Press Releases:

August 15, 2008

Victims Excluded from Apartheid Pardon Process

A new pardon process is in progress which is recommending pardons for perpetrators of apartheid era human rights violations while denying victims permission to have a say in the process.

Political parties are reviewing applications for pardon from perpetrators who committed politically motivated crimes before 16 June 1999. In this de facto re-enactment of the TRC's amnesty process, the President has created a "Reference Group" to assess applications for pardon. This group includes representatives of our 15 national political parties. The Reference Group has already started making recommendations to the President as to which wrongdoers should be regarded as political offenders. The group's recommendations could lead to the early release of these perpetrators and the erasure of their criminal records. Unlike the TRC amnesty process, the victims have no say in the process.
This is a huge step backwards after the efforts made by the TRC to assert victims' rights.

Those who were convicted of committing human rights abuses during apartheid and who thumbed their noses at the TRC are now having their cases reviewed by a political party panel. These cases are not being subjected to public exposure or formal legal hearings. Worst of all, victims are prohibited from participating. The victims, or relatives of those murdered are not given access to the information disclosed by the perpetrator. Victims are not given an opportunity to challenge the facts presented by the perpetrator, nor are victims permitted to state how such a pardon might affect them.

In contrast to the public hearings of the TRC, the Reference Group is meeting behind closed doors using undisclosed standards and principles. The names of the applicants and the basis for recommendations for pardon are being kept secret.

The Reference Group has reportedly received over 2300 applications and only has until 30 September to forward recommendations to the President. While the President is not obligated to act on these recommendations, the fact that they have been considered by all 15 political parties is likely to lend serious weight to the recommendations.

A network of NGOs approached the Reference Group to raise their concerns and to insist that it consult with victims and make the process transparent. The NGOs also offered to facilitate the involvement of victims in order to avoid long delays. The response from the Reference Group was a flat NO. They deny any obligation to consult with victims as part of the group's investigations or as a constitutional imperative.

Hugo van der Merwe, from the Centre for the Study of Violence and Reconciliation remarks: "The huge gains made by the TRC in promoting a culture of victim empowerment, victim rights, public disclosure of the truth, and transparency of the process of justice are thus being undermined by a secret process endorsed by all political parties. We strongly believe that political expediency is again threatening to trump our constitutional values of participation, openness and responsiveness. "

Van der Merwe added that "NGOs will explore other avenues to challenge the process including an appeal to the president to instruct the Reference Group to revisit their rejection of victim inputs. It remains to be seen whether the President will rubberstamp this contaminated process, or whether he will insist that the rights of victims must be upheld. "

On behalf of:
The Centre for the Study of Violence and Reconciliation
Khulumani Western Cape
The International Center for Transitional Justice
Human Rights Media Center
The Institute for Justice and Reconciliation
Friends of Khulumani
South African History Archive

Contact

Hugo van der Merwe
Transitional Justice Programme Manager, Centre for the Study of Violence and Reconciliation
Tel: 27-21-447-7104
Cell: 082-570-0744