ANNEXURE:
DEFINITIONS OF HUMAN RIGHTS VIOLATIONS
TERM
Murder
Sexual Assault:
a) Rape
b) Aggravated Indecent sexual
assault
Assault
DEFINITION
Unlawful and intentional killing of another person
It is knowingly causing another person to engage in an unwanted sexual act by force or threat.
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.
a) Falanga (Foot whipping)
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.
b) Submersion/Suffocation
(water boarding)
c) Beating
A form of assault whereby water is forced into the victim’s breathing passages so as to simulate drowning.
d) Other assault
Torture
Threat
Harassment/Intimidation
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.)
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
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.
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) Adduction
b) Unlawful arrest
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 authorises 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
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