custody and penal institutions in the territory under the State party’s jurisdiction. The State party should provide to
the Committee detailed statistical data, disaggregated by crimes and sex, and with a breakdown by region, on
complaints alleging torture and ill-treatment by law enforcement officials and prison officers and on any related
investigations and prosecutions, as well as penal and disciplinary measures. The Committee also requests statistical
information on the number of cases, if any, where courts rejected prosecutorial requests for pretrial detention
because law enforcement bodies violated legal procedures relating to custody.
(26) The Committee encourages the State party to continue to permit international inspection of places of
detention, including by the European Committee for the Prevention of Torture (CPT) and, recalling that
representatives of the State party referred repeatedly to recent findings by the individual members of the CPT on the
Chechen Republic, recommends that the State party authorize the publication of the CPT’s reports on the
Chechen Republic and other areas.
(27) The Committee regrets that the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment could not yet conduct a visit to the North Caucasus Republics of Chechnya, Ingushetia,
North Ossetia and Kabardino-Balkaria and urges the State party to permit this visit, in full conformity with the
Terms of Reference for fact-finding missions by special procedures of the United Nations. The Committee also
encourages the State party to ratify the Optional Protocol to the Convention against Torture.
(28) The State party should widely disseminate its report, and its reply to the list of issues, and the summary
records, conclusions and recommendations of the Committee, in all appropriate languages through official websites
and the media.
(29) The Committee requests that the State party provide, within one year, information on its response to the
Committee’s recommendations contained in paragraphs 8, 10, 12, 16, 22, 23 and 24 above.
(30)
The State party is invited to submit its fifth periodic report by 31 December 2010.
37.
South Africa
(1)
The Committee against Torture (“the Committee”) considered the initial report of South Africa
(CAT/C/52/Add.3) at its 736th and 739th meetings (CAT/C/SR.736 and 739), held on 14 and 15 November 2006,
and adopted, at its 750th meeting, on 23 November 2006 (CAT/C/SR.750) the following conclusions and
recommendations.
A. Introduction
(2)
The Committee takes this opportunity to express its profound satisfaction for the termination of the apartheid
regime, which brought so much suffering to the South African people, as well as for the measures taken to ensure
that no such regime, based on systematic grave human rights violations, especially torture and cruel, inhuman or
degrading treatment, could ever come to being again.
(3)
The Committee welcomes the initial report of South Africa, as well as the opportunity to initiate a
constructive dialogue with the representatives of the State party. It regrets, however, that the report, due in
January 2000, was submitted in June 2005. It also notes that the report does not fully conform to the Committee’s
guidelines for preparation of initial reports and limits itself mainly to statutory provisions rather than analysing the
implementation of the Convention’s provisions. However, through the dialogue with the State party’s delegation, the
Committee was able to obtain information on how the Convention’s provisions are applied in practice in the
State party.
(4)
The Committee commends the State party’s delegation for the detailed responses provided both in writing
and orally to the questions posed by the members during the examination of the report. The Committee expresses its
appreciation for the large and high-level delegation, comprising representatives from several departments of the
State party, which facilitated a constructive oral exchange during the consideration of the report.
37
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