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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATION HEARINGS

Starting Date 19 June 1996

Location GEORGE

Day 2

Case Number CT/06105

Victim SHEDRAK K CLAASEN

Testimony SHEDRAK K CLAASEN

Nature TORTURED BY POLICE

DR RAMASHALA

Mr Claasen do you wish to take the oath - would you stand please.

SHEDRAK KHOLISILE CLAASEN Duly sworn states

DR RAMASHALA

Chairperson Ms Joyce Seroke will facilitate the witness testimony.

MS BURTON

Thank you.

MS SEROKE

Good afternoon Mr Claasen - whom are you with?

MR CLAASEN

This is my sister.

MS SEROKE

We welcome you in this Commission. Shedrak Kholisile on 7th May 1986, you were taken by the policemen accusing you of burning down a bus and they took you to the police station in Da Gamaskop. We would like you short and brief to tell us what happened - what happened to you when they take you to this Da Gamaskop, thank you very much.

MR CLAASEN

On 7 - 1986 it was about 5am - I was at home in JCC’s Camp Location. I was still in bed then, I heard a knock on the door, I didn’t hear a sign of a car or what - a sound or something - the knock insisted and my father went to open the door. When he opened the door, it was Captain Neil Calitz on the door, Sergeant Maritz was with him and Sergeant October.

They asked my father if - does he have a young man or son - he tried to deny but they searched the house and they found me and shot, they grabbed me and put me in a hurry to put on my clothes - I clothes myself after I finished, they said they are taking me, I asked them where are we off to, and they said you have no right to ask any question, just hurry up and get your clothes on.

After I finished clothing myself we went on. We drive in a white Opel Record, Captain Calitz was the driver, they drove to Da Gamaskop police station, that is a police station near the JCC’s Camp Location. When we arrived there, they take me into a office by now detectives of Da Gamaskop are waiting there.

On the way to Da Gamaskop I have noticed that many policeman have surrounded the location. While we were there in the police station they said I must tell only the truth and tell them who burnt down the busses of police - Port Elizabeth and who also assaulted and tortured the driver.

I told them I know nothing about that, they started there to torture me. He was the one, Captain Calitz who started to beat me - to kick me by his police boot. The way he kicked me it was not likely, I fell down, I tried to stand up again and I asked him what did I do, he said he doesn’t take any argument with a kaffir communist. I was still as shocked and amazed and the two captains also come they beat me up, mercilessly - they were kicking me with their big boots, saying I am one of the leaders in JCC Kamp, I am also one of the rivals and the one to help with deformation of the organisations like United Democratic Front.

I tried to deny it, but seemingly I was making them to beat me more, after that they left me. But there was a sound - I heard that there was sound of people because it was noisy and people were singing. After they have left me, October came back and Captain Calitz, Maritz was also with them. The tortured me again.

After that they left me there, they said I am going to sleep there, they will leave me there for a while. I slept there for three days, on the 3rd day early in the morning, Maritz came, he was with October, they were there to fetch me - taking me to Mossel Bay police station. When we arrived at that police station, that’s where the exact torture started, accusing me of burning down the Port Elizabeth bus and I am the leader of the communist in the JCC camp.

I denied that of - I denied everything they were accusing me of, they took my penis, they take me closer to a table that had a drawer on top of that table there was a file, it was written Captain Neil Calitz. They shifte my - the drawer with my penis inside and they put it - the drawer, they closed the drawer. I had to cry and I cried and I said baas I’ll tell the truth.

After they released me, I denied, I tried to deny the accusations again and Captain Calitz says you’ll know me today, as from today onwards, I will take the roots of the commmunist out of your mind. They tried to torture me, they were beating me by the batons. It was was Maritz and October, Captain Calitz came behind my back and he beat me with the back of his gun on my head. If I can turn my head you will see the mark is still on my head the scar, I bled and I was dizzy, I fell down.

