For the first time in its history, the SA Human Rights Commission addressed the United Nations Human Rights Council in Geneva, at sixth session, this afternoon.

Martin Scheinin placed his The Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while countering terrorism, placed a report on his April 2007 visit to South Africa, before council.

The Rapporteur addressed the Council on: the Protection of Constitutional Democracy against Terrorist and Related Activities Act; law enforcement and criminal proceedings in terrorism cases; listing of individuals and entities under the UN Security Council Sanction List; immigration policies in the context of counter terrorism; immigration detention; the principle of non refoulement (Mr Rashid); mercenaries; community relations; and SA’s Regional role.

In its statement the Commission commended the South African government for its work in counter terrorism and encouraged the government to continue in its efforts of ensuring that the rights of terrorism suspects are respected and protected. More specifically the Commission commended government’s decision to handle most of the terrorism cases within the same criminal procedure framework as all other criminal cases. 

However, the Commission highlighted that SA’s counter terrorism legislation results in the limitation of the rights of terrorism suspects and notes the Special Rapporteur’s Recommendations that the implementation of the legislation must be carefully monitored and changed if there is a negative impact on human rights.  The Commission particularly hopes that the National Prosecuting Authority will refrain from relying on in camera criminal proceedings unless absolutely necessary.

The commission raised its concern about the treatment of terrorism suspects, particularly non-nationals, and believes that the potential for abuse of non-nationals in detention is particularly high due to systemic issues relating to the delays in processing of immigration applications and asylum claims. Although South Africa deserves praise for its progressive asylum legislation, the backlog of asylum and immigration complaints is concerning, as are the reports of corruption at the Department of Home Affairs. 

The Commission also sees a clear need for regular monitoring of Lindela, the main place of detention for non-nationals awaiting deportation, in order to prevent the mistreatment of undocumented migrants, including terrorism suspects. To this end, the Commission urges the government to ratify the Optional Protocol of the Convention Against Torture (OPCAT) and bring the monitoring of Lindela in line with the Convention’s requirements for a National Preventative Mechanism (NPM).

The ratification of the Optional Protocol and the creation of a National Preventative Mechanism would also be valuable in protecting the rights of suspects held in prisons and police cells.  The Commission is concerned that there is currently no monitoring process in place for persons deprived of their liberty. Particularly concerning are police detention facilities.  In terms of monitoring prisons, the Judicial Inspectorate deserves recognition for its monitoring work.  However, the Judicial Inspectorate was not created in accordance with the Convention Against Torture and OPCAT requirements for an NPM. 

Finally, the Commission urged parliament to enact legislation that criminalizes all forms of torture and mistreatment, and in particular the express prohibition on the use of statements obtained as a result of such treatment, as was recommended to South Africa by the Committee against Torture in November 2006. 

The address was be made in terms of the rules and procedures of the Council.

Enquiries: Vincent Moaga- SAHRC Media Relations on 073 562 9866

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