DOCSLIB.ORG

Human Rights Violations and Torture in Zimbabwe During 2008

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Human Rights Violations and Torture in Zimbabwe During 2008 CENTRE FOR THE STUDY OF VIOLENCE AND RECONCILIATION 4th Floor, Braamfontein Centre 23 Jorissen Street, Braamfontein P O Box 30778, Braamfontein, 2017 Tel: +27 (11) 403 5650 Fax: +27 (11) 339 6785 Cape Town office: Tel: +27 (21) 447 3661 Fax: +27 (21) 447 5356 www.csvr.org.za Subliminal terror? Human rights violations and torture in Zimbabwe during 2008. Centre for the Study of Violence and Reconciliation Subliminal terror? Human rights violations and torture in Zimbabwe during 2008. Report prepared for the Centre for the Study of Violence and Reconciliation by Tony Reeler Acknowledgements The Centre for the Study of Violence and Reconciliation (CSVR) would like to thank Tony Reeler of Research and Advocacy Unit (RAU), Harare, Zimbabwe, for participating in this project and producing this report. CSVR would also like to acknowledge the British High Commission for its financial support of the project. For information, contact Centre for the Study of Violence and Reconciliation 4th Floor, Braamfontein Centre 23 Jorissen Street P.O. Box 30778 Tel: +27 (11) 403 5650 Fax: +27 (11) 339 6785 www.csvr.org.za Cape Town office: Tel: +27 (21) 447 3661 Fax: +27 (21) 447 5356 Table of Contents 1. BACKGROUND 1 2. OVERVIEW OF TORTURE IN ZIMBABWE 3 2.1 The Liberation War 3 2.2 The Gukurahundi 3 2.3 The Food Riots 4 2.4 Post-2000 4 2.4.1 The “Farm invasions” 5 2.4.2 Elections 6 2.4.3 Operation Murambatsvina 7 2.4.4 The 2008 elections and the Global Political Agreement 8 3. PAST AND PRESENT TORTURE 9 4. PREVALENCE OF TORTURE SINCE 2000 11 4.1 Zimbabwe Human Rights NGO Forum 11 4.2 Evidence from the Zimbabwe courts 14 4.3 Amani Trust 15 4.4 ActionAid 16 4.5 WOZA survey 18 4.6 Justice for Agriculture survey 20 4.7 Refugee reports 22 4.8 Command responsibility 24 5. TORTURE IN 2008 27 5.1 The victims 30 5.1.1 Gender analysis 31 5.2 The perpetrators 31 5.2.1 Gender analysis 33 5.3 Types of torture 33 5.4 Command responsibility 35 6. CONCLUSIONS 37 Was torture widespread? 37 Was torture systematic? 38 7. RECOMMENDATIONS 39 Creating Peace 39 Creating healing 39 Creating justice 39 APPENDIX 1 41 Bibliography on Torture in Zimbabwe 41 1 BACKGROUND Although human rights violations have taken place in Zimbabwe over the past three decades, the major focus in this monograph will be upon the period 2000 to 2008, with special reference to 2008. It is evident from reports published over the years that there have been serious violations of human rights prior to this time, both during the Liberation War, and during the 1980s in Matabeleland and the Midlands, and, of course, neither of these two periods should be excluded from any process of accountability. Indeed, Zimbabweans have themselves already argued that there should be a full accounting for all human rights violations since the original occupation of the country in 19th century1. The kinds of accounting will obviously be very different for the various time periods: prior to 1965, it would seem that a Truth Commission process would be most appropriate, whilst, subsequent to this time, there have been strong arguments that a Truth, Justice, and Reconciliation Commission would be the appropriate mechanism.2 However, the major reason for selecting the period from 2000 onwards is to reflect a number of developments. Firstly, the UN Convention Against Torture only came into force in 1984, whilst the Rome Statute for the International Criminal Court only became operative in 2002. Thus, as regards international jurisdiction, no case of torture prior to 1984 could be considered by an international court, and no case regarding crimes against humanity can be considered in respect of events prior to July 2002, although the UN Security Council could act on its own as it did in the cases of the Former Yugoslavia and Rwanda. Of course, there could be no international objection to Zimbabwe examining all previous human rights violations through the setting up of its own domestic tribunal. After all, domestic remedy is a considerable improvement over international remedy, and indeed international remedy is there mostly to provide for situations where domestic remedy is not possible, for whatever reason. There is also no reason why an appeal to international customary law may not be considered in respect of any time period. Whether such an appeal to international customary law would have more than either political or symbolic significance is a moot point, but the point should nonetheless be made. However, the period from 2000 to 2008 has mainly been chosen because of the political significance of the various elections during this period, and the particular