Even so I asked him what was he exactly doing - can he answer in the Court of Law if I can lay a charge against him. What he was show off the [indistinct] told me, he want to make and down with a kaffir and he pointed at me with a gun after he hit me badly.

What I was waiting for him is to let my brains off with that gun, he tortured me enough and he let me stayed in the Mossel Bay police station. I asked him to take me to the hospital, and he said a communist can’t get treatment, they only thing he usually do - did is to bring me a Panado and something that had a red colour to put on my scar.

When he sees that there was nothing that have beaten - showed that they have beaten me, although my penis have bled a little while, hopefully this pills were helping me.

After that, seeing that I am getting better, Sergeant Maritz again start opening a docket for me saying that I tortured a PE bus driver. After that he take me to Mossel Bay prision. After opening the document, I stayed there in the Mossel Bay prison without any bail, they couldn’t grant me any bail. I was from the cells to the Court and then back to the cells again for six months that was happening to me.

I also heard Comrades who were also with me, but they were arrested after me. They were in a place called [indistinct] it’s a place in a court where the jail people were use to be kept the prisioners were used to be kept when they are going to stand against. He said your co-accused are also in this matter that you did, I told him that I know nothing about what you are telling me. You know - you the torturers. And I asked my co-accused is it really the same thing that you are accused of and they said yes. But they also said they know nothing about it.

I was going - I was attending the Court cases, they were swearing at me, it was Sergeant Maritz, he was saying words about my mother, rude words, whom I can’t even say in front of the Commission, that’s why my heart is so broken.

Because Maritz said to me - we arrived late at your place, we were suppose to be there earlier than the time we arrived so that we can take you next to [indistinct] and killed you there, because you are the one who’s given the influence to the other, you in JCC Camp. Amongst my colleagues one of - I can point is not here Richard Ndou is one of them, he was my co-accused but I met him after I was tortured. The case took about six months and they said, they found me not guilty because we had lawyers [indistinct] for us.

Fortunately I was released from those perpetrators.

MS SEROKE

You said during the time they were arriving at your home, these three men they didn’t mention you by your name, they just asked for the son to....[intervention]

MR CLAASEN

They didn’t mention any name, they just asked my father is there any young man in here and my father denied and they checked for themselves and they found me in my bedroom, I was still in bed then, that’s where they rush me - let me cloth myself, it was not a nice situation when they take me out of the home. They asked my name while I was in the car.

MS SEROKE

Do you think they were just [indistinct] around not knowing whom they were looking for.

MR CLAASEN

Yes that’s what I can say, because they were just grabbing anyone because they - after I told them my name, they asked me my nickname.

MS SEROKE

Were you one of the party members during the years of struggle?

MR CLAASEN

Yes I was one of the members of the UDF. I was involved in the struggle, but I had no position I was just a supporter and a member.

MS SEROKE

What was happening in your area that was showing any oppression and showing that you were fighting that?

MR CLAASEN

[No audible answer]

MS SEROKE

What is happening then about the PE bus?

MR CLAASEN

I was not there during the burnt down of the PE bus, I just heard about it, but I was not present at that moment. I was in the struggle because I wanted to get free, because the boers were torturing us like anything, they just chased us without any reason, because anyone knows about the South African oppression.

MS SEROKE

After they had taken you to Da Gamaskop and then they took you to Mossel Bay they tortured you more - they tortured you more and in your statement here you say this torture was more severe than before and there were more of them this time, there were no longer three now.

MR CLAASEN

When I got to Mossel Bay after three days at Da Gamaskop the torturing was more severe than at Da Gamaskop because here at Mossel Bay, that’s where they stuck my penis and that’s where I got the cut behind me head from Sergeant Calitz, that is why I say it was more severe because they never did before.

MS SEROKE

Whilst they were detaining you in this six months, was the torture going on or did they stop torturing when you were attending court.

