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
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?