The gendered face of torture in SA's immigration system

JUNE 26 marked the International Day in Support of Victims of Torture, reaffirming the absolute prohibition of torture under international law. In South Africa, this day rings with a bitter irony considering our past with arbitrary detention and violations of human rights within carceral settings during apartheid.

- ZEKHETHELO CELE

South Africa ratified the Optional Protocol to the Convention Against Torture (OPCAT) in 2019. Five years later, a functional National Preventive Mechanism (NPM) exists that is mandated by the OPCAT to regularly examine and investigate the treatment of persons deprived of their liberty.

The NPM includes several oversight bodies, coordinated by the SA Human Rights Commission.

While this is a positive step towards protection and promotion of human rights in places of deprivation of liberty, there is little doubt from Lawyers for Human Rights that torture, cruel, inhumane and degrading incidents still occur in our carceral settings. These include denial of healthcare, arbitrary detention and extortion.

The 2023/2024 Department of Correctional Services Annual Report revealed that 66 officials were charged with misconduct, with 32 dismissed and 17 resigning before disciplinary hearings for charges including assaulting inmates, smuggling contraband, bribery, dereliction of duty and violating departmental security protocols.