“I Was Wrongfully Arrested”: Human Rights Expert Gives Advice
- A 20-year-old was wrongfully arrested when he was on his way to shop in the Johannesburg CBD
- Despite multiple attempts to explain that he is a citizen of the country and simply left his ID at home, he was detained
- He felt that his rights were violated, and Tumelo Mogale from the Lawyers for Human Rights spoke to Briefly News and recommended that the victim seek legal assistance
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Anonymous wrote:
"I was walking in town in Johannesburg when members of the South African Police Service approached me. They demanded I show them my identity document to prove I was South African. When I tried to explain to them that my ID was at home, they grabbed me and threw me in a van.
"I was thrown in jail without being given a chance to defend myself, and I was later released. This was a very traumatic experience, and I felt like I was wrongfully arrested. Were my rights violated, and what can I do if I believe I was wrongfully arrested?"
Tumelo Mogale works for Lawyers for Human Rights, a non-profit and non-governmental organisation started by activist lawyers in 1979. Their approach to human rights advocacy includes strategic litigation, advocacy, law reform, human rights education and community mobilisation and support.
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Human rights expert gives tips on what to do
Mogale told Briefly News that Section 35 of the Constitution of South Africa protects the rights of those arrested and deals with a person’s rights from the moment they are arrested. Mogale also advised the steps to follow if one believes they were wrongfully arrested.
“The immediate thing that the person arrested should do would be to seek legal assistance to challenge their arrest and detention. We, as the LHR, have implemented a hotline for immigration. If anyone has been detained due to documentation, they can contact our office by calling the free hotline or sending a WhatsApp message.”
Victims can contact the SAPS
Mogale also shared the steps they can take with the SAPS. He told Briefly News:
“They can lay a complaint with the District Commissioner or the Gauteng Service complained. Alternatively, the matter can be referred to the Independent Police Investigation Directorate. They can also bring a civil case against the Minister of Police for unlawful detention."
Disclaimer: The advice in this article is general and does not reflect the views of Briefly News. It is not intended to influence a reader’s decisions. Readers are advised to seek professional help before making any decisions.
Do you have a story to tell? Want an expert’s advice? Please email us at contact@briefly.co.za with ‘Ask an expert’ in the subject line.
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Source: Briefly News
