Press Releases:

December 12, 2008

South Africa: High Court ruling for victims

CAPE TOWN, December 12, 2008 - The ruling by South Africa's High Court striking down a prosecution policy that allowed new, de facto amnesties for apartheid-era crimes is a significant victory against impunity for human rights violations, the International Center for Transitional Justice said.

The High Court declared policies adopted by South Africa's National Prosecution Authority in 2005 to be unconstitutional, endorsing arguments made in the legal challenge by relatives of victims of apartheid-era crimes, as well as ICTJ and two other civil society organizations.

"The court's decision is a triumph for the families of the victims," said Comfort Ero, director of ICTJ's Cape Town office. "It is also a testimony to the use of law and the partnership of human rights practitioners, NGOs under the guidance and leadership of the victims and the victim's movement themselves."

ICTJ and its partners launched their court challenge in 2007, arguing that the policy allowed perpetrators of apartheid-era crimes to seek indemnity from prosecution. ICTJ and its partners argued that the process in effect gave perpetrators a second chance at the amnesty offered through South Africa's Truth and Reconciliation Commission, even if they had earlier shunned the TRC or had their requests for amnesty rejected.

The second-chance amnesty proceedings would have been largely private, victims would not have been guaranteed access to the findings and the decisions would have been made administratively rather than by a judicial body. Prosecutors could have decided not to bring charges even in circumstances where there was adequate evidence to justify a prosecution. ICTJ argued that the new policy would have undermined the integrity of the TRC process as well as the rule of law.

"Prosecutors should now take action," Ero said. "There is no longer any impediment standing in the way of vigorous prosecutions of those responsible for human rights atrocities."

Background

The TRC had given a list of more than 300 names to the National Prosecuting Authority for further investigation and prosecution. These were cases where the TRC felt there were grounds for possible prosecution, and where the suspected perpetrators did not apply for amnesty or were refused amnesty. The four victims who participated in the court challenge represented cases where the state had evidence to pursue prosecution, but had failed to act. Subsequent to the TRC process only a handful of prosecutions have been taken forward.

About ICTJ

The International Center for Transitional Justice (ICTJ) assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved.

To learn more about the ICTJ, please visit www.ictj.org

Contact

Comfort Ero

Director ICTJ South Africa Office

International Center for Transitional Justice

Tel: +27 (0) 21 674 0448

comfortero@ictj.org.za

 

Stephen Boykewich

ICTJ Communications Associate

Tel: +1 917 637 3847

Mob: +1 917 602 0084

sboykewich@ictj.org