Raped inmate sues prison

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 Jail torture

SUNDAY TRIBUNE MAR  MAR CH 4 2012

Tutu art book to raise funds for SA pupils   WENDYL MARTIN IT MAY seem to be an unlikely collaboration, but Archbishop Emeritus Desmond Tutu and acclaimed SA artist Paul du Toit are making it work, turning out a one-of-a-kind art book that will go under the hammer to raise funds for charity in New York later this month. The 18-page book features five handwritten quotes by the Nobel Peace Prize win-

Artwork by Paul du Toit,far right, in collaboration with Archbishop Desmond Tutu. Tutu. Pictures: CANDICE CHAPLIN

CAROLYN RAPHAELY

ner, displayed alongside woodcut prints by Du Toit. It is to be auctioned atThe Lunchbox Fund Bookfair, along with other hand-made books that were created by personalities as diverse as Salman Rushdie with artist Francesco Clemente, Sting, Sir Ben Kingsley, photographer Bob Gruen and Yoko Ono, Hugh Masekela, Tony Bennet and Deepak Chopra. The Lunchbox Fund, founded by New York-based

SA model Topaz Page-Green, is an organisation dedicated to feeding high school pupils in SAtownships.

Engraved The prints were made with woodcuts and linocuts that Du Toit engraved. The 13 cuts were then painted for the prints, and the project completed withmaster print maker Ruth Lingen. Du Toit will see the complete bound book for the first

time when he returns to New York for the auction. ”When I was finished, I felt drained. I asked myself, did I really do this?” All the books will be displayed together at Pace Prints in New York from March 6 to 10. “I hope whoever gets this book understands the historical value, and donates it to a museum,” Du Toit said. A bronze sculpture of  Mandela’s hand that Du Toit

made once fetched $3.5million (R26.3m). Tutu said he did not think the book would raise as much as the Mandela hand, as he is “nowhere near in the same league as Madiba”. “Don’t be surprised that I don’t remember writing this, given my age,” he chuckled. “(But) the proceeds are being used to benefit those less fortunate than us. I mean, what other reason do you want?”

RAPED INMATE SUES PRISON

W

H EN EN B ra ra dl dl ey ey McCallum, a tattooed and toothless inmate of  Port Elizabeth’s St Alban’s prison, was beaten and raped with a baton by a warder, no one could have predicted the propensity of the slightly built prisoner to fight back. “I decided enough is enough,” he recalled. “I thought: ‘I’m going to stand up for myself as a prisoner and a human being. I don’t care what happens as long as people know how I’ve been treated’.” McCallum, 32, didn’t suffer alone. His rape was was part of a prison-wide orgy of mass-beatings, assault and torture by about 50 warders in retribution for the murder of fellow-warder Babini Nqakula – a relative of thenthen-mini minister ster of Safety and and Security Charles Nqakula, husband ban d of Min Minist ister er of of Cor Correc rec-tional Services Nosiviwe Mapisa-Nqakula. “A warder shoved a bat on up my anus and said: ‘Where’s your knife? You can put it in your bank account, we’ll take it out with interest’,” McCallum said. “When I tried to crawl away, he trampled on my back forcing me to lie face-down on the floor. I felt like trash…” Now Egon Oswald, a lawyer operating a one-man practice from an old house in Port Elizabeth, is suing the Minister of  Correctional Services for damages age s on beha behalf lf of McC McCall allum um and 230 other prisoners. It is probably the largest damages claim yet instituted against the Department Department of Correctional Services (DCS). Hopefully, this will draw attention to the excessive use of  violence by officials in SA prisons. Surprisingly, after McCallum lodged a complaint with the UN Human Rights Committee (UNHRC) in Geneva and won his 2010 case, Bradley McCallum vs SA, no one seemed to notice or even care, least of all SA, which which ignored ignored six requests by the UN to



St Alban’s warders’ mass torture went unreported until one prisoner decided he’d had enough