MR CLAASEN

When I was attending Court, there were no longer torturing now, because we now under the care of the Prison Authorities and they had no access to me they didn’t have authority to take me from prison, because the torturing took place whilst I was still detained in police station.

MS SEROKE

Who were the lawyers that were representing you?

MR CLAASEN

I can’t remember them but one of the - if I remember very well his surname was Abercrombie, Abercrombie, but there is a colleague of mine who will remember these names, but I can only remember this one.

MS SEROKE

We would be very happy if those names are remembered by your friend and then we would like to have them. Now you say the extend of your injuries resulted in your bleeding through the ears and you couldn’t hear properly, what is the state of your ears now.

MR CLAASEN

The pain is not that much now in my ears, but what I am experiencing now is deafness, I don’t hear properly when someone is not speaking aloud, I think it is due to that kicking and the hitting, that’s what....[intervention]

MS SEROKE

And your genitals is there any indication of a damage that was done?

MR CLAASEN

I didn’t have money to go to the doctor but I use to go to the daily clinics but that’s - and I was paying R8-00 every day, but the pain still come back now and again, but then the daily clinic helped me. But I can’t really say whether the healing was complete or not, because I never went to a doctor to examine me, because I always go the clinic doctors - I meet this one today - the next day I meet another one.

MS SEROKE

[indistinct] there is a trend in the three - two cases we have heard today, in the manner in which the torture was commited, it’s the same method of the genitals put and pressed, and it’s by the same person Maritz and Calitz and what - and Calitz and October.

Do you have any children - do you have any children?

MR CLAASEN

Yes I do have children.

MS SEROKE

How many?

MR CLAASEN

I have now three children. But when I had - I already had the daughter because she was born in February ’86.

MS SEROKE

Do you work?

MR CLAASEN

No I don’t work.

MR CLAASEN

Since you left you never worked.

MR CLAASEN

Yes I once worked at Barons in cycle shop, but now I left this place and I am not working I depend on my sister, my father and the mother of my children.

MR CLAASEN

How old are the children?

MR CLAASEN

The first one is 10 - full 10 years. The second one is in Sub A now, Mfundo is 6 years, and then the third one, the youngest one Dinki is 3 years now.

MS SEROKE

And Maritz and Calitz and October - do you ever see them now, have you ever met them since>

MR CLAASEN

Maritz and Calitz and October I see them daily, Calitz he is - he is fishing now he is retired as a policeman, he has got some fishing boat, he is a fisherman, Maritz works as Mossgas as a security officer and October is still in the Law Enforcement, but I don’t know which unit he is in. This torturers are not people from outside Mossel Bay, they are Mossel Bay residents. You see them almost every day, because they belong to that place and they were working amongst the people and they have their homes well established here in Mossel Bay.

MS SEROKE

Thank you.

DR RAMASHALA

Mr Claasen the Sergeant Maritz, Captain Calitz and Sergeant October - what goes through your mind?

MR CLAASEN

When I am seeing Maritz and Calitz let’s say the three of them my mind - it is as if - I am absent minded, if this day couldn’t come that the day of the truth and reconciliation, let me say the truth, I told myself that I will revenge any help that I was going to revenge.

DR RAMASHALA

What would you like the Commission to do?

MR CLAASEN

As you said this is the Commission of Truth and Reconciliation, if they could come forward and admit what they did and they know what they did, come forward and tell everybody what they did to people, maybe there will be reconciliation. But the cost - what we suffered of psychologically and my sisters up to the mother of my children, the cost that paid I would love if there is something that can be done by the Commission.

MS BURTON

Thank you very much Mr Claasen, we too share your hope that people will come forward and admit and take responsibility for what they did, so that we can begin to take steps towards reconciliation. And we have taken note of what you have suffered and experienced and we will see how it is possible for us to help you, thank you very much for coming forward this afternoon.

We will now take a short break and reconvene in twenty minutes time.

MEETING ADJOURNS ON RESUMPTION

 
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