Cape Town - Deaths in police custody continue, with official statistics showing that 266 people died in detention during the last financial year.
In evidence handed in at the inquest into the death in police custody of Ahmed Timol in 1971, advocate Howard Varney said that 266 people died in police custody, of whom 66 allegedly committed suicide by means of hanging, 3466 detainees were assaulted and 144 tortured.
But researchers believe that the deaths, assault and torture in police custody are a lot higher than official statistics indicate.
Researcher at the Centre for the Study of Violence and Reconciliation, Malusi Langa, said the stats published by the Independent Police Investigative Directorate (Ipid) may not reflect all the deaths and torture cases.
“If we had reliable ways of collecting the numbers, they would be way higher than that. Many cases in South Africa may not be meeting the classical definition of torture.”
Langa said the centre had numerous case studies of people being brutalised by police and these were classified as "cruel", "inhumane" or "degrading".
“Putting you in a cell with no food or water, without legal representation and releasing you without being charged wouldn't be classified as torture, but when you looking at such cases, you certainly find elements of cruelty and degrading behaviour.”
Ipid spokesperson Moses Dlamini said the directorate was concerned by the cases reported to it, but found that in some cases police were found to be within the bounds of the law.
“The 2015/16 Annual Report mentions 145 torture allegations reported and 3509 assault complaints reported to Ipid by members of the public. Ipid is relatively new, having been established in 2012. It will take some time for police behaviour to change.
"However, the report also shows that 116 police officers were convicted and sentenced to fines and prison terms of many years, including life for various offences in criminal matters. The report also shows that 338 police officers were convicted in disciplinary matters, their sentences ranged from being given warnings to dismissal from service.”
He said Ipid made 957 recommendations to the National Prosecuting Authority and 1 297 recommendations to police.
“At the end of the 2015/16 reporting period, the Independent Police Investigative Directorate had 814 cases on court rolls around the country.
Deputy Chairperson of the South African Human Rights Commission, Priscilla Jana said during apartheid many of her clients died in custody and she was not surprised that the trend was continuing.
“Police literally murdered so many people and made excuses, like it was suicide and these weren't true. This is why the reopening of Ahmed Timol’s case is so important. We have top open all the other cases and give all those other families closure”
Jana said south Africans were too optimistic after 1994 and many of the apartheid issues were not properly addressed.
“It is quite obvious that police brutality is still around because policemen that were around in apartheid years are still there and they were trained to harm people and mindsets don’t change overnight. I will not be surprise that it is still going on.”
She said it has to be remembered that the dignity extended to prisoners.
“I think it is important to address it and it is the right time to bring about public awareness about it.”
Professor Lukas Muntingh co-founder and project head of the Civil Society Prison Reform Initiative said there are many allegations and not all cases are properly investigated.
“The law allows the police to use the minimum force necessary to execute and arrest and I think there is good reason to believe that the mark is overstepped and that is a violation of the law and the Constitution.”