significance of gross human rights violations perpetrated in the subversion of normal democratic activities. Here the point is to highlight a new and sinister use of violence, what may be termed “subliminal terror”. The violations during 2008 are given especial emphasis as, from all reports; it would appear to the worst year for gross human rights violations since 2000. Secondly, and this is important, there is considerable evidence that the period since 2000 has seen the most sustained human rights violations in Zimbabwe’s history. This is not to argue that this period has seen a great number of deaths, for, compared to the Liberation War or the Gukurahundi of the 1980s, this is not the case, but it is certainly the case, as will be seen below, that the numbers of people affected by the violations since 2000 is much greater than even during the Liberation War. The difference lies in the kinds of violations, and, as will be seen, in the very sinister application of widespread torture in pursuit of political aims. Thirdly, the violations since 2000 conform strongly to the four-part definition of torture contained in the UN Convention against Torture. To re-iterate this definition, torture: Involves the infliction of severe pain and suffering, whether physical or mental; Done intentionally; Done with a purpose in mind – to intimidate, a force confession, etc; Done with the consent or acquiescence of a public official or other person acting in an official capacity. Torture is significant because it can not only form the basis for individual actions under the 1984 UN Convention Against Torture, but it can also form the basis for a charge of Crimes Against Humanity, as defined in the Rome Statute, where torture can be shown to be widespread and/or systematic. 1 See the Johannesburg Declaration and the Summary of the Johannesburg symposium, reported in Themba Lesizwe (2004), Civil Society and Justice in Zimbabwe, Proceedings of a symposium held in Johannesburg, 11-13 August 2003, PRETORIA: THEMBA LESIZWE. 2 See again Themba Lesizwe (2004), Civil Society and Justice in Zimbabwe, Proceedings of a symposium held in Johannesburg, 11-13 August 2003, PRETORIA: THEMBA LESIZWE. Page 1 An indictment for Crimes Against Humanity can be brought if any or more of the following can be demonstrated: Murder; Extermination; Enslavement; Deportation or forcible transfer of population; Imprisonment or other severe deprivation of physical liberty in violation of fundamental rule of international law; Torture; Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law; Enforced disappearance of persons; The crime of apartheid; Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. Furthermore these abuses must have taken place outside of obvious war, against a civilian population, and be either widespread or systematic, or both. As will be seen below, the evidence shows clearly that such violations have taken place on a very large scale since 2000, and, in addition, they have been geographically very widespread.. This monograph will establish the existence of systematic torture, and demonstrate its widespread application. It is necessary to establish the existence of systematic and widespread torture, for, whilst any clear case of torture will demonstrate that the Convention Against Torture has been violated, it is necessary to show that torture has taken place on a widespread or systematic scale to bring these crimes within the purview of the Rome Statute as crimes against humanity. Here it will be seen that the violations since 2000 are both widespread, both geographically and in the types of perpetrators involved, and, furthermore, that the violations are systematic in that they are significantly more frequent at times of elections, and not perpetrated in a manner that suggests inter-party political violence. Thus, this monograph will focus upon two related issues, with particular emphasis on 2008. Firstly, can it be established that there are credible reports of torture and other gross human rights violations, and, secondly, are these reports widespread and systematic? Widespread can have two meanings. In the first meaning, widespread can be taken to mean “geographically” widespread; that is, occurring in many different places in the country. In the second sense, it can mean applied by many different agencies, and, here, it refers to the widespread use of torture by many different government agencies – police, army, etc - and government-affiliated bodies – politicians, party supporters, etc. Both meanings will be examined here against some of the available data. In either sense, the implication can only be that the violations have taken place with the active consent or the condonation of the Government, and hence both acts of commission or omission can render the Government liable.
