JULY 2017
ANNEXURE 2. DEFINITIONS OF HUMAN RIGHTS VIOLATIONS.
TERM
DEFINITION
MURDER
Unlawful and intentional killing of another person
SEXUAL ASSAULT:
It is knowingly causing another person to engage in an unwanted sexual act by force or
threat.
A)
B)
RAPE
AGGRAVATED
ASSAULT
INDECENT
SEXUAL
Is whereby a male person has sexual intercourse or anal intercourse with female person
without the consent of the latter
Is whereby a person including a female commits a sexual act involving the penetration of
any part of the victim’s body, other than a male person having sexual intercourse or anal
intercourse with a female person, without the consent of the victim, including active and
passive oral sex and anal sex between two individuals of any gender.
Is whereby a person commits an assault upon another person intending to cause that
other person bodily harm.
ASSAULT
A)
FALANGA (FOOT WHIPPING)
B)
C)
SUBMERSION/SUFFOCATION
BOARDING)
BEATING
D)
OTHER ASSAULT
Is a form of corporal punishment whereby the soles of the feet are beaten with an object
such as a cane, or rod, a piece of wood, or a whip. The victim may be immobilized before
the application of the beating by tying, securing the feet in leg irons, locking the legs into
an elevated position or hanging upside down.
(WATER
A form of assault whereby water is forced into the victim’s breathing passages so as to
simulate drowning.
Is any form of physical assault including hitting of a person with or without an object such
as a stick, belt, whip, barbed wire, log or any other object including bare hands. It also
includes the kicking or head-butting of a person; and includes stabbing, shooting and
forced consumption (forcing a person or overeat or eat something poisonous or their own
excreta.)
TORTURE
Any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person by or instigation of public official or other person acting in an official
capacity for purposes of obtaining from the victim or a third person information or a
confession , punishing him/her for an act s/he or a third person has committed or is
suspected of having committed, or intimidating or coercing him/her or a third person, or
for any reason based on discrimination of any kind
THREAT
It is whereby a person threaten to commit a crime, including but not limited to murder,
rape, aggravated indecent assault, unlawful detention , theft, malicious damage to
property thereby inspiring in the person on whom she/he communicates the threat of a
reasonable fear or belief that he or she will commit the crime.
HARASSMENT/INTIMIDATION
Unlawfully subjecting one to pressure, insult of threat with intent to cause him/her to
suffer anxiety discomfort and/or the feeling of insecurity.
MOVEMENT VIOLATIONS
KIDNAPPING/UNLAWFUL DETENTION
A)
B)
ABDUCTION
UNLAWFUL ARREST
C)
UNLAWFUL DETENTION
D)
FORCED DISPLACEMENT
Is whereby a person deprives another person of his freedom of bodily movement without
lawful justification and/or authority (based on section 93 of the Criminal code Act)
The taking away of a person using intimidation , open force of violence
Is the arrest of a person by another person (usually a police officer), whereby the latter’s
position generally authorizes him/her to arrest the other person, but not in this particular
case. Essentially, it is a form of abuse of power on the part of the police officer
Depriving a person of his or her freedom of bodily movement without lawful justification
and/or authority.
Internal displacement of persons or groups of persons “…who have been forced or
obliged to flee or leave their homes or places or habitual residence, in particular as a
result of or in order to avoid the effects or armed conflict, situations of generalized
violence, violations of human rights or natural or human made disasters, and who have
not crossed an internally recognized border”
PROPERTY RIGHTS
THEFT
Is whereby a person takes property from another person “knowing” that the other person
is entitled to own, possess or control this very property.
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