Special Committee Against Calls for International Investigation of Police Brutality and Deaths of Political Prisoners in Dentention in

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Alternative title Notes and Documents - United Nations Centre Against ApartheidNo. 3/77 Author/Creator United Nations Centre against Apartheid Publisher United Nations, New York Date 1977-02-00 Resource type Reports Language English Subject Coverage (spatial) South Africa Coverage (temporal) 1976 Source Northwestern University Libraries Description Text of letter dated 4 February 1977 from the Acting Chairman of the Special Committee to the Secretary-General of the United Nations. Format extent 8 page(s) (length/size)

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http://www.aluka.org NOTES AND DOCUMENTS*

NOTES AND DOCUMENTS* February 1977 SPECIAL COWITTEE AGAINST APARTHEID CALLS FOR INTERNATIONAL INVESTIGATION OF POLICE BRUTALITY AND DEATHS OF POLITICAL PRISONERS IN DETENTION IN SOUTH AFRICA Text of letter dated 4 February 1977 from the Acting Chairman of the Special Committee to the Secretary-General of the United Nations No. 3/77 * All material in these notes and documents may be freely reprinted. Acknowledgement, together with a copy of the publication containing the reprint, would be appreciated. 77-02778

*arENCI. Po 230 SOAF (2-2-1) Sir, The Special Committee against Apartheid has been gravely concerned over the unceasing acts of brutality by the aoartheid regime in South Africa, and its police forces, especially since the massacre of schoolchildren in Soweto on 16 June 1976, in a vain attempt to suppress the national upsurge of the oppressed people against the criminal policy of apartheid. Even according to information provided by the apartheid regime and the South African press, over 400 black people have been killed by the police since 16 June 1976. Thousands of persons have been injured and several thousand imprisoned. Numerous personsincluding hhildren - have been sentenced by racist courts to long terms of imprisonment and flogging. Even an 8-year-old African child was sentenced, in Port Elizabeth on 16 September 1976, to five cuts on the charge of attending an illegal gathering. The Minister of Police and Justice of the apartheid regime, Mr. J. Kruger, said in a recent interview that a number of Africans, allegedly belonging to the African National Congress of South Africa, had been arrested in recent swoops throughout the country. He said that no less than 52 trials would take place in various regions of the country under the notorious Terrorism Act of 1967 which has been condemned by the United Nations and the international community as violating all canons of the rule of law. The regime is now proceeding to enact new legislation to enable it to exercise wartime powers to suppress popular resistance to apartheid. It has persecuted a number of journalists in order to prevent the publication of police atrocities in the African to.inships, and intends to enforce new restrictions on the press. H.E. Mr. Kurt Waldheim Secretary-General United Nations New York, New York 4 February 1977

-2- The Special Committee recalls that, in its report to the thirty-first session of the General Assembly - Official Records of the General Assembly, Thirty-first Session, Supplement io. 22, Vol. II (A 51/22iAdd.1) - it had pointed out that the South African police had resorted to massive and indiscriminate violence to suppress the resistance, and gave examples of police brutality. Despite widespread demands in South Africa, the regime has failed to restrain the police and refused to set up a judicial enquiry. Instead, it has proceeded to commend the police for their actions. The Special Committee is alarmed at numerous reports of torture of political prisoners, which have come to light in recent trials, and at the death of a number of patriots who have been detained incommunicado at the mercy of the Security Police. Fourteen political detainees are known to have died in custody in the past year and some particulars on them are enclosed with this letter. The Special Committee considers it imperative that the United Nations and the international community must take speedy and effective action to stop these crimes in South Africa and punish the perpetrators. It considers it essential that the Commission on Human Rights should urgently consider the matter and take steps for a thorough international investigation of all available information concerning the crimes of the apartheid regime and the organizations and individuals responsible for those crimes, with special reference to police brutality against unarmed demonstrators and all opponents of apartheid since the Soweto massacre, and the torture and killing of patriots in prisons and police custody. It would suggest that the Commission should issue a special appeal to all Member States, which have not yet done so, to accede to the International Convention for the Suppression and Punishment of the Crime of Apartheid, and effectively implement it. The Special Committee has requested and authorized its Chairman to make a statement before the Commission on Human Rights on this matter or to depute a representative for that purpose.

-3 I would be grateful if you would be kind enough to transmit this letter to the Commission on Human Rights for its urgent attention. Accept, Sir, the assurances of my highest consideration. Vladimir N. Martynenko Acting Chairman Special Committee against Apartheid

- 4 - DEATHS OF DETAINEES IN SOUTH AFRICA SINCE MARCH 1976 Mr. Mosobiya Joseph Mdluli Mr. Mosobiya Joseph Mdluli, 51, a member of the African National Congress, was arrested in Durban on 18 March 1976 and detained under the Terrorism Act. He was found dead in his cell on 19 March. His widow told the press that he had been in perfect health when he had been arrested. She went to the mortuary, after having been informed of his death, to identify his body, but was refused permission to see him. When she was eventually allowed to see the body, after two days, she found that it was badly bruised, cut and swollen. She said: "A severe swelling stretched across his forehead, his lower lip was bruised and cut, and his stomach was dilated to twice its normal size. I lifted his head and saw two criss-cross cuts at the base of his skull near the back of his left ear. Watery substance was oozing from the wounds which measured from 3 cm to 5 cm." On 13 May 1976, the African National Congress released to the press in London photographs of Mr. Mdluli, showing signs of torture. Mr. Mlungifi Mxenge, the family's attorney, also told the press that Mr. Mdluli had been in sound health before his death. The Security Police arrested Mr. Mxenge on 24 March. The passport of Mr. T. K. Skweyiya, the advocate instructed by Mr. Mxenge, was confiscated. On 11 June, the Minister of Justice, Mr. Jimmy Kruger, told the House of Assembly that no inquest would be held on the death of Mr. Mdluli as the Attorney-General of Natal had decided to charge four police officers vith culpable homicide. The four officers were charged in Durban on 17 June but were subsequently acquitted. The judge, however, called for a full investigation to establish the cause of Mr. Mdluli's death.

