This thesis is dedicated to any person who has been subjected to torture and assault at the hands of the police. This historic conversation about police torture and assault has created a debate about what constitutes torture and what has caused this blunder to persist in police service.
Introduction
This dichotomy was an indication that an in-depth assessment of the extent of police torture and abuse was of paramount importance to understand the shape of policing in South Africa and to determine whether systematic use continues of brutality. In South Africa, the warning must be taken seriously as torture and abuse by police is becoming an essential part of the SAPS's modus operandi.
Background to and Context of the Study
In the presence of such concerted strategies to reduce the incidence of police violence, the remilitarization of the police service has exacerbated the problem of police torture and assault. The issue of police torture and assault was assessed through the eyes of IPID investigative officers responsible for investigating cases of torture and assault allegedly committed by members of the SAPS.
Problem Statement
The number of reported cases of torture and assault must be assessed in relation to the number of successful outcomes of these cases. A number of concerns have been raised about the IPID in relation to the handling of some reported cases of torture and assault.
Rationale for the Study
- A lack of scholarly literature that assessed the IPID
- Limited exploration of IPID investigating officers’ perceptions of and experiences
- The conflict between appropriate and excessive use of force
- Value of the study
However, many people do not know where to draw the line between appropriate use of force and excessive use of force. In cases where there have been criminal convictions, the fine line between reasonable force and excessive force has been central to the debate.
Aim and Objectives of the Study
Main arguments in terms of the research objectives
The first two primary objectives focused on the nature and causes of torture and assault. It was therefore important that this study recognized the circumstances that influenced the use of torture and assault by members of the SAPS.
Research Questions
Furthermore, before attempting to make suggestions for improving the IPID organization in dealing with cases of torture and ill-treatment, it was important to first assess the effectiveness of current strategies. It was argued that some strategies could be very effective, as evidence of positive aspects was found in terms of investigations into police torture and ill-treatment.
Significance of the Study
Research Methods
Structure of the Dissertation
The study was essentially qualitative in nature and approach, and these research elements and how they were applied are highlighted. Chapter five presents a detailed discussion of the data obtained through the interviews conducted with the study participants.
Summary
Chapter Four describes the scientific methodology used in this study to achieve the study's objectives and address the research questions. The data is analyzed and similarities and differences between the participants' responses are explored and explained using thematic analysis.
Introduction
Definition and Legislative Framework of Torture
- Declaration on the Protection of All Persons from Being Subjected to Torture and
- The United Nations Convention against Torture and Other Cruel, Inhuman, or
- South African’s obligations under international law to criminalise torture and other
- Prevention and Combating of Torture of Persons Act No. 13 of 2013
South Africa has a strong moral commitment to the idea of eliminating all forms of torture and cruel, inhuman and degrading treatment. In 2012, the Bill of Rights gave effect to the Republic's obligation in terms of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to provide for the offense of torture of persons.
Legislative Framework that Guides the SAPS and the IPID
This means that the police must take into account the way they fulfill the objectives of the law, and ensure that they do not violate the human rights of the people they serve. The Bill of Rights, which is enshrined in the Constitution of the Republic of South Africa (RSA, 1996), contains provisions that guarantee the rights of all individuals.
Legislative mandate of the Independent Police Investigative Directorate
It is therefore important to review the mandate of the SAPS in terms of apprehending suspects and obtaining evidence. Under Section 7(2) of the Constitution, the state is required to "respect, protect, promote and fulfill the rights contained in the Bill of Rights".
The Nature Torture and Assault under Police Custody
Torture
Parry claims that “the impulse to torture may arise from the torture victim's identification with a greater threat to social order or values.” Parry (2003) states that the purpose of torture may be to take money from the victim, or someone has given the police money to beat him/her, usually in revenge.
Conceptualization and the nature of assault
Grimaldi contends that the intent to inflict potentially intensified pain may be based on the police officer's desire to dominate the victim. These findings suggest that the use of various forms of assault has become an integral part of the modus operandi of the police in the performance of their duties.
Perpetrator-Centred Perspectives on Torture and Assault
In the case of using the latter forms, the police abuse their powers by using greater physical force and aggressive and violent methods, which are considered unauthorized. Balko (2006) explains that both less physical force and aggressive and violent ways of acting are evident in drug and firearms raids.
The Use of Torture and Assault in the Police Organisation: A Paradox
This ambiguity is clearly illustrated in Beek and Golfert's (2012) claim that “hitting a thief is undeniably expected in popular moral discourse, but prohibited and described as excessive in another – the official legal – discourse”. However, Beek and Golfert (2012) believe that this is caused by the low legitimacy of policing in most situations – not due to the use of force by the police, but to perceived corruption and a lack of impartiality.