People were terrified ... blood was running down the walls Bradley McCallum

Seeking justice:Lawyer Egon Oswald,left, and former prisoner Bradley Bradley McCallum. respond to McCallum’s allegations. “This matter is by no means over,” said Oswald, a quietly spoken former commercial lawyer who was voted Human Rights Lawyer Lawyer of the year by the Cape Law Society in 2011. “It’s a matter of principle. The rule of law must be upheld and public officials held accountable.” Released on parole in 2010, McCallum still recalls the July

2005 attacks in detail: “I was lying on my bed on a Sunday morning when I heard Warder P shouting: ‘Julle naaiers, julle ma se p***, hardloop uit!’” (You f***, come running out!) He hit me on the arm with his baton. Then he hit me on the head. All the time, he was shouting ‘Tronk naaier, tronk bitch!’ (Jail f***, jail bitch), grabbing my shirt and kicking me. “We were forced to run naked down the corridor

through a tunnel of warde through warders rs who hit us while we were running and sprayed us with water. They were swearing and screaming: ‘Today you’re going to die!’ Then they forced us to lie on the wet floor in a long human chain – about 70 prisoners from my section. Each inmate had their nose in the arse of the person person in front front of  them. If you turned to look up, they kicked you in the face with an army boot. There were

also female warders who walked over us, kicked us in our genitals and mocked us about our private parts. And there were dogs. “People were terrified. The warders beat us with batons, shock-boards, broomsticks, pool-cues and pick-axe handles. “As a result of the electricshock shields and the terror, the prisoners were were p****** and s******* on themselves and on each other. “Blood was literally running down those prison walls.” Then the inmates were told to run into their cell. In the ensuing chaos, they fell over each other, slipped and tripped on the floor which was covered in water, urine, faeces and blood. “There were people with Aids, TB, diabetes, sick people, old people. The warders didn’t care,” McCallum said. Initially, Oswald found McCallum’s story hard to believe. But when complaints flooded in, he realised realised it was true. “Every “Eve ry one of thes these e guys suffered injuries. They had bruises, blunt-force contusions, dog-bites, broken limbs; they’d

been electrocuted and were psychologically psychologicall y traumatised.” McCallum, for one, still carries scars. scars. After the beatings, he had a dislocated jaw, head wounds, woun ds, a damaged damaged arm and flashbacks, and lost his teeth. He said the inmates were denied medical help for a month. In desperation, they attempted to treat themselves by burning toilet paper and covering their wounds with sand and ash. Concerned about HIV infection from other inmates’ bodily fluids, McCallum was also denied HIV testing and other basic privileges such as phone, exercise, access to legal representatio n and his family. Yet when he complained to the authorities and anyone else he thought might listen, no disciplinary action was taken against the perpetrators and no criminal sanction followed. After all oversight mechanisms failed and the State claimed McCallum had not made his his statutory demand within a stipulated six-month period, Oswald approached the UNHRC on his behalf. At the UNHRC’s 100th sitting, South Africa was found to have violated its obligations in terms of the Intern Internation ational al Convention on Civil and Political Rights and the UN Convention against Torture, Cruel, Inhuman or Degrading Treatment or Punishment. SA had also flouted flouted the provisions provisions of  its own constitution, violated the African Charter on Human and People’s Rights and the Robben Island Guidelines. TheSA Human Rights Commission’s Judith Cohen said: “This is a peremptory norm that binds all states, whether they’ve signed the international instruments or not.”

