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  5. KRM 220 (CRIMINOLOGY)

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Summary of Unit 9 (Torture)
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In-depth summary of Unit 9 (required for KRM exam Section B). Summary includes: 1. Lecture Notes 2. Unit Notes 3. Prescribed reading All important points are clearly highlighted in the summary. No unnecessary information has been added.

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  • November 15, 2022
  • 4
  • 2022/2023
  • Summary

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Torture Unit 9
Definition of torture
Any act by which severe pain/ suffering, whether physical / mental, is intentionally inflicted on a
person for such purposes as obtaining from him/ a third person information/ a confession,
punishing him for an act he/ a third person has committed/ is suspected of having committed,/
intimidating/ coercing him/ a third person,/ for any reason based on discrimination of any kind,
when such pain / suffering is inflicted by / @ instigation of / w/ consent / acquiescence of a public
official/ other person acting in an official capacity. It does not include pain/ suffering arising only
from, inherent in/ incidental to lawful sanctions.




Conditions
required for act to
qualify as torture



It must be committed
It must result in It excludes pain &
It must be inflicted by, / w/ consent/
severe mental &/or suffering as a result
intentionally. acquiescence of a
physical suffering. of lawful actions.
public official.




Duties of South Africa under CA


Prevent torture &
Accept complaints & CIDT
protect witnesses & victims Abide by peremptory norm


Protect foreign nationals
Ensure redress to victims of
torture


Duty to: Criminalise torture in
Reject statements domestic law
obtained under torture

Either prosecute / extradite
Report on measures Investigate
taken

Educate & train all personnel

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