Deputy Speaker, torture dates back many centuries, and was, at one stage, considered a legitimate and necessary method of obtaining information; for example, during the Spanish Inquisition. Fourteen years ago, South Africa ratified the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, promising to criminalise it. This Bill is a result of our international obligations under that UN convention, which was passed in 1984, largely as a result of the torture and subsequent death of Mr Steve Biko.
The question can rightfully be asked as to why we need this legislation in post-apartheid South Africa. Is torture not something we have left in the past? Regrettably, torture and cruel, inhuman and degrading treatment or punishment still takes place in South Africa. The hon Schfer pointed out a number of such incidents, including the Marikana tragedy, where many allegations were made of torture being used by police officials.
Whilst the debate in Europe, North America and the Middle East has focused on the War on Terror, the situation in South Africa is different. Here, the focus has been on the treatment of prisoners, detainees in police custody, undocumented foreigners, children in secure care facilities and patients in psychiatric hospitals. According to Lukas Muntingh:
In post-1994 South Africa, it has become evident that transformation is far more demanding than writing new laws, and that many attitudes, practices and habits from the previous regime have survived, especially in places where people are deprived of their liberty.
The extent of torture in South Africa is largely unknown, mainly due to a lack of reporting and the lack of a definition of the crime. Cases of torture have, up to now, been classified as assault or attempted murder. We trust that the Bill will help this situation where we now have a clear definition of torture.
The Centre for the Study of Violence and Reconciliation has said:
The sad reality is that such acts of torture and cruel, inhumane and degrading treatment are regular occurrences in our society and are perpetuated by those responsible for our safety and security.
This, the ACDP believes, is reprehensible and must be addressed.
The Open Society Foundation has stated:
Pre-trial detainees are entirely in the power of detaining authorities, who often perceive torture and other forms of ill treatment as the easiest and fastest road to obtain information or extract a confession.
We had the Marikana incident. Another incident that deserves further mention is the torture of 231 inmates at the St Albans Maximum Correctional Facility in 2005. The case was heard by the UN Human Rights Committee after authorities ignored the pleas of one of the victims to investigate. In October 2010, the UN found South Africa guilty of transgressing the Covenant on Civil and Political Rights, and only in September last year did the government begin investigating it. To date, the victims are still awaiting justice. So, clearly, we need this Bill, and the ACDP is fully in support thereof. I thank you.