REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
or degrading treatment by members of the Service and also includes guidelines that must be
followed when a person in custody is being interviewed.
54. The SAPS is also in the process of developing a system providing for the video and audio
recording of interviews with suspects or arrested persons. To ensure the effective
implementation of this policy, a number of Standing Orders of the Service were promulgated
in terms of which no member of the Police Service may torture any person, permit anyone
else to do so or tolerate the torture of another by anyone. The same applies to an attempt to
commit torture and to an act by any person that constitutes complicity or participation in
torture.
55. In the Standing Orders it is clearly evident that no exception, such as a state of war, or threat
of war, state of emergency, internal political instability or any other public emergency will
serve as justification of torture and any contravention thereof constitutes misconduct and
disciplinary proceedings have to be implemented in respect thereof.
56. In view of the implementation of the policy, all police stations were issued with the necessary
registers, including a Custody Register45 and Notice of Rights in terms of the Constitution46 to
ensure the proper treatment of persons and to monitor police activities.
57. The investigation of deaths and allegations of torture or cruel, inhuman or degrading
punishment in correctional centres is conducted by the Judicial Inspectorate of Correctional
Services. The Judicial Inspectorate for Correctional Services is an independent office under
the control of the Inspecting Judge. The object of the Judicial Inspectorate is to facilitate the
inspection of correctional centres in order that the Inspecting Judge may report on the
treatment of inmates in correctional centres and on conditions in correctional centres. As an
independent monitoring body, the Judicial Inspectorate has improved the situation of
prisoners significantly. The Judicial Inspectorate for Correctional Services as established in
South Africa had become a model of how an independent monitoring body can help to
improve the situation of prisoners.
58. As mentioned, the Correctional Services Act, 199847 establishes a mandatory reporting
system under which all heads of correctional centres are required to submit reports to the
Inspecting Judge concerning incidents of death, segregation, and the use of mechanical
restraints in correctional centres.
59. The Judicial Inspectorate has intensified its efforts to establish and investigate the
circumstances under which such deaths occur. In this regard, the Judicial Inspectorate has
resuscitated the Legal Services Unit which is staffed by well-qualified and experienced
lawyers. The Inspectorate has also created a Case Administration Unit, which has as its
primary objective, the effective monitoring and recording of death reports. The Judicial
45
SAPS 14
SAPS 14(a)
47
Act No. 111 of 1998
46
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