CAT/C/NAM/CO/2 Investigations into allegations of torture or other cruel, inhuman or degrading treatment or punishment 18. While taking note of the establishment of the Internal Investigation Directorate to deal with complaints against members of the Namibian police force, the Committee is concerned at the Directorate’s lack of independence. The Committee is also concerned at the lack of information on the number of complaints, investigations, prosecutions and convictions for torture or other cruel, inhuman or degrading treatment or punishment among members of the police force. The Committee remains concerned at the lack of investigation following the death in police custody of William Cloete on 1 April 2007 (art. 12). 19. The State party should ensure that all deaths in custody and all allegations of torture and ill-treatment are investigated promptly, thoroughly and impartially by independent bodies, and that there is no institutional or hierarchical connection between the investigators and the alleged perpetrator. The State party should punish those convicted with sentences proportional to the gravity of their offence. Caprivi high treason trials 20. While noting that free legal aid was provided to the accused in the Caprivi high treason trials, the Committee is concerned at reports that the detainees were denied other fundamental legal safeguards and were severely tortured during the trials. The Committee is also concerned at the lack of investigation into whether evidence used in the trials was obtained under torture. Furthermore, the Committee is concerned at the long pretrial detention periods, in some cases amounting to more than 15 years, and at cases of death in detention. The Committee is also concerned at the lack of investigation following the recent admission by the Inspector General of the Namibian police force that some of the suspects in the Caprivi high treason trials had been subjected to torture (arts. 2, 6 and 15). 21. The Committee urges the State party to expedite the Caprivi high treason trials, guaranteeing that all detainees receive a fair and speedy trial and making sure that evidence obtained under torture is dismissed. The State party should take effective measures immediately to ensure that all allegations of denial of fundamental legal safeguards, acts of torture and death in detention are effectively and impartially investigated. Impunity for acts of torture 22. While noting the State party’s policy of national reconciliation, which was adopted after independence and enshrined in the preamble of the Constitution, the Committee is concerned that serious allegations of torture committed during the liberation struggles have not been investigated, which could lead to impunity for those crimes. The Committee is also concerned at reports of extensive human rights violations, including torture, committed during the state of emergency declared after the secessionist attempt in the Caprivi region in August 1999. Furthermore, the Committee is concerned that the state of emergency provided for statutes of limitations for serious crimes such as torture and thus precluded any investigation into and prosecutions for acts committed during that period. The Committee is also concerned at reports that no investigations have been carried out into recent allegations of acts of torture committed by law enforcement officials (art. 2). 23. The Committee reminds the State party that the absolute prohibition of torture is a recognized norm of jus cogens and that article 2 (2) of the Convention makes clear that no exceptional circumstances whatsoever may be invoked as a justification of torture. Subjecting acts of torture to amnesty regulations or statutes of limitations for prosecution contradicts the object and purpose of the Convention and the 5