hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-06-10 KIMBERLEY 1 https://sabctrc.saha.org.za/hearing.php?id=55384&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/kimber/ct04106.htm CASE NO: CT/04106 VICTIM: NZIMENI PATRICK BOSMAN VIOLATION: TORTURE BY POLICE AND UNLAWFULLY ARRESTED TESTIMONY BY: NZIMENI PATRICK BOSMAN NZIMENI PATRICK BOSMAN Duly sworn states DR BORAINE Thank you very much, will you please be seated. Mr Bosman you are a young man and you have suffered a great deal. We are very grateful that you have come, we hope you will feel comfortable and relaxed as you tell your story. And to assist you to do that, my colleague Glenda Wildschut will now take over from me, thank you. MS WILDSCHUT MR BOSMAN XHOSA - NO TRANSLATION MS WILDSCHUT Patrick - Patrick just take your time and tell your story slowly, okay. MR BOSMAN XHOSA - NO TRANSLATION MS WILDSCHUT Patrick you are talking about at the time when you were in the police station and you were beaten and tortured in the police station. Your shoulder was broken, is that right? MR BOSMAN XHOSA - NO TRANSLATION MS WILDSCHUT Did you ever receive any medical treatment for your broken shoulder at that time when you were beaten? MR BOSMAN XHOSA - NO TRANSLATION MS WILDSCHUT Are you all right to continue now, Patrick? MR BOSMAN XHOSA - NO TRANSLATION MS WILDSCHUT Patrick have you ever worked since that incident? MR BOSMAN XHOSA - NO TRANSLATION MS WILDSCHUT MR BOSMAN XHOSA - NO TRANSLATION MS WILDSCHUT This passing out that happens to you, does it happen [indistinct] MR BOSMAN XHOSA - NO TRANSLATION MS WILDSCHUT So talking now is quite difficult for you, Patrick? MR BOSMAN XHOSA - NO TRANSLATION MS WILDSCHUT CHAIRPERSON [indistinct] Dr Boraine? DR BORAINE MR BOSMAN XHOSA - NO TRANSLATION DR BORAINE So at the moment you are not receiving any treatment at all? MR BOSMAN XHOSA - NO TRANSLATION DR BORAINE Thank you, when you left the hospital after you were assaulted and you spent about 2 - 3 days in the hospital, you laid a charge of assault at the Kuruman Police Station. What has happened about that? MR BOSMAN XHOSA - NO TRANSLATION DR BORAINE Can you remember ever been called to attend an identity parade so that you could point out who hurt you so badly? MR BOSMAN XHOSA - NO TRANSLATION DR BORAINE MR BOSMAN XHOSA - NO TRANSLATION DR BORAINE Are any of these still in the Police Force - are any of the people who hurt you still working for the police? MR BOSMAN XHOSA - NO TRANSLATION DR BORAINE Thank you very much Patrick. MS WILDSCHUT MR BOSMAN XHOSA - NO TRANSLATION CHAIRPERSON XHOSA - NO TRANSLATION [THIS FOLLOWS ON TAPE 2] MR BOSMAN CHAIRPERSON MR BOSMAN Thank you very much. STATEMENT - NZIMENI PATRICK BOSMAN I, Nzimeni Patrick Bosman was in town to support the consumer boycott that was launched on 4th and 5th March in response to the refusal of permission for a march. It was during November 1991. I was standing next to the bus terminus holding a consumer boycott pamphlet. At that stage there were people drinking beer and I only informed them about the action. When one of them saw the police he approached me and argued with me. The police intervened and arrested me. They beat me and took me to the police station. I broke my right shoulder due to the torture. I was later released. I was again arrested near to Shoprite. The Monday I went to Court because the police claimed that I stabbed the person who was arguing with me. This man denied the statement made by the police. The case was postponed to 27 November 1991. I went to the court hearing. There I was found not guilty by the Magistrate Poolman of the Kuruman District Court. Due to the fact that my shoulder was broken I could not even eat because of the pain. I was kicked and made a punching bag. Nothing happened to the police because of the assault on me. Up until now I have not heard whether the police were sentenced. REPORT BY MARK KILLIAN - DATED 4TH JUNE 1996 The complainant in the above-mentioned case will testify that on the 30th November 1991 he participated in the consumer boycott that was held in the Kuruman district. Complainant read aloud the pamphlet that was issued by the ANC for the people not to buy anything in town. Whilst reading the pamphlet aloud to the people that was standing or listening to the complainant the complainant was confronted by four unknown black males and without any reason he was assaulted by these males for orchestrating or being part of a consumer boycott in the town. Whilst the complainant was being assaulted the policeman arrived and took the complainant as well as the four black males to the Kuruman police station. When they arrived at the Kuruman police station the complainant was once again assaulted by the policeman who brought him to the police station. The complainant was also later assaulted by the four males in the police station. Complainant will further state that he was taken to a room where the white policeman requested the Coloured constable to take his fingerprints. While his fingerprints were being taken he was once again assaulted by the Coloured policeman. Complainant will also testify that he was hit with the butt of a rifle all over his body, that he was kicked and hit with a fist. After complainant had left the hospital he laid a charge of assault at the Kuruman police station. Kuruman case docket no CR7/12/91 refers. According to the complainant nothing ever materialised of the case he made at the Kuruman police station. Kuruman police station was visited and the following documentation were retrieved.