Are Police Torture and Assault effective operational methods?
According to Grimaldi, the premise of torture lies in his justification; so when a police officer can justify his use of torture for punishment or confession, then it is not illegal or cannot be considered a crime. The argument is that if the torture system can be confirmed to be effective and provide valuable information, then it is a good method to use.
Citizens’ Characteristics that Influence Police Torture and Assault
These findings strongly suggest that cases of torture and assault occur not only on the streets, but also in police cells. Balko (2006:1) argues that, in cases of raids, "deliberate confusion and disorientation, forced entry [into premises or] homes and overwhelming display of force make [such] raids highly unstable".
The Influence of Police Culture on Torture and Assault by Police Officials
Violence as part of the job
However, the scale of that 'necessary violence' has often been uncontrollable, to the extent that many police actions have become criminal offenses due to their severity and impact on the public. In addition, Kappeler et al. 1998) note that the element of risk that is present in the police work environment unites police officers while at the same time separating them from the main source of risk, which is the public.
Ineffective supervision of and discipline among police officers
It is in this context that Paoline III (2003) argues that police culture develops and evolves as police officers deal with situations collectively. Scholars have noted that culture can also be used as a constructive tool in police reform (Crank, 1997; Skogan & Hartnett, 1977) and in regulating and preventing inappropriate police behavior (Goldsmith, 1990; Kappeler et al., 1998 ). .
The Principle of Police Accountability
Herbert argues that the police's coercive power both threatens and strengthens their legitimacy. Therefore, given that the police are the only agents in society legally assigned “the .
IPID’s Strategies to ensure Police Accountability
- System to file complaints against the police
- Sections 29 and 33 of the IPID mandate
- The investigation process dealing with complaints
- Recommendations for disciplinary and criminal investigations by IPID
Since IPID was established in 2012, more than 60% of the complaints received have been about assaults. However, the implementation of section 29 ensured that IPID would not experience the challenge of lack of cooperation from SAPS members.
Are SAPS Members Enjoying de facto Impunity?
A culture of impunity develops and is entrenched in police culture because police chiefs, prosecutors, and courts do not take adequate action against criminal or disciplinary violations committed by police officers. However, it remains a rare occurrence for officers to be prosecuted and convicted for assaulting and torturing suspects to the extent that their actions resulted in the death of those alleged perpetrators.
The Challenges Encountered by the IPID
Lack of independence
Conversely, the decrease in reported cases may be due to a lack of public confidence in IPID's ability to investigate and prosecute members of the SAPS, so they slowly lose confidence in the system and stop making complaints against members of the police. This is contrary to section 4 (1) of the IPID Act, which emphasizes that the IPID department must operate independently of the SAPS.
Lack of capacity and resource
The issue of police dependency was noted by evidence managers during the Marikana Commission when they criticized the IPID on the issue of its lack of staff and experts, having observed how the IPID investigative officers handled the crime scene. IPID does not conduct its own forensic investigations, nor does it perform autopsies, but IPID investigators facilitate these situations.
Summary
Introduction
The Symbolic Interaction Theory
However, along the way in their interaction, the officer may become a relevant object that acts on the actions (or signs) of the suspect. In this way, the meaning attached to the suspect's gesture, which serves to symbolize the context of the action, changes the behavior that the officer intended to do before the suspect behaved in a certain way.
The Theory of Differential Reinforcement
If the police are punished, the incidence of police torture and assault of suspects will be reduced through accountability measures. The above arguments indicate that the police culture of torturing and assaulting suspects has been reinforced.
Summary
Introduction
Qualitative Research Design
Ross (1999:7) further states that the qualitative approach in research is based on a worldview “which holistically assumes that there is no single reality; that reality is based on perceptions that vary from person to person and change over time, and that what we know has [sic] meaning only in a given situation or context. Moreover, the qualitative approach has a habit of closely linking context to interpretation; that is, qualitative research is "capable of generating very well-grounded cross-contextual generalities".
Purpose of Inquiry - Exploratory Research
This means that through a qualitative approach, this study was able to provide arguments about the nature and extent of police torture and assault as well as about the challenges of investigating such criminal behaviour. Bhattacherjee (2012:6) suggests that assessing the scale of a crime can include an examination of publicly reported figures.
Research Paradigmatic Perspectives
Interpretive paradigm
In simple terms, the focus of this study was to gain a deeper understanding of the perceptions of IPID investigators on the subject under research. The main source of the primary data obtained for this study was in-depth conversations between the researcher and the informants who participated in interviews.
