TRC Final Report

Volume 5

Chapter 6

Subsection 21

Gross violations of human rights committed by the ANC in exile

137 The Commission has studied the reports of the Stuart, Skweyiya, Sachs and Motsuenyane commissions of enquiry appointed by the ANC, as well as that of the Douglas Commission, into various forms of human rights abuse in exile. It also took evidence both from alleged victims of abuse in the camps and from those in positions of command or authority. The Commission has also heard evidence from the ANC on persons executed in exile for a variety of different offences.

ON THE BASIS OF THE EVIDENCE AVAILABLE TO IT, THE COMMISSION FINDS THAT THE ANC, AND PARTICULARLY ITS MILITARY STRUCTURES RESPONSIBLE FOR THE TREATMENT AND WELFARE OF THOSE IN ITS CAMPS, WERE GUILTY OF GROSS VIOLATIONS OF HUMAN RIGHTS IN CERTAIN CIRCUMSTANCES AND AGAINST TWO CATEGORIES OF INDIVIDUALS, NAMELY SUSPECTED ‘ENEMY AGENTS’ AND MUTINEERS.

THE COMMISSION FINDS THAT SUSPECTED ‘AGENTS’ WERE ROUTINELY SUBJECTED TO TORTURE AND OTHER FORMS OF SEVERE ILL TREATMENT AND THAT THERE WERE CASES OF SUCH INDIVIDUALS BEING CHARGED AND CONVICTED BY TRIBUNALS WITHOUT PROPER ATTENTION TO DUE PROCESS, SENTENCED TO DEATH AND EXECUTED. THE COMMISSION FINDS THAT THE HUMAN RIGHTS OF THE INDIVIDUALS SO AFFECTED WERE GROSSLY VIOLATED. LIKEWISE, THE COMMISSION FINDS THAT THE FAILURE TO COMMUNICATE PROPERLY WITH THE FAMILIES OF SUCH VICTIMS CONSTITUTED CALLOUS AND INSENSITIVE CONDUCT.

THE COMMISSION ALSO FINDS THAT ALL SO-CALLED MUTINEERS WHO WERE EXECUTED AFTER CONVICTION BY MILITARY TRIBUNAL, IRRESPECTIVE OF WHETHER THEY WERE AFFORDED PROPER LEGAL REPRESENTATION AND DUE PROCESS OR NOT, SUFFERED A GROSS VIOLATION OF THEIR HUMAN RIGHTS.

WITH REGARD TO ALLEGATIONS OF TORTURE AND SEVERE ILL TREATMENT, THE COMMISSION FINDS THAT ALTHOUGH TORTURE WAS NOT WITHIN ANC POLICY, THE SECURITY DEPARTMENT OF THE ANC ROUTINELY USED TORTURE TO EXTRACT INFORMATION AND CONFESSIONS FROM THOSE BEING HELD IN CAMPS, PARTICULARLY IN THE PERIOD 1979–89. THE COMMISSION HAS TAKEN NOTE OF THE VARIOUS FORMS OF TORTURE DETAILED BY THE MOTSUENYANE COMMISSION, NAMELY THE DELIBERATE INFLICTION OF PAIN, SEVERE ILL TREATMENT IN THE FORM OF DETENTION IN SOLITARY CONFINEMENT, AND THE DELIBERATE WITHHOLDING OF FOOD AND WATER AND/OR MEDICAL CARE, AND FINDS THAT THEY AMOUNTED TO GROSS VIOLATIONS OF HUMAN RIGHTS.

THE COMMISSION FURTHER FINDS THAT ADEQUATE STEPS WERE NOT TAKEN IN GOOD TIME AGAINST THOSE RESPONSIBLE FOR SUCH VIOLATIONS.