Speaking of the situation in South Africa, a representative of the Civil Society Prison
Reform Initiative said: ‘Officials are rarely prosecuted and convicted for assault,
torture and actions resulting in the death of criminal suspects and prisoners …
Prosecution is so rare that a situation of de facto impunity results.’58
Conclusion and recommendations
Use of force must always be proportionate to achieve the lawful objective, with the aim of minimising injury. The use
of electric shock equipment in South Africans prisons, however, has frequently been at odds with this aim. South
Africa must honour its constitutional and international obligations to uphold the rights of inmates and detainees to not
be subjected to torture and other forms of abuse. To help meet these obligations, the following recommendations
are made:
1
Body-worn electric shock devices should be prohibited for use. Being made to wear electric shock devices, such
as stun belts, is inherently degrading to the dignity of the person. Activating such devices constitutes unwarranted
and disproportionate force, amounting to torture or other cruel, inhuman or degrading treatment or punishment.
Even when such devices are worn but not activated, they still constitute ill-treatment, as they leave the wearer in
constant fear of potential pain while they are worn. They do not meet a legitimate law-enforcement objective that
cannot be effectively achieved with safer, less abusive alternatives. The government should take effective legislative,
administrative, judicial or other measures to prevent the use of body-worn electric shock devices, remove and
destroy them at the earliest practicable time, and replace them with humane restraints.
2
Hand-held electric shock devices should be prohibited. Stun shields, stun batons and stun guns are prone to
abuse, especially in settings where there is a culture of excessive use of force and impunity. Their use does
not meet a legitimate law-enforcement function that cannot be effectively achieved through safer means. Humane
forms of restraint and control, such as handcuffs, shields and batons, should instead be used to achieve the lawful
objective of restraint and control.
3
Wired projectile electric shock weapons should be prohibited for use in correctional centres. Given the problems
with other electric shock devices, these weapons should not be introduced into correctional centres or other
places of detention.
4
5
Mandatory reporting of all use-of-force incidents should be introduced and regularly monitored to allow one to
assess the appropriateness and lawfulness of actions. Any necessary corrective measures can then be taken.
Policies and staff training should be compatible with international human-rights standards and law. This should
include instruction on the use of force and the appropriate use of security equipment. Clear institutional policies
need to be in place and should be publicly available. South African law-enforcement agencies must ensure that
officials have received adequate training on the use of any items of equipment they are issued with, and undertake
regular refresher training.
POLICY BRIEF 86 • JUNE 2016
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