Africa-Press – Namibia. THE state has failed to submit extradition requests which would force suspects in Iceland to face criminal charges in Namibia relating to the Fishrot case.
The justice ministry, which has been accused by the Anti-Corruption Commision (ACC) of failing to do its job, has refused to provide clarity, claiming that the case is sensitive.
This comes at a time when civil society organisations, such as Transparency International Iceland, have urged Namibia to take action against Icelandic officials implicated in the fishing corruption scandal.
Prosecutor general Martha Imalwa announced in February last year that the Fishrot-linked Icelandic executives will face criminal charges. However, little appears to have been done to hold Icelandic officials to account for their role in the N$2,5 billion case.
The executives worked for Samherji, an Icelandic seafood company accused of bribing Namibian officials, including former fisheries minister Bernhardt Esau and ex-justice minister Sacky Shanghala, to access Namibian fishing quotas from 2011 to 2019.
The Samherji trio who face extradition are Ingvar Júlíusson, Egill Helgi Árnason, and Adalsteinn Helgason. The justice ministry, responsible for legal cooperation with other countries, is accused of dragging out the process.
Last month, the ministry’s acting executive director, Simataa Limbo, told The Namibian that the matter is sensitive. “It’s confidential information. You know, this case is more sensitive than you realise. We are required to maintain confidentiality by the law,” he said.
Shanghala, who is accused of corruption, worked as justice minister before he was arrested in 2019. His co-accused include Esau, former Investec Asset Management Namibia (now NinetyOne) James Hatuikulipi and ex-Fishcor CEO Mike Nghipunya. Questions sent to justice minister Yvonne Dausab last month were not answered.
The Namibian reported in September last year that the delay in the extradition process caused friction between the justice ministry and the ACC, with the ACC accusing the justice ministry of failing to ensure the three Icelandic nationals have their day in court.
“It was thus with utter dismay that our office took note of the contents of the recent communiqué received from your ministry, which clearly demonstrates that no attempt appears to have been made to process the extradition request,” ACC’s deputy director general, Erna van der Merwe, wrote.
A civil society organisation that is leading the fight against the Fishrot case in Iceland, believes the Namibian government is sensitive about anything to do with the Fishrot scandal. Thor Fanndal, the executive director of Transparency International Iceland, told The Namibian last month that he is worried about Namibia’s approach.
He questioned why the Namibian government is worried about Iceland declining to extradite its citizens, when both states are signatories of the United Nations Convention against Corruption.
“It is important that everyone understands that the Fishrot case isn’t some minor scandal. It is grand corruption – the conspiracy of those in power to cheat the system, steal, bribe and enrich themselves,” Fanndal said. He said because of the signatories, Samherji officials can be prosecuted in Iceland.
“Iceland declining to extradite its citizens should therefore lead to the Samherji staff being prosecuted in Iceland. Without the extradition request, the Namibian authorities have delayed the prosecution of the Fishrot case unnecessarily,” he said.
“Any government concerned by its legitimacy should stop at nothing to make sure those that orchestrated it are held responsible,” Fanndal said.
“Let’s not forget that this is a case of corruption as an Icelandic export, so the Namibian authorities have no reason not to sign this request and force Iceland to take some responsibility in bringing justice.”
Institute for Public Policy Research (IPPR) executive director Graham Hopwood said most of the Fishrot accused are let off the hook by the authorities.
“It’s important that everyone implicated in the Fishrot scandal is held to account. We can’t just have the Namibian suspects facing trial while the Icelandic accused are simply let off the hook,” he told The Namibian.
“We have to urgently send the formal extradition request as a moral imperative. No one can understand why this has been delayed for so many months,” he said.
Hopwood added: “If the Icelandic government declines Namibia’s extradition request on the basis of Iceland’s domestic law, there is then a moral obligation for Icelandic authorities to proceed with prosecutions there.” Samherji has denied any wrongdoing. The company enlisted the services of British lawyer Edward Garnier to fight a lawsuit in Namibia.
Garnier argued in his affidavit filed in the Windhoek High Court last year that “one cannot apply to extradite a company, nor can one apply to extradite an individual, a director for example, for the purposes of an investigation”.
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