Preventing and combating torture in South Africa: a framework for action under CAT and OPCAT

Legislation to combat torture in South Africa?

This paper aims to provide more information to decision-makers and stakeholders on the challenges in preventing and combating torture. It also outlines South Africa’s obligations under the UN Convention Against Torture (CAT) and Optional Protocol to CAT (OPCAT).

It is argued that regrettably torture and cruel and degrading treatment or punishment still takes place in post-apartheid South Africa. Official statistics are not kept on the incidence of torture, but from departmental annual reports, research and media reports it is evident that torture remains a problem. South Africa ratified CAT on 10 December 1998 committing itself to implementing measures giving effect to the objectives of CAT. The Committee requires the South African government to act urgently in a number of areas:

South Africa must ensure that under no circumstances are persons expelled, extradited or returned to a state where they may be subject to torture
strengthen legal aid to assist victims of torture, cruel, inhuman or degrading treatment or punishment to seek redress.

Since coming into force in June 2006, 61 states have signed OPCAT and 34 have ratified it (as at 31 January 2008). A number of factors are highlighted that are needed to take the protocol forward in South Africa including:

as South Africa has only signed and not yet ratified and implemented OPCAT, ratification would be an important step in demonstrating commitment to the eradication of torture
given South Africa’s history and the transition to democracy, it is important for civil society and the media to put torture back on the national agenda.

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Preventing and combating torture in South Africa: a framework for action under CAT and OPCAT