SA was instructed to inves- cult to assess its prevalence in tigate McCallum’s claims, pros- SA’s 241 jails. Moreover, torture ecute those responsible and is often unreported. provide a remedy and informa“People in prison don’t tion about measures taken stand up for their rights; they within 180 days. In October don’t even know they have 2011, Correctional Services rights,” McCallum noted. finally issued a media stateThough prison officials are ment, but ignored the supposed to use “minimum UNHRC’s request to publish its force” to quell violence, the use findings. of elec electrictric-shock shock belts, belts, stunThe following month, shields, stun-batons and legdriven by what he describes as irons appears widespread. “a total antipathy to the abuse Perhaps the fact St Alban’s of powe power”, r”, Oswald Oswald brought brought a warders believed they could successful High Court applicaassault and torture inmates tion compelling discovery of  with impunity is understandall documents relating to able – SA has no legislation inmates’ complaints. criminalising torture even Correctional Services though it’s outlawed by the conspokesman Sonwabo Mbana- stitution. nga said: “The alleged incident “At the moment, if perpetrahappened before the minister’s tors are brought before a crimappointment. When she first inal court they’ll be charged became aware aware of the matter in with a common law crime like September last year, she immeassault, culpable homicide or diately instructed the depart- murder murder,” ,” Cohen explained. ment to re-open an investigaThe local representative of  tion into the matter.” the Geneva-based Association Meantime, as Cohen points for the Prevention Prevention of Torture, out, SA is not notching up a Amanda Dissel, believes that good reporting record at inter- “a crime crime of tortu torture re would would national level. For example, assist the authorities to recogSA’s report to the Committee nise acts of torture and initiate initiate Against Torture Torture has been out- proper invest vestigatio igations ns of torstanding since 2009: “The fact ture with the diligence, imparthat SA was asked to respond tiality and competence to the UN and repeatedly required by international law”. ignored the requests is indica“How the St Alban’s case tive tiv e of how seriou seriously sly SA SA happened and how we prevent regards its international obli- it happening in the future is gations.” what matters,” said Cohen. What’s more, the 2010/11 “This isn’t just about Judicial Inspectorate for Cor- McCallum, it’s about what rectional Services (JICS) went wrong. There are more report noted a “disconcerting McCallums out there and trend” tren d” of death deaths s implicating implicating there’ll be more in the officials who employed “unnec- future…” essary force in instances where ly,, the ● Carolyn Raphae ly the inmate posed little or no current Webber Wentzel legal threat to safety”.   journalist of the year, year, is a Since neither DCS nor JICS member membe r of the Wits Wits Justice Justice provide torture statistics in Project which investigates mistheir annual reports, it’s diffi- carria carriages gesof just justice ice..

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Couple smash Houdini’s record

Wayne Houchin and his wife Frania, above and left, celebrate after performing Africa’s first dual upside down straitjacket escape while hanging 25m above the ground.

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 JUNIOR BESTER THE record for an upsidedown escape attempt, set 87 years ago by the legendary Harry Houdini, has been smashed – in Cape Town. Hanging suspended by their ankles 25m above the V&A Waterfront on Friday Friday,, American couple Wayne Houchin, 29, and his wife Frania, 26, took the record time time of  two minutes and 12 seconds to free themselves from their straitjackets. Escape artist Houdini set the original original record record of three minutes in 1925, suspended from a crane used to build the New York City subway.

The Houchins, from Chico in California, California, trumped trumped hundreds of of esca escape pe artists artists who have, over the decades, attempted to beat Houdini’s time. And Friday marked marked not only a new record, but also the first time the feat had been attempted on the continent. Houchin said afterwards: “It was absolutely amazing and frightening at the same time. This has been our first attempt at the record, and to do it is just amazing.” He added that while his attempt to break the record had been a long time in the planning, his wife had surprised him with her decision to join in, because she is

terrified of heig terrified heights. hts. She said: “This was such a big personal challenge for me as I am terrifi terrified ed of heig heights.I hts.I could not even go on the big wheel here at the Waterfront.” The couple began by strapping themselves into strait  jackets. They were then strapped by the ankles to hooks on two cranes, before being hoisted 25m into the air. Once in position, the clock began to tick. And a small crowd watched their wriggling bodies overhead. The soaring temperatures added to the drama, with the straitjackets upping the body temperatures of the two. two. Houchin said: “We

practised at home by hanging ourselves from a very low height just to get used to hanging upside down. “This helped us, yet at this height there are psychological problems with looking down and seeing how high you actually are.” The pair are in SAto attend the SA National Magic Championships, taking place today at Artscape in Cape Town. The event is among a series of simi similar lar events events across across the world aimed at identifying various countries’ best magicians. The winners will take part in the world championshipsin Blackpool, England, in July.

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