E/CN.4/1996/35/Add.1
page 112
South Africa
Information transmitted to the Government
592. By letter dated 26 June 1995 the Special Rapporteur advised the
Government that he had received information indicating that, despite the
advent of a number of reforms in the operations of the South African Police
Service (SAPS), torture and ill-treatment of persons in police custody
continued to occur in the country. Most incidents of torture were said to
take place during the 48- to 72-hour period during which police are authorized
under the Criminal Procedure Act to detain an arrested person before
presenting him or her to court. The methods of torture reported include
beatings, rape and indecent assault, blindfolding, gagging, partial
suffocation, tear-gassing, administration of electric shocks, prolonged
suspension, painful handcuffing, sleep deprivation, food deprivation, enforced
standing, withholding of medical treatment, subjection to mock executions and
exposure to the torture of other persons. Torture was reportedly employed to
obtain "confessions", to elicit information by "breaking down" persons
physically and psychologically, and to inflict informal punishment.
593. A practice said to create conditions conducive to the occurrence of
torture was that of holding detainees in police vehicles or unofficial places
before taking them to police stations. Significant breaches of police
procedure regarding the logging in of the time of arrest, the identity of the
arresting officer or the time of arrival at police station were reported to be
common. In addition, detainees were also frequently denied the opportunity to
contact the outside world, resulting in the de facto occurrence of
incommunicado detention.
594. It was reported that many victims of torture or ill-treatment were
reluctant to file complaints against police officers for fear of reprisals,
that in some cases police had brought spurious criminal charges against
persons filing complaints and that in other cases police had refused outright
to register complaints. The police reporting officer (PRO), established in
1992 to deal with the handling of such complaints, had been refused
systematically access to dockets and information in certain areas of the
country and had ceased to function entirely in other areas. Prosecutions were
said to be rare, as the Attorney-General’s office frequently declined to
prosecute alleged perpetrators of assault or torture.
595. The Special Rapporteur also transmitted the individual cases described in
the paragraphs below.
596. Jan Mokokeng, Moses Nzimande, Simon Ngubeni and Johannes Maduna were
allegedly tortured between 27 and 31 December 1993, following their arrest by
members of the Vanderbijlpark Murder and Robbery Unit in connection with a
hand-grenade explosion in Vereeniging prison in December 1993. Jan Mokokeng,
while held face-down on the floor with his arms handcuffed behind his back and
tied to his feet, was allegedly doused with water and subjected to electric
shocks to his temples, wrists, penis, left ear and right thigh. He was also
allegedly beaten all over the body and threatened with death. Moses Nzimande,
while blindfolded, hooded and bound, was also allegedly doused with water
while electric shocks were administered to his penis, near his right eye and
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