From: hnaylor@igc.apc.org (Hilary Naylor)
Newsgroups: soc.rights.human
Subject: SOUTH AFRICA: concern re amnesty b
Date: 21 Nov 92 04:30:00 GMT
Nf-ID: #N:cdp:1476700812:000:3801
Nf-From: cdp.UUCP!hnaylor    Nov 20 20:30:00 1992


From: Hilary Naylor <hnaylor>
Subject: SOUTH AFRICA: concern re amnesty b

/* Written  8:27 pm  Nov 20, 1992 by hnaylor@igc.apc.org in igc:ai.general */
/* ---------- "SOUTH AFRICA: concern re amnesty b" ---------- */
Amnesty International
International Secretariat
1 Easton Street
London WC1X 8DJ
United Kingdom

DATE: 18 NOVEMBER 1992

SOUTH AFRICA: AMNESTY BILL OFFERING PROTECTION TO HUMAN RIGHTS VIOLATORS
SIGNED INTO LAW

Amnesty International is concerned that a new amnesty bill - forced through
parliament in October and signed into law by the South African government on
10 October - will mean that torturers and those responsible for political
killings will not be brought to justice.

      The new law has led to the setting up of a national indemnity council
which will meet behind closed doors to decide who should be granted indemnity
for politically-motivated crimes. Members of the council will be prohibited
from disclosing any evidence presented to them.

      "The government says that this law is essential for promoting
reconciliation and peaceful solutions," Amnesty International said. "Our
experience in many other countries is that when past human rights violations
are swept under the carpet, similar violations are invariably repeated."

      The South African Parliament, during a special sitting in October, had
rejected the bill, entitled the Further Indemnity Bill. However, the State
President De Klerk chose to resort to a rarely used "deadlock- breaking"
mechanism and referred the bill to the 60-member President's Council. The
President's Council has a built-in National Party majority and approved the
bill on 30 October.

      The Further Indemnity Act gives the State President the power to appoint
a National Council on Indemnity to consider applications for indemnity from
any person who has "advised, directed, commanded, ordered or performed...acts
with a political object". It defines politically-motivated acts in extremely
vague terms.      

      The State President has appointed two judges and a retired judge as
members of the council. Amnesty International is concerned that the State
President's absolute discretion in appointing the members of the council is
likely to bias the proceedings in favour of government agents seeking
indemnity. Furthermore, any person indemnified by the council will be immune
from future trial for the violations for which they have been indemnified.

      There are no guidelines or objective standards indicated in the Act for
the council to follow when investigating and deciding on cases.

      The government's decision to force through the bill was condemned across
the political spectrum in South Africa as a unilateral and autocratic measure
- apparently implemented under pressure from elements within the state
security forces. The bill was criticized for establishing a blanket amnesty
procedure designed to suppress the truth and absolve those guilty of torture
and other serious human rights violations of any legal liability.  

      Amnesty International believes that thorough and impartial
investigations into allegations of human rights violations must be made, the
results made public and those responsible for human rights violations brought
to justice. 

      "Although pardons may be granted after conviction in a court of law,
Amnesty International believes that national reconciliation can only be
achieved on the basis of truth and justice," said the organization.

      Amnesty International also believes that state officials, security force
members or others, including members of opposition organizations responsible
for torture and other grave abuses, must never be allowed to hold positions of
authority, in particular in relation to law enforcement or custody of
prisoners.