Silenced by Counter-Terror Legislation
Wandile Dludlu has told Amnesty International that he was taken into the custody of the police on September 4, 2009 when crossing the border back from South Africa into Swaziland.
He was first taken to a police station in the country's capital city, Mbabane. After being detained there for about an hour, he was then handcuffed and taken to a secret location in a forest, where he was forced by police officers to lie on the ground with his hands and ankles tightly belted.
In this position he was interrogated for several hours while being repeatedly suffocated with plastic bags pulled against his nose and mouth. Eventually he was taken back to the vehicle and released near the city.
Wandile lodged a formal complaint at Mbabane police station. He has returned several times to request information on the progress of the investigation. The investigating officer told him that there was no corroboration, no witnesses to the torture and that the main police officer against whom he had lodged the complaint denied everything.
On September 21, 2009, Wandile was waiting in a crowd for the release of a prisoner when prison security officers charged into the group at the gate. They severely assaulted a number of leading political activists and demanded that the journalists stop filming and photographing their actions. Wandile was among those singled out for particular attack. Prison security officers beat him with their fists and booted feet until he fell to the ground.
Wandile lodged a criminal complaint and made a statement at Matsapha police station on the night of the incident. He was able to identify the main perpetrator in his complaint but required an ID parade to identify the others. The police investigator reportedly refused to arrange for the ID parade and did not take into account photographic evidence that Wandile had obtained which showed prison officers assaulting him.
Activists calling for reforms of the political system and also human rights defenders campaigning to address the dire humanitarian situation in Swaziland are subject to arbitrary arrest, harassment and ill-treatment. Freedom of expression, association and peaceful assembly which were already compromised under Swaziland's legal system were further undermined by the Suppression of Terrorism Act which was signed into law August 2008. In November 2008, SWAYOCO, of which Wandile Dludlu is a member, was one of four organizations declared as a 'terrorist entity' under the Act.
Swaziland has a persistent problem with impunity for torture and excessive use of force by law enforcement officials. There are no independent oversight bodies with power to investigate and recommend further steps. The police are also responsible for investigating complaints against members of Correctional Services.