-5- Mr. Mapetla Mohapi Mr. Mapetla Mohapi, 25, a leader of the "black consciousness movement" and a father of two small children, died on 5 August 1976, while in detention near East London. The government alleged suicide. A former official of the South African Students Organization and the Black People's Convention, Mr. Mohapi was then an administrator for the Zimele Trust Fund which assists in the rehabilitation of former political prisoners. Father Aelred Stubbs, a member of the Community of Resurrection at Rosettenville, who had known -Mr. Mohapi, described him as "the most outstanding of the younger generation of black consciousness leaders." Both doctors representing Mrs. Mohapi at the post-mortem were detained in the next few days. The Chairman of the Zimele Trust Fund, Mr. Master Tembeni, who called for an investigation of the death, was also detained. Mr. Luke Mazwembe Mr. Luke Mazwembe, 32, died in Cape Town on 3 September 1976, only two hours after he had been detained. Police said he hanged himself. He had been a member of the South African Students Organization. Mr. Dumisani Mbatha Mr. Dumisani Mbatha, 16, a Soweto student, died 25 September 1976. He had been detained on 16 September. Police said he had complained of illness and had died in the Far East Rand Hospital. Mr. Fennel Mogatusi Mr. Fennel Mogatusi, 22, a Soweto student, was arrested in July 1976 and died in detention in Johannesburg on 28 September. The Prison Department said he had died of natural causes after suffering an epileptic fit. Mr. Zungwane Jacob Mashabane Mr. Jacob Mashabane, 22, a University of Zululand student from Soweto, died in detention in Johannesburg on 5 October. Relatives of Mr. Mashabane had not even been aware that he had been detained: he had disappeared after leaving home on 1 October. It was alleged that he had hanged himself in prison. Over 5,000 persons attended his funeral on 24 October: police opened fire without warning, killing 7 persons and injuring 51 others.

-6- Mr. Edward Mzolo Mr. Edward Mzolo, h0, was detained in Johannesburg on 1 October 1976 and died eight days later. Mr. William Tshwane Mr. William Tshwane, a Soweto student, was arrested on 25 June 1976. His father was informed on 1h October that he had died in prison on the day of his arrest. The family's lawyers were told that the body had already been buried and could not be returned. Mr. Ernest Mamasila Mr. Ernest Mamasila, 35, died in prison at Brakpan on 18 November 1976. He had been detained when he reported to police after hearing that they had been looking for him. It was alleged that he had hanged himself. Mr. Wellington Tshazibane South African police disclosed on 11 December 1976 that Mr. Wellington Tshazibane, 30, had died at the police headquarters in Johannesburg: they alleged that he had hanged himself. Mr. Tshazibane, educated at Oxford University, was a mining engineer. He had been detained on 9 December as he got off a flight from Lesotho where he had been working in a diamond mine. Mr. George Botha Mr. George Both, 30, a Port Elizabeth Coloured schoolteacher, died in detention on 15 December 1976, five days after being detained. Police said he had died after jumping six floors domn a stairwell.

-7- Dr. Nabaoth Ntshuntsha Dr. Nabaoth Ntshuntsha, 40, of Soweto, died in a police cell in Leslie on 9 January 1977. He had been detained on 14 December 1976. He was said by police to have hanged himself. An independent pathol6gist commissioned by the family to perform a post-mortem, refused when he found incisions had already been performed on the body by mortuary staff. Mr-. Lawrence Ndzanga Mr. Lawrence Ndzanga, 52, a well-known trade union leader, died in detention in the Johannesburg Fort on 8 January 1977. He had been detained in November 1976. Police alleged that he had collapsed and died suddenly. His wife, Rita, was also detained under the Terrorism Act, and is awaiting trial. Mr. Elmon Malele Mr. Elmon Malele, a member of the African National Congress, died on 20 January 1977 at a nursing home in Johannesburg while in detention. le had been detained about 10 January: police said he had suffered a stroke. Post-mortem was performed on 21 January, but the family was not informed and was unable to arrange for the presence of a private pathologist. In addition, two prisoners died in detention in the bantustan of Transkei. Mr. T. Mosala, detained on 31 August 1976 was found dead in the Butterworth prison on 30 November. A post-mortem established that his death was the result of an internal haemorrhage, allegedly caused by a gastric ulcer. No independent pathologist was present at the post-mortem. Mr. Mosala was a leader of the Sotho minority in the Transkei, which had been strongly opposed to the so-called "independence" of the Transkei. Mr. Joyi Twasifene, detained in Umtata, also died in prison (date not available).