Load more

Recommended publications
  • ZIMBABWE Review of Rights Discourses in Zimbabwe
    ZIMBABWE Review of Rights Discourses in Zimbabwe Produced by Professor G. Feltoe and Dr. E. Sithole University of Zimbabwe Updated January 2010 Harare 1 Introduction This paper examines the legal and social context of human rights discourses in Zimbabwe. It looks at the current constitutional framework, other laws bearing on human rights, the ratification of international and regional human rights instruments and compliance therewith. It examines the evolution of such discourses, focusing on the role played by civil society organisations in advancing human rights, the obstacles they have encountered, the strategies they have adopted and the impact of these strategies. In order to do this, the paper explores the power structures within the Zimbabwean state and the way in which power has been exercised particularly since 2000. ―Human rights‖ refers to universally accepted human rights. The term refers to civil and political rights, social, political and cultural rights and third generation human rights such as environmental rights and developmental rights. ‗Human rights discourses‘ refers to political, legal, social and civic debates in which human rights is a central focal point. Some of the key questions which the review seeks to answer are the following: 1. In what ways and at what stages have human rights discourses emerged and evolved in Zimbabwe? 2. Which non-state and state actors and agencies have been most prominent in raising and advancing issues of human rights? 3. What types of human rights have the actors and agencies sought to advance? 4. What approaches and strategies have they employed? 5. What obstacles have they faced and how have they attempted to overcome these obstacles? 2 6.
    [Show full text]
  • The Zimbabwean Human Rights Crisis: a Collaborative Approach to International Advocacy
    Davidson and Purohit: The Zimbabwean Human Rights Crisis: A Collaborative Approach to International Advocacy Note from the Field The Zimbabwean Human Rights Crisis: A Collaborative Approach to International Advocacy Lorna Davidson and Raj Purohitt Over the past several years, a serious human rights crisis has developed in Zimbabwe, where President Robert Mugabe employs repressive measures to cling to power. Civil society and human rights groups in Zimbabwe are among those who have come under attack by the government, and they face an extremely difficult challenge in bringing about positive change in the country. This article describes the development of the current crisis in Zimbabwe, focusing on the problems faced by local activists and organizations that seek to promote greater respect for human rights. It further discusses one recent initiative launched by the U.S.-based organization Human Rights First,which organized a consultative meeting of regional civil society groups in August 2003. The article addresses the role that can and should be played by internationalcivil society organizations, which must be sensitive to the contextual dynamics particularto the Zimbabwean crisis and to the region. If they are to be in any way effective, such organizations must act in supportof local actors and stronger regional networks. t Lorna Davidson is a Senior Associate in the Human Rights Defenders Program at Human Rights First in New York, N.Y, and Raj Purohit is the Legislative Director in the Washington, D.C. Office of Human Rights First. Human Rights First is the new name for the Lawyers Committee for Human Rights as of February 2004.
    [Show full text]
  • “Operation Murambatsvina”
    AN IN -DEPTH STUDY ON THE IMPACT OF OPERATION MUR AMBATSVINA/RESTORE ORDER IN ZIMBABWE “Primum non Nocere”: The traumatic consequences of “Operation Murambatsvina”. ActionAid International in collaboration with the Counselling Services Unit (CSU), Combined Harare Residents’ Association (CHRA) and the Zimbabwe Peace Project (ZPP) Novemberi 2005 PREFACE The right to govern is premised upon the duty to protect the governed: governments are elected to provide for the security of their citizens, that is, to promote and protect the physical and livelihood security of their citizens. In return for such security the citizens agree to surrender the powers to govern themselves by electing representatives to govern them. This is the moral contract between those who govern and those who are governed. For any government to knowingly and deliberately undermine the security of its citizens is a breach of this contract and the principle of democracy. Indeed, it removes the very foundation upon which the legitimacy of government is based. Just as there is an injunction upon health workers not to harm their patients - ‘primum non nocere”, “first do no harm” - so there must be an injunction upon governments that they ensure that any action that they take or policy that they implement will not be harmful. This is the very reason why there was formed in 2001 the International Commission on Intervention and State Sovereignty of the United Nations promulgating the “Responsibility to Protect”: States have an obligation to protect their citizens, and the international community has an obligation to intervene when it is evident that a state cannot or will not protect its people.
