Prevention of torture in South Africa

1. Prevention of torture in South Africa Amanda Dissel Centre for the Study of Violence and Reconciliation

2. Background • Under apartheid there were thousands of victims of state sanctioned torture and detention • SA became a democracy in 1994 • Constitution adopted to safe guard human rights • Population of approx. 46 million • High levels of crime in SA: 2 million crimes recorded per year • 19,500 murders recorded in 2006/2007 • Enormous pressure on state to reduce crime and deal with perpetrators

3. Status of OPCAT and UN CAT • Torture, cruel, inhuman and degrading treatment and punishment prohibited in South African Constitution • South Africa signed and ratified UN CAT in 1998 • SA signed OPCAT in September 2006 • Torture not yet criminalised, though there have been two draft Bills (2003 and 2005) • ‘torture’ not mentioned in key criminal justice legislation

4. 168 000 prisoners held nationally (about 40% awaiting trial prisoners) • 220 prisons in the country • Prison capacity about 113 000 • Awaiting trial population reduced as result of campaigns by the Judicial inspectorate, also periodic releases of sentenced prisoners. • Length of prison sentences increasing putting pressure on prison system • About 3000 children in prisons. • We have no figures on numbers of people held in police custody • Children also in custody in safe care facilities (insufficient)

5. Existing oversight mechanisms • South Africa Commission on Human Rights • Independent Complaints Directorate (ICD - investigates complaints against the police) • Judicial Inspectorate of Prisons and independent prison visitors • Magistrates and Judges have access to prisons • NGO service providers sometimes have access to prisons • Community police forums have access to police cells, but often don’t utilise this. • Very little documentation of torture (ICD records about 29 cases/per year), JIP doesn’t record torture separately.

6. Activities around OPCAT • CSVR & SAHRC organised stakeholder workshop in 2006 • Attended by government departments, oversight mechanisms and NGOs, APT and RCT. • SA gov reported to UN CAT Committee in November 2006 (report dated 2002). • NGOs also made representations to committee • Issues included domestication of CAT and ratification on OPCAT • Research report looking at existing oversight mechanisms and to what extent they would be suitable to be National Prevention Mechanisms (NPMs) • Discussed at follow up CSVR and SAHRC workshop in Feb 2007 • Lack of political support, no department of justice representation. • Lack of understanding in SA about UN mechanisms and right to representation

7. Activities • Section 5 Committee established by SAHRC – ad hoc committee to look at the prevention of torture • Find high profile political advocate of OPCAT • Participate in African regional conference in April 2008 • JIP to start expanding its mandate: trained prison visitors on OPCAT • Produced brochure on CAT and OPCAT and prevention of torture • Research report on media portrayal of torture – to get some understanding of nature and extent of torture in SA

8. Hold advocacy & awareness workshops with policy makers, NGOs and government departments. • Aim to hold individual meetings with strategic people • CSVR has project on prevention of sexual violence in prison • Regional conference on OPCAT: to explore challenges and progress around implementation of OPCAT and Robben Island Guidelines • Role of the African Commission on Human and People’s Rights?