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South Africa is on the verge of officially criminalising torture. While this is an important step, organisations assisting survivors of torture are very concerned that the legislation does not provide adequately for redress to torture victims.

The new law leaves huge gaps when it comes to the needs of torture survivors: Who is responsible for responding to the physical, psychological and material effects of their violations? Who ensures that these individuals can fully function in our society again after torture? How does the state guarantee that convicted

perpetrators do not torture again? Can survivors and their families be assured of the right to truth regarding the details of happened?
The Centre for the Study of Violence and Reconciliation (CSVR) has been involved in a campaign to ensure torture is criminalised in South Africa and that the legislation addresses the needs of victims. The adoption of the Prevention and Combating of Torture of Persons Bill, 2012 (‘the Bill’) by the Justice and Constitutional Affairs Parliamentary Portfolio Committee is a long awaited and welcome development. However, the Bill in its current form does not sufficiently address the responsibility of the state to provide and ensure redress for victims and survivors of torture.

Redress for torture victims is more than just taking care of traumatised individuals. Research by CSVR and other organisations who work with survivors has demonstrated that these processes are critical to prevention efforts through halting the spiral of violence and building a social consensus on eradicating such abuses.

The National Assembly will be considering the Bill during its plenary session on Wednesday 14 November 2012. We appeal to the National Assembly and other law making institutions of South Africa to recognise the impact of torture on individuals and the South African society at large. Anti-torture legislation must have a holistic focus on redress which ensures that there is restitution for losses suffered by victims, there is guaranteed access to medical and psychological rehabilitation, victims and their families can claim their right to know the truth, there is public accountability, and the state has to provide guarantees that any repetition of such acts are prevented.
Our law makers are compelled to make such provisions in terms of our international legal obligations. Given our history, this commitment to the rights of victims and the urgency of steering a path towards a just and