    [Show full text]
  • A History of Zimbabwe, 1890-2000 and Postscript, Zimbabwe, 2001-2008
    A History of Zimbabwe, 1890-2000 and Postscript, Zimbabwe, 2001-2008 A History of Zimbabwe, 1890-2000 and Postscript, Zimbabwe, 2001-2008 By Chengetai J. M. Zvobgo A History of Zimbabwe, 1890-2000 and Postscript, Zimbabwe, 2001-2008, by Chengetai J. M. Zvobgo This book first published 2009 Cambridge Scholars Publishing 12 Back Chapman Street, Newcastle upon Tyne, NE6 2XX, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2009 by Chengetai J. M. Zvobgo All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-4438-1360-5, ISBN (13): 978-1-4438-1360-0 To Kelebogile Clara and Ruvimbo Heather And to the memory of Eddison. TABLE OF CONTENTS Acknowledgements .................................................................................. xiii Preface....................................................................................................... xv Summary ................................................................................................. xvii Introduction ............................................................................................... 1 Chapter One............................................................................................. 11 From the Occupation of Mashonaland to the Ndebele and Shona Risings,
    [Show full text]
  • Sanctions and Human Rights: the Role of Sanctions in International Security, Peace Building and the Protection of Civilian’S Rights and Well-Being
    DOCTORAL THESIS SANCTIONS AND HUMAN RIGHTS: THE ROLE OF SANCTIONS IN INTERNATIONAL SECURITY, PEACE BUILDING AND THE PROTECTION OF CIVILIAN’S RIGHTS AND WELL-BEING. CASE STUDIES OF IRAN AND ZIMBABWE. STUDENT: CHIDIEBERE, C. OGBONNA SUPERVISORS: DR. JOSÉ ÁNGEL RUIZ JIMÉNEZ DR. SOFIA HERRERO RICO Castellón, 2016 Dedication To my parents: Nze, George and Lolo, Veronica Ogbonna And to my two brothers: Chukwunyere and Iheanyichukwu And my Love: Chigozie, R. Okeke i Epigraph i will not sit head bent in silence while children are fed sour bread and dull water i will not sit head bent in silence while people rant for the justice of death i will not sit head bent in silence while gossip destroys the souls of human beings i will not sit head bent in silence at any stage of my life and i will depart this world with words spitting from my lips like bullets …too many pass this way heads bent in silence (Alan Corkish, 2003) ii Acknowledgements It has been years of thorough commitment, thorough hard-work and unquantifiable experience. May I use this opportunity to say a big thank you to everybody that contributed in one way or the other to my success, sustenance and improvement over these years of intensive academic pursuit. Of special mention are my parents Nze, George and Lolo, Veronica Ogbonna. Also my appreciation goes to Gabriela Fernández, Barrister Uzoma Ogbonna, Mr. Kelvin Iroegbu, Chinedu Anyanwu, Magnus Umunnakwe and Mr. Lawrence Ubani. More so, it is imperative to acknowledge my past teachers and academic counsellors, who set the stage running through meticulous advice, guidance, inspiration and constructive criticisms.
    [Show full text]
  • Zimbabwe: Human Rights in Crisis
    Zimbabwe: human rights in crisis Shadow report to the African Commission on Human and Peoples‘ Rights May 2007 This report is a response to the state report submitted by the government of Zimbabwe to the African Commission on Human and Peoples‘ Rights. Each chapter of this report was produced by a different human rights organization, and each organization takes responsibility for the content of its chapter. CONTENTS Introduction ..................................................................................3 Context ........................................................................................ 3 This shadow report ........................................................................ 4 Chapter 1: Human rights violations under the land reform programme and Operation Murambatsvina ...................................5 Human rights violations under the land reform programme................. 6 Human rights violations during Operation Murambatsvina................. 11 Conclusion.................................................................................. 16 Chapter 2: Attacks on the rule of law ..........................................18 Independence of the courts: Article 26........................................... 18 Respecting and implementing Charter rights: Article 1 ..................... 22 Equality before the law and equal protection of the law: Article 3 ..... 22 Liberty and security: Article 6 ....................................................... 24 The right to a fair trial: Article 7...................................................