Strategy for Participant Recruitment
Gatekeeper permission and sample selection procedures
Sampling techniques
The researcher therefore chose ten (n=10) participants, also because she was limited by the number of available investigating officers who investigated cases in terms of section 28 (1)(f) of the OPOD mandate. Therefore, ten suitable IPID investigative officers were available and voluntarily participated in this study which investigated the issue of the commission of torture and assault by SAPS members in the province of KwaZulu-Natal.
Profile of the Kwazulu-Natal Province
IPID KZN is the supervisory body responsible for investigating criminal offenses committed by SPSH and MPS members in their jurisdiction. The IPID was established in 2012 as an improved version of the Independent Complaints Directorate (IDD) after the ICD had proved ineffective.
Methods of Data Collection
In-depth interviews
The introductory questions in the interview guide also helped to establish and maintain a relationship between herself and the interviewee. During the meeting, the researcher briefly informed the participants about the topic and purpose of the study.
Data Presentation and Analysis
The researcher coded interesting features of the data in a systematic manner across the entire data set, collecting data relevant to each code. The researcher then checked whether the themes worked in relation to the coded extracts and the entire data set, thus generating a thematic 'map' of the data.
Ethical Considerations
- Permission letters
- Affecting IPID investigating officers’ careers
- Legal harm
- Deception
- Voluntary consent form
- Anonymity
The researcher avoided deception by informing the participants about the study, especially the aims of the study. Thus, the researcher gave the participants a consent form to read and sign as an indication that they agreed to participate in the study.
Research Trustworthiness
- Credibility
- Dependability
- Confirmability
- Transferability
To answer this question, the researcher ensured that the findings were the result of the experiences and opinions of the participants. To ensure transferability, the researcher provided background data to define the context of the study.
Summary
According to Shenton (2003), this will enable the reader to determine how far the data and constructs emerging from them can be accepted, and it also provides an opportunity to examine the integrity of the research findings. Transferability examines whether the results can be beneficial in a situation similar to that of the study (Struwig & Stead, 2013).
Introduction
To answer these research questions, this chapter aims to unpack the issue of torture and ill-treatment by the police. This is achieved through the collected qualitative data obtained during one-on-one interviews with selected IPID officials. In presenting the findings, the themes emerging from the data are discussed and, where relevant, the identified themes are integrated with the literature to enrich the discourse on the phenomenon of police torture and ill-treatment as illegal acts of violence and police brutality.
The nature of police torture and assault in Kwazulu-Natal
Interrogation techniques that are applied as forms of torture
All of the participants interviewed shared their understanding of torture by mentioning that a suspect might be suffocated, or a plastic bag put over his or her head, restricting his or her breathing. This means that the nature of torture is violent and often life-threatening, as breathing is mostly obstructed and it takes place over a period of time.
Torture as a method of extracting information
The use of torture as a method of extracting information from suspects confirms Parry's assertion that "the impulse to torture may derive from the torture victim's identification with a greater threat to social order or values." Evidence based on participant responses revealed that some members of the SAPS supported Schliemann's justification for the use of torture.
Conceptualisation of assault
However, some participants defined assault as the intent to do grievous bodily harm (GHB), which they explained was different from the assaults mentioned above. This definition asserts that in the context of assault with intent to do grievous bodily harm, the victim must suffer serious injuries that interfere with the victim's health.
The Situational Context of Torture and Assault
- Excessively volatile raids
- The public’s lack of understanding of police procedures in stop-and-search
- Suspects who resist arrest
- Provocation of the police by the public
Some indicated that members of the public could be attacked if they provoked the police. Participants in the current study also mentioned certain behaviors of the public that provoked the police.
Organizational factors that contribute to police brutality in KwaZulu-Natal
Pressure to meet projected targets of weapons retrieval
The participants realized that suspects would be assaulted and tortured when the police were under pressure from management, for example to recover a certain number of firearms. The media often reports on the recovery of weapons, drugs and other equipment by the police.
Inadequate training of police officers
Otherwise, they will revert to illegal methods, such as torture and assault, to force members of the public to admit they own firearms, even if they don't. One of IPID's responsibilities is to ensure that the police service is professional and demilitarized.
The Extent of Incidences of Torture and Assault in KwaZulu-Natal
An influx of torture and assault cases
This implies that the reduction of torture and ill-treatment partly depends on the effectiveness and comprehensiveness of police training. The reasons given by participants for the increase in cases of torture and ill-treatment in KwaZulu-Natal varied.
High rates of cases that are declined by prosecutors
This risk is evident in the increase in cases of torture and assault by SRSG members, which have been rejected by the courts. These responses indicate that some of IPID's investigating officers were unaware of the degree of conviction of torture and assault cases their office handled.
