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

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

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

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)

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.

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

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

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?