The absolute prohibition equally comes with obligations to provide redress and rehabilitation to victims of torture and other forms of cruel, inhuman or degrading treatment or punishment. We mark this day against the backdrop of the decision on 28 March 2019, by Parliament to ratify the Optional Protocol to the Convention against Torture, Cruel, Inhuman Treatment or Punishment (OPCAT). The Commission notes and commends the government for depositing the OPCAT instrument of ratification with the Secretary-General of the United Nations in New York on 20 June 2019. This means that the OPCAT will enter into force for South Africa on 20 July 2019.
Central to the OPCAT is a system of regular, independent visits to places of detention, which in turn serves as an important safeguard against abuses, and prevent torture and ill-treatment in places, that by their very nature, fall outside the public scrutiny. This is done through the designation of a National Preventive Mechanism (NPM) to prevent torture and other cruel, inhuman or degrading treatment or punishment from taking place through monitoring places of deprivation of liberty. South Africa has adopted a multiple body NPM, with the SAHRC in a lead and coordinating role, alongside other institutions with a monitoring mandate, such as the Judicial Inspectorate for Correctional Services (JICS). To this end, the SAHRC will be convening the first official NPM meeting tomorrow, 27 June 2019.
The SAHRC also appeared and raised a number of concerns before the UN Committee against Torture (the Committee) in Geneva on 29 April 2019, where it presented its observations on the implementation of the UNCAT in South Africa. Consequently, the Committee inter alia, concluded that the Prevention and Combating of Torture of Persons Act, 2013 (the anti-torture Act) does not provide for claims for redress by victims of torture, who are obliged to seek redress and remedy through civil claims of damages for common assault, assault with intent to do grievous bodily harm, indecent assault or attempted murder, which are long and costly and may lead to the victim’s re-traumatisation. As such, the Committee recommended that South Africa should amend the anti-torture Act, and other relevant legislation such as the Criminal Procedure Act in order to operationalise redress for victims of acts of torture that includes: restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition. The Committee also raised its concerns that pre and post-constitutional democracy victims of torture, may not receive adequate redress, including appropriate compensation and rehabilitation.
South Africa has a painful history based in colonialism and Apartheid, a past which has left many victims of repression without adequate measures for redress. As we stand in solidarity with victims of torture, cruel, inhumane treatment or punishment such as the Esidimeni and apartheid-era victims, we also remind the State of its obligation to prevent torture and to provide all torture victims with effective and prompt redress, compensation and appropriate social, psychological, medical and other forms of rehabilitation. Part of these obligations include the duty to ensure that effective mechanims are established to monitor and prevent torture and ill-treatment.
As part of the commemoration of this day, the SAHRC will be visiting places where persons are deprived of their liberty throughout the country.
Ends
Issued by the South African Human Rights Commission
Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.