Challenges encountered by KZN IPID investigating officers
Lack of evidence from complainants
It is apparent that one of the challenges faced by the investigators was the lack of evidence that a medical report should have provided. Such a report helps prosecutors determine the severity of injuries and allows identification of the suspect based on name, personal information and even the vehicle's license plate.
Lack of cooperation from the complainant
As high as 90% of the participants admitted that they experienced challenges, especially in terms of complainants' lack of cooperation in the investigation. The complainant opens the case, then he wants to withdraw, or sometimes in the middle of the investigation a complainant just disappears.
Lack of cooperation from the police
The operation of the IPID is dependent on the extent to which the SAPS provides them with the resources necessary to complete their investigations. The cooperation of the police also includes being able to provide information to the IPID.
Inadequately capacity of the IPID
Bruce (2006) and Berg (2013) state that under-resourced, lack of capacity and wider logistical challenges (for example, traveling long distances to get to rural cases) mean that the oversight body cannot cope with its caseloads. It is clear that the distances that the KZN opod investigators have to travel challenge the effectiveness of the oversight body and lead to a large number of pending cases.
IPID Organisational Strategies to Ensure Police Accountability
Investigation of cases of torture and assault
In the absence of thorough investigations, the outcome of each case of torture and assault is affected. Therefore, 70% of the participants indicated that their cases of torture and assault were likely to be dismissed due to lack of evidence.
The obligation to report police torture and assault and cooperation by SAPS
IPID forces every officer to be accountable and to report any wrongdoing to IPID and this strategy works because you will even find them reporting what is not on the IPID mandate because they now fear. Based on the information provided by participants, it appeared that the strategy of section 29 which forces the police to report and cooperate is an effective strategy because it is supported by section 33 which imposes punishment on the police if they fail to cooperate.
Recommendations for disciplinary measures
In support of this law, 90% of participants indicated that it has proven to be an effective strategy. This means that the effectiveness of recommendations depends on the individual's understanding of the role of recommendations.
Summary
Based on this finding, it can be concluded that IPID's mandate to draft recommendations for the SRSG and KPA is often not worth the paper it is written on for two main reasons: (i) NPA prosecutors seem to have their own set of requirements and motivations for whether to prosecute or not; and (ii) by the time the IPID recommendations reach the South African Police Department (SAPD), the matter has already been 'investigated' and 'the ranks have been closed', indicating the existence of a police culture where police officers 'look after theirs'. It is clear that the strategy recommended by IPID to bring rogue officers into custody is, in its current form, ineffective in ensuring that the police are held to account for acts of torture and assault.
Introduction
The main conclusions that were reached based on these findings are discussed in relation to the objectives of the study. The limitations that affected the study are presented and recommendations pertaining to the SAPS and IPID organizations, as well as suggestions for further research, are provided as a concluding part of this research report.
Conclusion in Terms of the Findings of the Study
- Findings relating to the nature and extent of police torture and assault in KwaZulu-
- Factors contributing to police torture and assault
- Challenges encountered by KZN IPID investigating officers
- The effectiveness of IPID strategies to ensure police accountability
- Drawing the line between minimum force and excessive use of force by the police
It was noted that IPID investigating officers were fully aware of the extent of police torture and assault in KwaZulu-Natal province. IPID investigating officers had some suggestions as to the causes of the increase in the number of cases of torture and assault.
General Conclusion
The findings of this study will benefit society, law enforcement, and academics in the long run. The findings show that we have identified the core problem of the SAPS, which is ineffective and incomplete training.
Limitations that impacted the research
Language barrier
Participants’ demographics
Sample presentation
Recommendation Pertaining to the Findings of the Study
Recommendations pertaining to the SAPS
The police training curriculum should also include a step-by-step interrogation procedure, where the police will be given a chance to learn appropriate skills in dealing with suspects who are difficult or who refuse to cooperate in an interrogation. . This can help reduce the use of torture to get suspects to confess and extract information, because once the police know that the use of torture could jeopardize their case, they can refrain from using force from the start, but instead rely on other legal methods of gathering information and evidence from suspects.
Recommendations pertaining to the IPID
This will enable the IPID office to identify the challenges that complainants face when they open a case against a SAPS member, which in turn will improve the IPID system of operation. The budget should fall under the auspices of the top hierarchy of IPID and not the Minister of Police to ensure the complete independence of the IPID organization.
Suggestions for Further Research
Research on members of the SAPS who have been suspects in cases of police
IPID should therefore be seen as equally important as the PSSP and other law enforcement institutions.
Public awareness of the role and functions of the IPID
Summary and Concluding Remarks
Questions about the nature and extent of torture and assault cases by members of the South African Police Service (SAPS). Can you tell me about the challenges you encounter when dealing with cases of torture and assault by members of the SAPS.
