(18) While noting with appreciation the remarkable work of the Truth and Reconciliation Commission and its role
in the peaceful transition in the State party, the Committee notes that de facto impunity persists regarding persons
responsible for acts of torture during apartheid and that compensation has not yet been given to all the victims
(arts. 12, 2 and 14).
The State party should consider bringing to justice persons responsible for the institutionalization of
torture as an instrument of oppression to perpetuate apartheid and grant adequate compensation to
all victims. The State party should also consider other methods of accountability for acts of torture
committed under the apartheid regime, and thus combat impunity.
(19) The Committee is concerned about the wide discretionary powers available to the National Prosecuting
Authority with regard to criminal justice (art. 12).
The State party should take all appropriate measures to ensure that its criminal justice system
effectively guarantees that everyone is entitled to a fair trial.
(20) The Committee is concerned at the high number of deaths in detention and with the fact that this number has
been rising. The Committee is also concerned at the lack of investigation of alleged ill-treatment of detainees and
with the apparent impunity of law enforcement personnel (art. 12).
The State party should promptly, thoroughly and impartially investigate all deaths in detention and all
allegations of acts of torture or cruel, inhuman or degrading treatment committed by law enforcement
personnel and bring the perpetrators to justice, in order to fulfil its obligations under article 12 of the
Convention.
(21) Noting the existence of legal-aid mechanisms, the Committee is concerned about the difficulties vulnerable
persons or groups experience in efforts to exercise their right to complain, including for linguistic reasons, to obtain
redress and fair and adequate compensation as victims of acts of torture. It is further concerned at the lack of
awareness of the Convention’s provisions by vulnerable groups (arts. 13 and 10).
The State party should take the necessary measures to strengthen legal-aid mechanisms for vulnerable
persons or groups, ensuring that all victims of acts of torture may exercise their rights under the
Convention and disseminate the Convention in all appropriate languages, in particular to groups made
vulnerable.
(22) While recognizing some improvement of the situation in the State party’s detention system, the Committee
remains concerned about the overcrowding in prisons and other detention facilities as well as with the high rate of
HIV/AIDS and tuberculosis amongst detainees. The overcrowding affects, inter alia, detainees on remand and
children, and the Committee is particularly concerned about detention conditions of pretrial detainees placed in
police cells, which are inappropriate for long periods of detention, and which place detainees in a situation of great
vulnerability. The Committee also expresses its concern that there is no effective oversight mechanism established
to monitor the conditions for persons placed in police custody and that time spent in pretrial detention is not taken
into account for the calculation of the final sentence (arts. 16 and 11).
The State party should adopt effective measures to improve the conditions in detention facilities,
reduce the current overcrowding and meet the fundamental needs of all those deprived of their liberty,
in particular regarding health care; periodic examinations of prisoners should be carried out. The
State party should also ensure that detained children are kept in facilities separate from those for
adults in conformity with international standards, reconsider the systematic pretrial detention for
certain crimes, especially for children, and establish an effective monitoring mechanism for persons in
police custody.
(23) The Committee is concerned about widespread acts of violence against women and children, especially rapes
and domestic violence, and with the lack of an effective State policy to prevent and combat such violence (arts. 16
and 1).
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