When There Is a Gap in Law: Bridging Gaps Through Implementation of the Prevention and Combating of Torture of Persons Act 13 of 2013

When There Is a Gap in Law: Bridging Gaps Through Implementation of the Prevention and Combating of Torture of Persons Act 13 of 2013

After 16 years of delays, South Africa finally enacted the Prevention and Combating of Torture of Persons Act in July 2013. The Act domesticates the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and fulfils South Africa's international law obligation to pass anti-torture legislation after signing and ratifying UNCAT in 1997. The question remains, however, whether the Act is a true reflection of UNCAT as an empowering instrument. This policy brief presents the gaps that exist in the Act's substantive provisions and a set of recommendations for addressing them.

 

CSVR Policy Brief
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