    [Show full text]
  • Over Again Human Rights Abuses and Flawed Electoral Conditions in Zimbabwe’S Coming General Elections
    March 2008 Volume 20, No. 2(A) All Over Again Human Rights Abuses and Flawed Electoral Conditions in Zimbabwe’s Coming General Elections Glossary of Acronyms .............................................................................................. 1 I. Summary..............................................................................................................2 II. Methodology........................................................................................................5 III. Recommendations ............................................................................................. 6 To the Government of Zimbabwe........................................................................ 6 To Opposition Parties..........................................................................................7 To the Zimbabwe Electoral Commission ..............................................................7 To the Southern African Development Community ...............................................7 To Local and International Observers ................................................................. 8 IV. Background.........................................................................................................9 State-Sponsored Violence and Intimidation against Opposition Members and Human Rights Defenders in 2007 ......................................................................10 Failure of SADC Mediation Talks........................................................................ 11 V. Electoral Institutions
    [Show full text]
  • Christian Aid Annual Report and Accounts 2016/17
    Christian Aid annual report and accounts 2016/17 We believe in life before death Cover: Children in Jharkhand, India hold freshly caught fish. Our partner set up a community fishery project as part of our Poorest Areas Civil Society programme, helping 4,000 people from excluded communities to earn a sustainable income from fishing. Photographer: Firoz Ahmad England and Wales registered charity number. 1105851 Scotland charity number. SC039150 UK company number. 5171525 Registered with The Charity Commission for Northern Ireland NIC101631 Company number NI059154 Republic of Ireland Charity Commission number 20014162 Company number 426928. The Christian Aid name and logo are trademarks of Christian Aid. Christian Aid is a member of ACT Alliance. © Christian Aid September 2017 J33061 Contents Letter from the Chair 4 Letter from the Chief Executive 5 Objectives and activities 6 Our work around the world 7 Highlights from our year 8 Strategic report 9 Power to change institutions 9 The right to essential services 13 Fair shares in a constrained world 16 Equality for all 19 Tackling violence, building peace 22 Our humanitarian work 25 Supporter partnerships 28 Plans for the future 30 Principal risks 32 Financial review 41 Structure, governance and management 47 Statement of Trustees’ Responsibilities 55 Auditor’s report 56 Financial statements 58 Reference and administrative details 93 Acknowledgements 95 4 Christian Aid Annual Report 2016/17 Letter from the Chair Letter from the Chair This has been a year of unusual upheaval in public life, warm response to our South Sudan appeal, while the nationally and internationally. There has been a revolt Disasters Emergency Committee (DEC) appeal for East against internationalism, a deepened suspicion of Africa has raised £55m for the 16 million people facing globalised identities and agencies, and palpable anger starvation and conflict in the region.
    [Show full text]
  • ODCCP Studies on Drugs and Crime MONOGRAPHS
    ODCCP Studies on Drugs and Crime MONOGRAPHS THE DRUG NEXUS IN AFRICA Publications under the ODCCP Studies on Drugs and Crime Series may be the work of one or more staff members or organizational units of ODCCP, or the result of joint efforts involving ODCCP and other United Nations entities. ODCCP may also commission contributions from independent experts. Whenever appropriate, authorship is identified. The ODCCP Studies on Drugs and Crime incorporates the United Nations Crime Prevention and Criminal Justice Newsletter and the three categories of publications previously printed under the UNDCP Technical Series (Monographs, Statistical Summaries and Analyses, and Manuals and Guidelines). The present document represents issue # 1 in the Monograph series. The views expressed in the publications do not necessarily reflect the official policy of the Secretariat of the United Nations or the United Nations Office for Drug Control and Crime Prevention. Material published in the ODCCP Studies on Drugs and Crime is the property of the United Nations and enjoys copyright protection, in accordance with the provision of the Universal Copyright Convention Protocol 2, concerning the application of that convention to the works of certain international organizations. Request for permission to reprint signed material should be addressed to the secretary of the Publications Board, United Nations, New York, N.Y. 10017, United States of America. © Copyright United Nations, 1999 - All rights reserved - Printed in Austria THE DRUGNEXUS INAFRICA March1999 Vienna
