Unit 9

Question 1

Definition of torture

Answer 1

1) Means any act by which severe pain or suffering, whether physical or mental
2) Is intentionally inflicted on a person for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third person has committed

Question 2

Conditions required for act to qualify as torture

Answer 2

1) It must result in severe mental and/or physical suffering.
2) It must be inflicted intentionally.
3) It must be committed by, or with the consent or acquiescence of a public official.
4) It excludes pain and suffering as a result of lawful actions.

Question 3

Duties of South Africa under CA

Answer 3

1) The duty to prevent torture and CIDT
2) The duty to abide by the peremptory norm
3) The duty to protect foreign nationals
4) The duty to criminalise torture in domestic law
5) The duty to either prosecute or extradite
6) The duty to educate and train all personnel
7) The duty to investigate
8) The duty to accept complaints and protect witnesses and victims
9) The duty to ensure redress to victims of torture
10)The duty to reject statements obtained under torture
11)The duty to report on measures taken

Question 4

Common methods of physical
torture:

Answer 4

1) Beating
2) Electric shocks
3) Stretching
4) Submersion
5) Suffocation
6) Burns
7) Rape and sexual assault

Question 5

Psychological forms of torture and
ill-treatment

Answer 5

1) Isolation
2) Threats
3) Humiliation
4) Mock executions
5) Mock amputations and
6)Witnessing the torture of others

Question 6

Frequent victims of torture include:

Answer 6

1) Political leaders
2) Journalists
3) People in detention or prison

Question 7

Impact of torture on a community

Answer 7

1) Victims of torture do not suffer alone.
2) Victims’ families and friends are greatly affected.
3) Local society is damaged both through trauma inflicted on it’s
members, but also through instilled awareness that basic human rights are neither guaranteed nor respected

Question 8

Perpetrators of torture

Answer 8

1) Prison wardens/ detention officers
2) Police
3) Military
4) Paramilitary forces
5) State controlled and anti-guerilla forces

Question 9

SA’s responsibilities regarding the Convention against
Torture

Answer 9

1) Enact legislation criminalizing torture
2) South Africa must ensure that under no circumstances are persons expelled, extradited or returned to a state where
they may be subject to torture.
3) All necessary measures should be taken to prevent and combat the ill-treatment of non-citizens detained in
repatriation centres