What to do if you become a victim of police brutality

Here are some practical tips should you be stopped by the police or even arrested:

•  Stay calm and co-operate. Police have been given powers to conduct searches and make inquiries
•  Be vigilant, take note of what is being said and done by the officers
•  If you feel uneasy, try to gather as much information as possible such as the name of the officer, their identifying characteristics, vehicle registration and the names they use to call each other
•  If you are uncomfortable, assert your rights by insisting that the officer follow you to the closest police station to conduct the questioning or arrest there
•  In the case of a brutal arrest, remain calm and remember the sequence of events and specific details. Take note of which police station or hospital you were taken to, which route you took, how many times you were assaulted and on which parts of your body were assaulted. Once at the station, ask to speak to the station commander and call a family member to assist you with the process going forward.

Arrested, detained and accused individuals also have rights in terms of Section 35 of the Constitution. This includes your right to remain silent, right to an attorney and the right to be told of the charges against you. If you are a victim of police brutality, record your injuries. Have a medical check-up immediately after the incident. Take photographs of where you were assaulted and write down as much as you can remember about the incident immediately.

Open a case against the officer that assaulted you. If the police station where the individual is employed won’t assist you, go to another police station. You will need a J88 form once a case is opened which you must take to a medical practitioner. This should be done immediately after the assault, so do not delay in opening a case against the officer.

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Engage a lawyer to assist you with a civil claim against the police to make sure that your rights are represented. In terms of Section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002, you must give the State notice within six months of the event that you are instituting proceedings against the State.

It is important to identify whether the officer belongs to the South African Police Service or Metro police, as these two departments are regulated by different arms of government and notice would need to be sent to the correct entity.

Details: www.probono.org; 011 339 6080

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