Amnesty

On the second anniversary of the catastrophic events in Marikana, justice for the victims and full accountability are still urgently needed, Amnesty International said today. All those involved in the unlawful decision to use lethal force must be held fully accountable and the disturbing pattern of obstruction of the investigations into the deaths must stop. 

Amnesty International believe that the police, acting on an unlawful decision, used unjustified lethal force against the miners, leaving 34 dead and more than 70 others injured. The police, possibly in collusion with others, also concealed and falsified evidence and attempted to mislead the judicial Commission of Inquiry into the deaths. 

“Two years after the Marikana shootings, the need for full co-operation with the inquiry and accountability for both the unlawful killings and the cover-up of these crimes is as urgent as ever,” said Deprose Muchena, Amnesty International’s Regional Director for Southern Africa. 

“Despite the scandalous attempted cover-up, which began immediately after the shootings and delayed the work of the Commission for at least a year, justice must be done.” 

In spite of the fact that bloodshed was foreseen by those who took the decision to use lethal force, adequate medical assistance was not on hand and the delay in getting paramedics to the scene is likely to have contributed to the suffering of the injured. Chillingly, four mortuary vans had been ordered by the police. 

The decision to disarm, forcibly if necessary, and arrest the striking miners was taken on 15 August 2012 by the Provincial Commissioner and endorsed at an Extraordinary Meeting of the National Police Management Forum. The decision, which was not dependent on any escalation of threat to life, and the subsequent deployment of tactical units with firearms using live ammunition, including R5 assault rifles capable of automatic fire, had no basis in international or domestic law. 

The “loss” of the minutes from this critical meeting is just one of a litany of incidents which suggest a systematic attempt by the police authorities, with possibly higher level involvement, to conceal or falsify evidence and to mislead the Commission. Other incidents include: tampering with the crime scene; withholding or delaying the submission of police weapons for ballistics testing; the withholding of police computer hard drives; and the provision of statements lacking in detail as well as evasive oral evidence by senior police officials and commanders. 

 “Achieving full accountability in this case is not just vital for the victims of Marikana and their families, but is also essential to ensure the respect and protection of human rights in South Africa,” said Deprose Muchena. 

“The killings at Marikana were not a tragic accident but a completely avoidable outrage and until those responsible are brought to justice, the threat of a repetition of such unlawful killings will hang over South Africa.” [MORE]