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TLX 15/91 - South Africa: fear of execution: Paul Bezuidenhout

, Índice: AFR 53/011/1991

4 March 1991
TO: UA Coordinators
FROM: IS, CMD/RD Africa
Request for Urgent Action. This action is being sent by telex/fax/e-mail for
reasons of speed - several of you will have received this already as a WARN
last Friday; please continue action if you can. The text will be printed for
information and distribution in the weekly mailing, and has therefore been
given the index number AFR 53/11/91.
TLX 15/91 - Fear of Execution
SOUTH AFRICA: Paul BEZUIDENHOUT
The first execution authorized by South Africa's State President F W De Klerk
for more than a year has been scheduled for 5 March.
Paul Bezuidenhout has been given notice that his execution is scheduled
to take place in Pretoria on 5 March 1991. The Minister of Justice informed
parliament on 26 February 1991 that eight prisoners had had their death sentences
commuted but that Paul Bezuidenhout was to be hanged. The Minister said that
Paul Bezuidenhout's execution would take place soon but that the exact date
would not be announced beforehand. On the same day the prisoner received seven
days' notice of execution. Lawyers are seeking a last-minute stay of execution
to enable new psychological and psychiatric evidence to be considered.
Paul Bezuidenhout was convicted on 15 September 1989 in the Supreme Court
(Northern Cape Division) of the murder of a woman and a young child in September
1988. He was sentenced to death and his appeal was dismissed on 28 September
1990. He subsequently submitted a petition to the State President for clemency
but it too was turned down.
BACKGROUND INFORMATION
This is the first execution to be scheduled in Pretoria since a moratorium
on executions was announced in February 1990. On 27 July the Criminal Law
Amendment Bill came into force, resulting in the abolition of the mandatory
imposition of the death penalty in certain murder cases and providing for
automatic right of appeal and clemency procedures in all capital cases. In
addition the Act created a process whereby some people sentenced to death under
the old law will have their cases reviewed in the light of the new provisions
by a closed panel of nine judges and academic lawyers. The review panel is
apparently willing to consider new evidence regarding mitigating circumstances
in each reviewed case. However, a number of other cases of people sentenced
to death under the old law, including that of Paul Bezuidenhout, reached the
appeal stage after the passage of the new law. His appeal was thus considered
and dismissed by the Appellate Division in light of the new law, but without
the court hearing any new evidence.
At the end of 1990 at least 331 people were under sentence of death at
Pretoria Central Prison, and a further 108 in the nominally-independent
"homelands". Those under sentence of death in the Ciskei "homeland" are
reported to have had their sentences commuted to life imprisonment. One person
was executed in November 1990 in the nominally-independent "homeland" of
Bophuthatswana despite a last-minute petition to the Supreme Court for a stay
of execution pending the filing of a petition for clemency.
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RECOMMENDED ACTION: Telegrams/telexes/faxes:
- appealing that the State President review his decision and urgently grant
clemency to Paul Bezuidenhout, whose execution is scheduled to take place on
5 March 1991, and to any other prisoners awaiting execution in South Africa;
- expressing deep regret at the ending of the moratorium on executions in South
Africa, and appealing for clemency for all prisoners under sentence of death;
- stressing that Amnesty International believes that in all cases the death
penalty is a violation of the right to life and the right not to be subjected
to cruel, inhuman and degrading punishment, as proclaimed in the Universal
Declaration on Human Rights.
APPEALS TO:
State President F W De Klerk
State President's Office
Private Bag X83
Pretoria 0001, South Africa
Telegrams: President De Klerk, Pretoria, South Africa
Telexes: 321695 SPLIB SA, 321890 PRES SA; 322158 PRES SA
Faxes: +27 12 323 3982
Mr H J Coetsee
Minister of Justice
Department of Justice
Private Bag X81
Pretoria, South Africa
Telegrams: Justice Minister, Pretoria, South Africa
Telexes: 322139 JUST SA
Faxes: +27 12 326 0991
COPIES TO AT LEAST ONE OF THE FOLLOWING:
- South African Press Association (Attn: Craig Doonan), PO
Box 7766, Johannesburg 2000
- The Editor, The Cape Times, PO Box 11, Cape Town 8000
- The Editor, The Star, POB 1014, Johannesburg 2000
- The Editor, Vrye Weekblad, PO Box 42637, Fordsburg 2033
- Society for the Abolition of the Death Penalty in South
Africa, c/o Centre for Applied Legal Studies, University of
Witwatersrand Johannesburg, PO Wits 2050, South Africa
- Lawyers for Human Rights, 713 Van Erkom Building, Pretorius
Street, Pretoria 0002, South Africa
and to diplomatic representatives of South Africa in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 5 March 1991.

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