were killed or private property was damaged, failed in their request for the status of political prisoner. Notes, ref.
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