Hon Speaker, hon members, section 12 of our Constitution, which entrenches the right to freedom and security of the person, provides for the inclusion of the right not to be tortured in any way; and not to be treated or punished in a cruel, inhumane or degrading way. By ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, South Africa has become a state party to this convention. The convention obliges our Republic to take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
The aim of the Bill that is before us is to provide for a legislative framework for South Africa to comply with the requirements of the convention, and also to enhance the constitutional protection of the right not to be tortured in any way.
The ratification information contained in the convention states that the obligation of states under the Charter of the United Nations in particular article 55, is to promote universal respect and the observance of rights and fundamental freedoms. Both article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights provide that no one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment. I wish to briefly reflect on some of the pertinent aspects of this Bill.
Firstly, in the preamble, we draw attention to the following: We are mindful of the fact that the Republic of South Africa has a shameful history of gross human rights abuses that include the torture of many of its citizens and inhabitants; since 1994 we became an integral and accepted member of the community of nations; we are committed to the prevention and the combating of torture of persons, amongst others, by bringing persons who carry out these acts of torture to justice, as required by international law; and also that we are committed to carrying out our obligations in terms of the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.
This Bill would establish, for the first time, the offence of torture as a separate offence under our law. As the law currently stands, any act of torture would be unlawful and the alleged perpetrator would be persecuted in respect of an act that amounts to torture. The particular act would in most instances amount to an offence of assault, including assault with the intent to inflict grievous bodily harm or even attempted murder. However, the mere fact that the offence in question is not recorded as torture, and that complaints with regard to alleged instances of torture are not recorded as such, makes it very difficult to obtain an accurate picture of the prevalence, whether real or perceived, of the scourge of torture. In the absence of such reliable information, it is also difficult to develop strategies that are aimed at addressing the problem and assessing the plight of victims.
Furthermore regarding this Bill, it stands to reason that the establishment of torture as a stand-alone offence, is clearly viewed by the legislator as an exceptionally serious offence in that the perpetrator would, on conviction, be sentenced to a term of imprisonment.
The last aspect that I would wish to draw your attention to on this Bill is that the state has a duty to promote an awareness of the prohibition of torture that is aimed at preventing and combating torture. This awareness would include the development of programmes that are aimed at the following: Firstly, conducting education and information campaigns about the prohibition of torture that are aimed at the prevention and combating of torture; secondly, ensuring that all public officials who may be involved in the custody, interrogation or treatment of a person who is subjected to any form of arrest, detention or imprisonment, are educated and informed about the prohibition against torture; thirdly, providing assistance and advice to any person who wants to lodge a complaint of torture; and lastly, training public officials on the prohibition, prevention and combating of torture.
Lastly, I wish to convey my sincerest appreciation to the hon members of the Portfolio Committee on Justice and Constitutional Development who, under the capable chairing of the hon Landers, dealt with the consideration and improvement of this Bill in their usual dedicated and informed manner. I so move for the adoption of this Bill. I thank you. [Applause.]