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Media Statement: SAHRC marks the International Day in Support for the Victims of Torture

Attention: Editors and Reporters
Thursday, 26 June 2025

Today, June 26, 2025, the South African Human Rights Commission (SAHRC/Commission) and the National Preventive Mechanism (NPM) mark the International Day in Support of the Victims of Torture. Under the theme "Torture: A Crime Against Humanity” the significance of this day is traced back to 26 June 1987 when the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) came into force.

The UNCAT is the main international mechanism that proclaimed the absolute prohibition of torture in binding international law instruments. Similarly, this absolute prohibition has been entrenched in section 12 of the Constitution of the Republic of South Africa, 1996.

June 26 serves as a poignant reminder to honour and support those who have suffered. It also provides us with a crucial opportunity to reaffirm our steadfast commitment to the absolute prohibition against torture and particularly the Optional Protocol to the Convention against Torture, Cruel, Inhuman Treatment or Punishment (OPCAT) system.

The absolute prohibition equally comes with obligations to provide redress and rehabilitation to victims. We mark this day against the backdrop of the Republic of South Africa ratifying the OPCAT and designating the Commission as its NPM.

Central to the OPCAT is that a system of regular, independent visits to places of deprivation of liberty can serve as an essential safeguard against abuses, and prevent torture and ill-treatment in places that by their very nature fall outside the public scrutiny. This is done through the designation of an NPM to prevent torture and other cruel, inhuman or degrading treatment or punishment from taking place through monitoring places of deprivation of liberty.

The SAHRC also takes this opportunity to remind the State to ensure that there is meaningful redress for victims of acts of torture that includes: restitution, rehabilitation, compensation and guarantees of non-repetition. This includes pre and post-constitutional democracy victims of torture, who may not receive adequate redress, including appropriate compensation and rehabilitation.

As we stand in solidarity with victims of torture, cruel, inhumane treatment or punishment such as the Esidimeni and apartheid-era victims, we also remind the State of its obligation to prevent torture and to provide all torture victims with effective and prompt redress, compensation and appropriate social, psychological, medical and other forms of rehabilitation. Part of these obligations include the duty to ensure that an effective mechanism is established to monitor and prevent torture and ill-treatment.

As part of the commemoration of this day, the NPM has developed a policy position paper on the role of NPMs in strengthening the prevention of torture through more effective controls over tools that can be used to torture, inflict harm and other ill-treatment.

The South African NPM is also participating at the 3rd regional conference of the Network of African National Preventive Mechanisms taking place in Cape Verde. As a founding member of the Network, we recall the fundamental and absolute prohibition of torture, along with acts of cruel, inhuman, or degrading treatment or punishment. These principles stand as a peremptory norm within international customary law, human rights law, and humanitarian law. Torture and all forms of ill-treatment are impermissible under any circumstances, without exception.

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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