LISTEN: ‘Tortured’ Leeuwkop inmates seek R10m from govt
Five offenders have launched a legal challenge against the government after they were allegedly tortured at Leewukop prison in Johannesburg.
The plaintiffs are suing the Department of Correctional Services after officials allegedly tortured them on 10 August 2014.
The case to determine the culpability of the officials is drawing to a close, more than a decade after the alleged physical assaults.
Legal aid organisation, Lawyers for Human Rights (LHR) and law firm, Webber Wentzel are representing the five offenders in the High Court in Johannesburg.
The legal battle has been split in two: The first leg of the case seeks a pronouncement that the officials indeed assaulted the inmates, and if the court agrees, the second inquiry will be quantifying the damages.
“It totals about R10 million for all five of our clients,” says Nabeelah Mia, head of the Penal Reform Programme at LHR.
Damages physical injuries, pain and suffering, and ongoing treatments and medical expenses are among the claims submitted.
The alleged torture was sparked by two incidents in August 2014 when the cell door was unlawfully barricaded. The perpetrators have not been identified.
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“When they [the prison officials] gained access to the cell, they conducted an inspection and found a cell phone and sim cards.
“The inmates were demoted, being stripped of their privileges including using the public phone and a reduction in exercise time outside. Physical contact time with family members was also limited.
“On 10 August 2014, the cell door was blocked again, and officials proceeded to assault members of the cell after gaining access,” says Mia.
The department has refuted claims that officials had tortured the five men, adding that minimum force was used by the prison officials to maintain order.
Mia has detailed the alleged torture which she says can be backed up by medical records.
“They were slapped, punched and kicked, beaten with batons, they were shocked by electric shock shields, they were set upon by dogs, they forced to squat in pencil potions for prolonged periods of time, they were dragged across the ground thereafter they were unlawfully detained in single cells in conditions akin to solitary confinement for 15 days.”
Closing arguments are expected to be heard later this month.