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The face o f a torturer - Lieutenant Steven Whitehead, chief interrogator o f Dr Neil Aggett the generality of the practitioners and The Minister of Police appears to have reflected by the SAMDC, may be gathered decided that where medical and specialist from other cases. For example, a detainee treatment and care are considered to be (Dean T. Farisani) held under the Terrorism adequate then no access will be given to the Act on 19 October 1981 was taken to detainee’s own private doctor. (19) The hospital three times under police guard, new Internal Security Act accordingly twice for psychiatric treatment, being provides only for fortnightly visits by a returned to detention on 14 January 1982 district surgeon; apparently he is regarded and apin in February; and finally in as a sufficiently independent monitor of February again, with critical head injuries. a detainee’s condition despite the Biko (18) As far as can be determined, the scandal. medical staff involved have not considered The Minister has rejected for “security that the matter is of further interest or reasons” a request that detainees should be significance. .. seen by an independent panel of doctors or The doctors in cases such as Farisani’s doctors of their own choice: (20) may well <~1aim not to have known of torture The Federal Chairman of MASA, and he may not have been tortured. What is Professor Guy de Klerk (21) announced disturbing is that there is no evidence that that MASA was prepared to set up an they were at all concerned or that the matter independent panel of doctors to see was investigated by their professional detainees. This was in response to the association. demand by the Detainees’ Parents’ Support Committee that detainees should be teen with the view taken by the SAMDC and by a panel appointed by themselves. He said MASA as explained above. This appears to that such a panel would be as suspect as have affected also the decision in the inquest one appointed by the State; in his view, held into the death of another detainee, only MASA could be trusted as it “stands Moufhe, who died in December 1980 above suspicion". (22) Two comments seem after 112 days in detention. The magistrate to be called for. First, MASA seems to be held thafhe could not find anyone to blame; trying to run with the hare and hunt with he apparently agreed with the allegation die hounds simultaneously; and secondly, that the dead man had killed himself by it seems clear that a deep mistrust now exists joining his pair of socks, tying them round within the medical profession in South his neck, and tying the other end to the Africa over the security laws. window and then, lying down on the floor Nothing illustrates the point more while so tied, he had covered himself with clearly than the case of Motaung, recently a blanket and by using the left- arm to sentenced to death for treason. While being exert pressure he had caused his own death arrested, he told the court, he was shot in by strangulation. (24) the hip by a policeman who then pulled him Where the defence alleged that a up and shot him again in the genitals. He detainee called as a witness for the State had said that he was then told that he would be been so severely assaulted that he lost an taken to hospital only when he produced eye, the court does not appear to have seen the guns the police were seeking, although' any need to investigate the matter further. he was bleeding and in pain. He was In this case, another detainee called to examined the same day by a district surgeon. give evidence for the prosecution said he Dr. MS. Snyman. She testified that she had had cooperated with the police because been told that Motaung was a “terrorist who he was ‘petrified’ of them, and described had to do important things”. Accordingly an assault on another detainee. (25) she certified that he was fit to help the police and gave him “painkilling tablets” Understanding the Doctors but no other treatment. She told the court MASA and the SAMDC simply reflect that she considered that it was more accepted perspectives, and it would be important for him to assist the police than extraordinary if the medical implications to undergo immediate medical treatment. of the legislation discussed above would Motaung- was taken to hospital two days prompt its. rejection. This would require later. the bodies concerned to react to the political He was operated on and kept for eight days. implications of what the medical profession (23) is required to do. Moreover, many There is evidence that the police have practitioners — and not only those dealing confidence in the doctors whom they call with detainees — are regime supporters who on to examine detainees, and that where would in any event argue strenuously that injuries are noted the doctors will accept the laws are necessary. police explanations. This confidence extends to general practitioners. The entire basis on which the security Magistrates have also acknowledged the legislation functions creates an assumption need for full cooperation from doctors. on the part of the public that a person The decision in the Biko case, that the detained, questioned, tried or otherwise available evidence did not prove that death adversely affected is involved in subversive ~ was brought about by an act or omission violence. involving an offence by any person, reflects The fact that a person has been jg this. Any other verdict would have clashed detained itself points to a criminal involve­ I . ■ ment. The legislation makes It dear that put pressure on detainees to answer only thoae considered by the police to be questions. Involved in security offences may be In addition to simple assaults, much of detained and it is ‘natural’ for such persons the evidence of torture refers to methods to be treated as guilty for all purposes. that leave no visible marks — e.g. continuous There is little prospect of their being interrogation for days and nights, with believed when they make allegations of sleep deprivation; "statue” torture; humilia­ torture, because from the very outset they tion and intimidation; hooding; appear to have an interest in lying. Other psychological assault (false reports of problems of credibility are shown by the A»\th or illness of relatives or friends, or case of Bentley, mentioned earlier, where threats of indefinite and solitary confine­ the defendant told the court that he had ment); partial suffocation; subjection to not told the doctor or magistrate who extreme noise; and alternate immersions of visited him eadier how he had been injured the feet in hot and icy water. Where injuries because he feared that this information are sustained, protracted periods in isolation would be given to the police, who would are said to follow until visible signs have continue to assault him. As we have seen, healed. In addition, statements made to the doctor confirmed the defendant’s magistrates visiting detainees, which may be fears only too clearly. evidence of torture, are transmitted to the Moreover, it must be remembered that police, while detainees are not permitted the police have sole responsibility for to have copies of the reports on visits made . investigating allegations against themselves. by magistrates. They may however have The system is one which is geared to a copy'of a doctor’s report. manufacture guilt, and the medical It should be remembered that by law profession is an integral part of this detainees are not permitted to have access structure. There is a remarkable paradox to to lawyers. Attempts have been made to be taken into account: the rhetoric used is silence witnesses to torture by detaining ... that of a fair trial, the right to present a them or - as in the case of the inquest into defence, and the freedom from improper the death of Dr. Neil Aggett eariier last pressure from the State to confess; yet year — by a banning order. In this case, the massive volume of evidence pointing a person detained with Dr. Aggett swore an to the violation of these rights and raising affidavit which he gave to lawyers for questions of involvement by the medical Dr. Aggett’s family describing how Dr. profession is not even investigated by it, Aggett had been tortured in his presence not and in practice the system is designed to long before his death. In addition, steps have reject such allegations. been taken to prevent the inquest from For there to be any point to detention hearing a statement made by Dr. Aggett for interrogation, questions must be h.m«»if describing electric shock treatment, answered. It is ludicrous to propose that no ' by seeking a ruling that the statement is pressure may be exerted on detainees to inadmissible. induce them to cooperate, especially when The ethical duties of a doctor require the State emphasises 'how important a him to note, record, and treat injuries. confession in a criminal trial is by providing No matter how suspicious he may be as to that, unless the contrary is proved, it is to their origin there is, on the evidence, no be presumed to have been freely and rh»nr* that the court will believe that they voluntarily made and is sufficient evidence were caused by torture of’the detainee who by itself for a conviction. This is one of the now challenges the confession allegedly x essential reasons for interrogation. The made by him. In any event, as the Biko and police must, and invariably do, deny having other cases considered illustrate, no action 19 by the doctor must interfere with the opera­ r rpous drefe-i tmufefencS-' «n<£ tion of the security legislation.

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