04.08.2008, South Africa, Khulumani demands trial in accordance with
the rule of law without any offer of amnesties in the case of the
assassination of Nokuthula Simelane
Khadija Bradlow Published:Aug 04, 2008
This makes a mockery of the TRC
Women in court to stop loved ones’ apartheid-era torturers evading justice
PERPETRATORS of apartheid-era crimes should face the full might of the
law and not be allowed to enter into “back-door” deals to
evade prosecution.
This is according to five women whose relatives were victims of the apartheid police’s notorious security branch.
The Pretoria High Court will soon hear an application by the sister of
anti-apartheid activist Nokuthula Simelane and the widows of the
Cradock Four.
Simelane was abducted by the security branch in 1982 and never seen
again. The Cradock activists were killed by the apartheid police in
1985.
Their relatives, assisted by the Legal Resources Centre, are squaring
off against eight former policemen, the minister of justice and the
national director of public prosecutions. They want the court to strike
down as unconstitutional several amendments to the policy of the
National Prosecuting Authority.
The amendments offer immunity from prosecution, in certain
circumstances, to perpetrators of apartheid-era crimes who did not
apply for, or were denied, amnesty by the Truth and Reconciliation
Commission.
The women are joined in the court action by the Khulumani Support
Group, which has for decades lobbied for apartheid victims’
rights, and particularly for financial compensation.
The policy amendments could remove victims’ rights to sue perpetrators.
Khulumani said those who will be worst affected by the amendments are
“vulnerable people who have experienced the might of the state at
its most brutal” and whose livelihoods had been adversely
affected by the crimes.
Unless the court challenge succeeds, the men accused of abducting and
torturing Simelane and the Cradock Four might never go to jail.
They, and countless other perpetrators of apartheid crimes, will be
able to apply to the National Prosecuting Authority for amnesty.
The “general discretion” on instituting a prosecution lies
with the national director of public prosecutions. Primary factors
taken into account by the director are similar to those considered by
the TRC, such as full disclosure and political motive.
But the amended policy allows for other factors, such as the extent to
which the prosecution might “contribute to, facilitate or
undermine our national project of nation-building”.
And, unlike the truth commission process, neither the applications made nor the decisions reached have to be made public.
“It seems that the policy is a back door that has been opened
… this makes a mockery of the TRC process,” said Nkadimeng.
Cooperators
World Coalition Against Torturers (WCAT)
International Rehabilitation Council for Torture Victims (IRCT)
Project Management
Bianca Schmolze
Bianca Schmolze
has a Master of Business Administration and works for the Medical Care
Service for Refugees since 2002. After serving as a fundraiser, she
became responsible coordinator of the "Justice heals" campaign in 2004.
Furthermore, she has a mandate in the city council of Bochum.
Tel.: +49-(0)234-9041380
Fax: +49-(0)234-9041381
(Thursday and Friday, 10.00–18.00 Uhr)
Supported by
Manfred
Nowak,
UN Special Rapporteur on Torture