CAT/C/ZAF/CO/2
victims. The State party should provide assistance to all families whose relatives died
in detention with regard to obtaining records and gathering further information in
order to have the initial inquests reopened and to solve the cases of other suspicious
deaths. In particular, the State party should indicate how it intends to give effect to
the judgment of the North Gauteng High Court concerning the death of Ahmed Essop
Timol.
Marikana incident
30.
The Committee is gravely concerned at reports about the violent conduct and lethal
use of force by the police and security forces on 16 August 2012 against striking
mineworkers at Marikana, which resulted in 34 deaths and serious injury to 78 persons, and
at the slow pace of investigations into the criminal responsibility of South African Police
Service officials and into the potential liability of the Lonmin mining company (arts. 2, 4,
10–14 and 16).
31.
The State party should:
(a)
Implement the recommendations of the Marikana Commission of
Inquiry, ensure the prompt prosecution of the police officers implicated in the
Marikana deaths and punish those convicted of illegal killings;
(b)
Investigate the potential liability of the Lonmin mining company for the
Marikana incident and review the compliance of companies with their responsibilities
under all relevant legal standards for operations in the mining sector;
(c)
Give priority to the speedy settling of civil claims in relation to the
killings perpetrated during the protests of 16 August 2012 in order to provide effective
remedies to the families of the victims;
(d)
Revise laws and policies regarding public order policing and the use of
force, including lethal force, by law enforcement officials in order to ensure that all
policing laws, policies and guidelines are consistent with the Basic Principles on the
Use of Force and Firearms by Law Enforcement Officials, and inform the Committee,
in the State party’s next periodic report, of the implementation of those laws, policies
and guidelines;
(e)
Ensure that the training for law enforcement and security forces on the
use of force emphasizes the absolute prohibition of torture and the need to respect the
principles of necessity and proportionality in accordance with the Convention and the
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
Police brutality and excessive use of force
32.
The Committee is concerned:
(a)
At numerous reports of acts of torture committed by police officials,
including the report by the Independent Police Investigative Directorate of 217 cases of
torture and 3,661 cases of assault recorded during the period 2017/18, as well as reports of
112 rapes committed by police officers, including 35 committed while the officers were on
duty;
(b)
That such acts have resulted in a significant increase in the number of deaths
in police custody, including 394 deaths as a result of police action and 302 deaths in police
custody for the 2016/17 period, while less than half are investigated;
(c)
At the absence of recommendations for prosecution submitted by the
Independent Police Investigative Directorate, which has the legal mandate to receive, log
and investigate complaints against assault or torture by the police, to the National
Prosecuting Authority, to institute criminal proceedings (arts. 2, 4, 10–14 and 16);
(d)
At the unambiguous and openly hostile language of some politicians in this
connection, which may amount to hate speech or instigation to hate crimes.
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