Under the theme “Transitioning from horrow to healing: preventing torture to help survivors rebuild their lives”, this day also comes after four years since the South African National Preventive Mechanism (South African NPM), was established to fulfil South Africa’s international law obligations in line with the ratification of the United Nations Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Central to the OPCAT is creating a system of regular, independent visits to places where persons are or may be deprived of their liberty. These regular visits serve as an important safeguard against abuse, torture and other ill-treatment in places that receive insufficient public scrutiny.

As we continue to stand in solidarity with victims of torture, cruel, inhuman or degrading treatment or punishment the NPM recently conducted a visit to remand detention facilities to mark the Africa Pre-trial detention day. In this regard, we are deeply concerned with the state of overcrowding of some correctional centres especially with detainees who remain in remand for more than 2 years. We urge the state to ensure adequate facilities are provided for those awaiting trial as well as encourage the courts to create appropriate measures for efficient access to justice. We also call on the state to consider appropriate non custodial measures as alternatives to detention in line with relevant international regional norms such as Sustainable Development Goal 16; the Principles on the Decriminalisation of Petty Offences in Africa; the Ouagadougou Declaration and Plan of Action on Accelerating Prisons and Penal Reforms in Afrcia.

During the first quarter of 2023, South Africa received its first visit from the United Nations Subcommittee on Prevention of Torture (SPT) to assess the situation of people deprived of their liberty as well as measures in place to ensure the protection of people deprived of liberty. The SPT conducted visits to various places where persons are deprived of liberty such as correctional centres, police stations and secure care centres. We look forward to the recommendations of the SPT in advocating for the strengthening of institutional capacity and effectiveness of the NPM through cooperation, collaboration and constructive dialogue in an effort to build a society free from torture.

As we mark this day, we would like to underscore the obligations of the state to prevent torture and other ill-treatment and ensure that victims and survivors are provided with effective and prompt redress, compensation and appropriate social, psychological, medical and other forms of rehabilitation.

The South African NPM is constituted by the South African Human Rights Commission (SAHRC) in a coordinating role, together with affiliated bodies with a statutory oversight and monitoring mandate, such as the Judicial Inspectorate for Correctional Services (JICS); Independent Police Investigative Directorate (IPID); Office of the Military Ombud (OMO); and the Office of the Health Ombud (OHO).

ENDS

Issued by the South African Human Rights Commission on behalf of the South African National Preventive Mechanism.

Wisani Baloyi – Acting Communications Coordinator Tel: 081 016 8308 This email address is being protected from spambots. You need JavaScript enabled to view it. or Alucia Sekgathume Tel: 082 689 2364 This email address is being protected from spambots. You need JavaScript enabled to view it.