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121<br />

handcuffed into the back of a police van, already half-dead from the brain damage and other<br />

severe results of the beatings, Biko was taken in the van for a rough 1,200 km drive, from Port<br />

Elizabeth to Pretoria, where he died. In spite of the incriminating testimony and the denial of<br />

amnesty by the TRC, no one has been charged, to this day, with the torture, the denial of<br />

medical treatment or the murder of Steve Biko. 206<br />

Torture was illegal in South Africa (as opposed to Israel prior to 1999), and since the<br />

South African apartheid state was very successful in covering up its own abuses in this regard,<br />

there are next to no quantitative data available. It is known, however, that the use of statesanctioned<br />

torture was very common, that it was often encouraged and sometimes ordered<br />

from the highest levels of the security forces and the government, and that the amount of<br />

deaths in police or ‘security force’ custody was very high, as well. 207<br />

Members of the African National Congress guerrilla group, Umkhonto we Sizwe (Zulu<br />

for ‘Spear of the Nation’, usually abbreviated as MK) also committed human rights violations.<br />

It was not, however, responsible for any deaths until after its founder and first commander,<br />

Nelson Mandela, himself had been jailed for life, only narrowly escaping the death sentence.<br />

The Ethiopian army had given Mandela, a lawyer, human rights activist, intellectual and<br />

fugitive from South African ‘Justice’, eight weeks of military training, a gun and 200 rounds<br />

of ammunition. After 48 years of peacefully resisting intensifying white oppression, the ANC<br />

was outlawed in 1960, following the notorious massacre by police of at least 69 protesters at<br />

Sharpeville. The protesters were unarmed and peacefully protesting racist passbook laws.<br />

Many of them were shot in the back as they were trying to flee, once the police, entirely<br />

unprovoked, had started firing. Only after being offensively driven underground did the ANC<br />

thus decide to switch to a phased strategy of armed resistance, starting with attacks on<br />

unmanned military installations. It was during this phase that Mandela was captured. He was<br />

later found guilty for being involved with plans for attacks which could have or would have<br />

cost human lives. During the 1970s and ‘80s, thousands of South Africans, mainly youths, left<br />

their country to join the MK in military camps set up in the countries north of South Africa,<br />

recently liberated from colonial and apartheid rule. 208<br />

One of the TRC hearings was concerned with the gross violations which the ANC<br />

committed at a detention camp in Angola, as a result of which at least six people died during<br />

the 1970s and ‘80s. Other such acts included bombings throughout the 1980s. The MK itself<br />

planned and executed 13 attacks from 1980 to 1988, in which 23 people were killed and more<br />

than 350 were injured. 209 The deadliest attack took place in Pretoria in 1983, when a single<br />

bomb took the lives of 19 people, leaving another 217 injured. 210 It must be added, however,<br />

that this was a very unusual attack. The ANC and other South African liberation movements<br />

on the whole were remarkably reluctant to engage in violence, especially when compared to<br />

the force they were up against. It has been estimated that at least one and a half million<br />

southern Africans were killed, directly or indirectly, by the apartheid government and its<br />

defenders and allies from 1948 until 1994, many in avoidable famines. We shall return<br />

presently to the horrendous death toll of the apartheid wars in southern Africa.<br />

It was widely known that South Africa possessed nuclear weapons from 1975 at the<br />

206 Boyle: 25 Years On, S. Africa’s Slain Biko Sets a Standard, 2002; Thomasson: South Africa’s Biko Left<br />

Chained for 24 hours - Police, 1998; Woods: Biko, 1978<br />

207 Pigou, Piers: Monitoring Police Violence & Torture in South Africa, Paper presented at the International<br />

Seminar on Indicators and Diagnosis on Human Rights: The Case of Torture in Mexico, convened by the<br />

Mexican National Commission for Human Rights, April 2002; Pauw, Jacques: Into the Heart of Darkness:<br />

Confessions of <strong>Apartheid</strong>’s Assassins, Johannesburg: Jonathan Ball, 1997<br />

208 Mandela 1995 (1994): 274ff, 304ff; Thomas: South Africa Wrestles with Past in <strong>Apartheid</strong> Museum, 2001.<br />

On the involvement and support by the US Central Intelligence Agency (CIA) for the apartheid regime’s<br />

intelligence agencies in the 1962 arrest of Mandela, who had gone underground in South Africa, and which<br />

almost led to his execution, see Blum: The Men Who Sent Mandela to Jail, 2002.<br />

209 Schuettler: ANC Guerrilla Regret Deaths, Seek Amnesty, 1998<br />

210 Ibid.

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