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Media Statement: SAHRC marks 26 June, the International Day in Support of the Victims of Torture and the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)

Attention: Editors and Reporters
Friday, 25 June 2021

The South African National Preventive Mechanism (NPM) under the auspices of the South African Human Rights Commission (the SAHRC or the Commission) marks the International Day in Support of the Victims of Torture. The significance of this day is traced back to 26 June 1987 when the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) came into force. The UNCAT is the main international mechanism that proclaimed the absolute prohibition of torture in a binding international law instrument. The absolute prohibition equally comes with obligations to provide redress and rehabilitation to victims. Similarly, this absolute prohibition has been entrenched in section 12 of the Constitution of the Republic of South Africa, 1996.

The day is similarly important because it is the day on which the United Nations Charter, as the first international instrument obliging UN member states to respect and promote human rights, was signed, immediately after World War II. The day also comes when South Africa marks its 2nd anniversary since ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

Central to the OPCAT is that a system of regular, independent visits to places of deprivation of liberty can serve as an important safeguard against abuses and prevent torture and other ill-treatment in places that by their very nature may not be subject to public scrutiny. In South Africa, this is done through the multi-body NPM designated to prevent torture and other cruel, inhuman or degrading treatment or punishment from taking place through monitoring places of deprivation of liberty regularly. 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, Military Ombud, Health Ombud and Independent Police Investigative Directorate.

The South African NPM stands in solidarity with victims of torture, cruel, inhuman treatment or punishment, such as the Esidimeni, and apartheid-era victims and wish to 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 includes the duty to ensure that effective mechanisms are established to monitor and prevent torture and ill-treatment.

To mark these two significant days, the South African NPM is hosting a webinar on Wednesday, 30 June 2021. The webinar will be used as a platform to track progress made since the ratification of the OPCAT, provide a platform for NPMs to share lessons and experiences and remember and give support to the many past and present victims of torture globally.

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.



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