CSPRI makes submissions to Parliament on the Prevention and Combating of Torture of Persons Bill

On 31 July 2012, CSPRI sent in the following submissions to Parliament on the Prevention and Combating of Torture of Persons Bill. These submissions represent the views of a group of organisations (listed in the document) and address, primarily, whether the contents of the Bill comply fully with the obligations imposed on the state in terms of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). These submissions also include recommendations on what the Bill should include and / or exclude as well as suggestions on how the text could be amended. CSPRI will be addressing the Portfolio Committee on Justice and Constitutional Development at the public hearings on 4 September 2012.

CSPRI welcomes the tabling in Parliament of the Prevention and Combating of Torture of Persons Bill as it represents an important step in preventing and eradicating torture and other ill treatment in South Africa, demonstrating the state’s commitment to fulfil its obligations under international human rights law and the Constitution.

It is the view of the organisations party to this submission that the Bill should aspire to establish a legislative framework that is as comprehensive as possible to facilitate South Africa’s compliance with all duties under the UN Convention against Torture (UNCAT).

The UNCAT places four broad duties on states parties and the contents of the Bill and the requirements of the UNCAT are discussed under these four headings, namely the duty to criminalize torture and combat impunity; the duty to prevent torture and other ill treatment; the duty to provide redress and rehabilitation to victims of torture and other ill treatment; and the duty to report to the Committee against Torture.

These submissions by CSPRI are endorsed by members of the Campaign to Domesticate the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in particular the Centre for Applied Legal Studies (CALS), the Institute for Security Studies, the Centre for the Study of Violence and Reconciliation, the Association for the Prevention of Torture, NICRO, the Wits Justice Project, the Gender, Health and Justice Research Unit, University of Cape Town, the Child Justice Alliance, the South African No Torture Consortium (SANToC), Khulumani Support Group, the Trauma Centre for Survivors and Torture, the Institute for Healing of Memories, Sonke Gender Justice and Just Detention International.

To download the full text of the submissions, please click here.