    [Show full text]
  • Covid-19 Addendum
    ZIMBABWE COVID-19 ADDENDUM Part 6 COVID-19 Addendum SHAMVA DISTRICT, MASHONALAND CENTRAL PROVINCE A beneficiary washes her hands before entering a food distribution in Shamva district. Photo:WFP/Claire Nevill 46 ZIMBABWE COVID-19 ADDENDUM COVID-19 Response at a Glance PEOPLE IN NEED PEOPLE TARGETED REQUIREMENTS (US$) OPERATIONAL PARTNERS 7.5M 5.9M $84.9M 37 People in Need and Targeted Requirements by Cluster H M Me Hurungwe Cy/ Mabani M F S M U Dwin Rushinga MASHONALAND CENTRAL Karoi M Guruve Mwi M Shamva M AIBA Kariba Zvimba B Pfungwe Cyi U M Mowe MASHONALAND EAST Education Ba Moko Nth MASHONALAND WEST Nton Goromonzi HARARE Mehwa B South Sanyati C Water S U Nanga V Monder M Kadoma M Town Seke U U C H WASH U MIDLANDS Mondera MANICALAND M-N Hdweza Rusape M Lupane Kwekwe MATEBELELAND NORTH K Nyi C N U M Hwange Redcliff M U C Ba urban Gutu Me Tsholotsho B Gweru U U P BV Byo C M MASVINGO I B C M Zvishavane U B Zvishavane U Z U U M C Potection Plumtree Mengwa MATEBELELAND SOUTH 2M C C Potection U U M Mobo M Gwanda Cedzi B SM M Propor IN Targeted B P geted U R 02M People in Need and Targeted by Cluster Operational Partners by Type Water S M H WASH 2M F S 0M M NNO Education M 9 M INO H M 18 0M PBV 2M 845K PP 22M UN 22 0 MS 20M 20 0M N 353K 2 S 91K In addition to the humanitarian response requirements, R 14K $4.5 million is needed to support Governance interventions 14K dination and $22.5 million for social protection, which will be 953 M 953 carried out by development actors.
    [Show full text]
  • Research Council Book.Pmd
    RESEARCH COUNCIL OF ZIMBABWE proceedings of the seventh symposium on science and technology 1 RESEARCH COUNCIL OF ZIMBABWE proceedings of the seventh symposium on science and technology RESEARCH COUNCIL OF ZIMBABWE VOLUME VII PROCEEDINGS OF THE SEVENTH SYMPOSIUM ON SCIENCE AND TECHNOLOGY Impact of Innovative Science and Technology on National Wealth Creation September 1-3, 2004 2 RESEARCH COUNCIL OF ZIMBABWE proceedings of the seventh symposium on science and technology Research Council of Zimbabwe Block A Delken Complex Mt Pleasant Business Park P O Box CY294 Causeway Harare Tel: 263-04-369407/8 Fax: 263-04-369409 Email: [email protected] Website: www.rcz.ac.zw 3 RESEARCH COUNCIL OF ZIMBABWE proceedings of the seventh symposium on science and technology PREFACE The 7th Symposium on Science and Technology with the theme: Impact of Innovative Science and Technology on National Wealth Creation” was held on 1 – 3 September 2004. Like six others before it, this Symposium brought together research stakeholders from Government, industry and academia. The Research Council of Zimbabwe (RCZ) continues to organise these symposia in order to popularise research and development especially in, but not limited to, S&T and to provide a platform for the dissemination and documentation of that research. The symposia are also regular reminders to renew political commitment to invest more and better in research at all levels. It is hoped that all the stakeholders now understand that investment in research is more or less the last ‘bullet’ towards the country’s socio-economic development and lasting independence particularly so as we have to rely increasingly on a knowledge-based economy.
    [Show full text]
  • "Torture" As a Human Rights Violation in Zimbabwe
    A General Legislative Analysis of "Torture" as a HumanH CHITIMIRA Rights & Violation P MOKONE in ZimbabwePER / PELJ 2017 (20) 1 H Chitimira* and P Mokone** Abstract Pioneer in peer -reviewed, open access online law publications Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s Author to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, Howard Chitimira Pontsho Mokone especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a Affiliation human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of North-West University human rights in Zimbabwe. The article also discusses the legal South Africa position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Email Zimbabwe. This is done to investigate the adequacy of the legal [email protected] framework in Zimbabwe with regard to the combatting of torture. [email protected] In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to Date published determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of 6 June 2017 Zimbabwe Amendment (No 20) Act, 2013 (Zimbabwe Constitution, 2013) prohibits torture, more may still need to be Editor Dr A Gildenhuys done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe How to cite this article Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe.
    [Show full text]