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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:A review of measures in place to effect the prevention and combating of torture with specific reference to places of detention in South Africa
Authors:Muntingh, Lukas
Fernandez, Lovell
Year:2008
Periodical:South African Journal on Human Rights
Volume:24
Issue:1
Pages:123-143
Language:English
Geographic term:South Africa
Subjects:torture
detention
international agreements
legislation
External link:https://doi.org/10.1080/19962126.2008.11864945
Abstract:In 1998 South Africa ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Articles 10, 11, 12 and 13 of the Convention oblige States parties to put in place measures to prevent and combat torture, cruel, inhuman and degrading treatment or punishment. Using articles 10 to 13 as structure, the authors provide an overview of the current measures in place in South Africa, or not, to prevent and combat such behaviour, as well as the identifiable shortcomings in the legislative and policy frameworks governing institutions where people are involuntarily deprived of their liberty. These institutions are police detention cells, prisons, the foreign national repatriation centre, psychiatric hospitals, substance abuse treament centres, schools of industry, places of safety, secure facilities for children, military detention barracks, and places where private security personnel are deployed. That torture is taking place in South African places of detention is common cause. The overview also indicates that there are fundamental shortcomings at policy, legislative and regulatory levels. The obligations under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment have not had a material impact on post-1998 law reform in South Africa. Notes, ref. [ASC Leiden abstract]
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