CAT/C/ZAF/CO/2
which take into account the gravity of the nature of the acts, as set out in article 4 (2)
of the Convention;
(b)
In order to operationalize the Act, consider introducing procedural
provisions to ensure the documentation, effective and independent investigation and
prosecution of acts of torture and cruel, inhuman or degrading treatment or
punishment, including those perpetrated by persons employed by private institutions
or organizations that are contracted to carry out work on behalf of the State as well as
other non-State actors;
(c)
In order to further operationalize the Act and provide full reparation to
victims of torture, consider amending it in order to include specific provisions relating
to the right of victims of torture to seek civil redress and remedy under the Act and
access all five forms of reparation outlined in the Committee’s general comment No. 3
(2012) on the implementation of article 14, namely, restitution, compensation,
rehabilitation, satisfaction and guarantees of non-repetition;
(d)
Inform the Committee about the number of torture cases prosecuted
under the Act during the period under review and about the number of cases of
torture prosecuted under the Independent Police Investigative Directorate Act
relating to complaints “of torture or assault against a police officer in the execution of
his or her duties”, by the Judicial Inspectorate for Correctional Services and under
any other legislation;
(e)
In order to prevent impunity, ensure prompt and fair prosecution and
punishment of perpetrators of torture and ill-treatment.
International crimes bill
8.
The Committee is gravely concerned about the proposed international crimes bill
that is currently being considered by the National Assembly. If enacted into law, the bill
would amend the Prevention and Combating of Torture of Persons Act so as to provide
immunity for certain persons from prosecution in respect of the crime of torture. If
implemented, the respective provisions of the Act, as amended, will run counter to the
Convention and, if applied in practice, will constitute a gross violation of the Convention
(arts. 2 and 4).
9.
The State party should align its legislation with the provisions of the
Convention and refrain from enacting into law provisions of the international crimes
bill amending the Prevention and Combating of Torture of Persons Act, which, if
enforced, will provide immunity for certain persons from prosecution in respect of the
crime of torture.
Age of criminal responsibility
10.
The Committee is concerned that the age of criminal responsibility in the State party
is 10 years (art. 2).
11.
The State party should amend its legislation with a view to raising the age of
criminal responsibility in accordance with international standards.
Fundamental legal safeguards
12.
While taking note of the information provided by the State party, the Committee is
concerned that detained persons may not enjoy all fundamental legal safeguards from the
outset of their deprivation of liberty, such as the right to be informed immediately, rather
than within a reasonable time after arrest, of the reasons for the arrest or detention; to have
access to a lawyer or legal aid; to be informed of their right to undergo a medical
examination by an independent doctor upon apprehension – not only of their right to have
access to a doctor at their own expense; to have their detention recorded in a register to
which they, their family members and their lawyers have access, including the custody
register and the occurrence book. The Committee is also concerned that medical oversight
of police detention is not mandatory and that police service officials have the discretion to
3