6 CONCLUSIONS When political violence occurs on the scale seen in Zimbabwe since 2000, and especially in 2008, no brief analysis of the reports in the pubic domain, even if based upon empirical reporting, can do justice to the problem. However, it is apparent from this review that torture (and other gross human rights violations) has been perpetrated on an epidemic scale. Torture, moreover, has been a persistent feature of Zimbabwean political life for decades, and there is little sign that it will disappear in the near future. Current cases involving Jestina Mukoko and her fellow abductees, that are now a huge blemish upon the GPA, are a microcosm of what has come before. As was seen from the review of published reports prior to 2008, torture has been prevalent since 2000, and has been increasing in frequency since 2005. The events of 2008 are different in magnitude, but not in kind, and it is apparent that all the features of the elections in 2000 and 2002 – “bases”, involvement of “war veterans”, widespread involvement of militia composed of ZANU PF supporters, the active involvement of the ZNA, and both the participation and covering up by the ZRP – have all re-emerged with a vengeance in 2008. Was this merely political violence, or is the evidence pointing to something much more serious: crimes against humanity? Although the incidents of torture seem clearly to conform to the definition in the United Nations Convention Against Torture [CAT], it should be borne in mind that torture is not merely an individual crime in international human rights law, but, if is can be shown to have been committed systematically, on a widespread scale, against a civilian population, and in a time of peace, then this will be prima facie grounds for asserting that a crime against humanity was committed. Was torture widespread? On the data reviewed here, the answer can be unequivocal: torture was widespread during the period under review. On all reports reviewed, torture had increased since 2005 and was most frequent in 2008. Cases of torture were found in nearly every district of Zimbabwe for which data was available, and, although the frequency varied over the districts, with some districts reporting many more cases of torture, all districts reported cases of torture. The violence (and the torture) was much worse in the three Mashonaland Provinces, Manicaland, Masvingo, and the Midlands, and this was strongly reminiscent of the pattern seen in the elections in 2000 and 2002. Torture was also widespread in the sense that it was perpetrated by a very wide range of groups. As was seen in this review, supporters of ZANU PF, the so-called “war veterans”, the Zimbabwe Republic Police, the Zimbabwe National Army, and the Central Intelligence Organization have all been implicated in the reports given to Zimbabwean human rights groups. Furthermore, there is considerable consistency and corroboration between the various reports. Of special interest is the widespread application of particular forms of torture, and here the enormous increase in cases of falanga deserves special mention. Firstly, falanga, because it requires restraint, is unequivocally torture when applied by any person who is either an agent of the state or acting with the approval of the state. Secondly, because it would appear that falanga has become widespread, it suggests that training in the technique for the perpetrators. It should also be mentioned that other kinds of systematic beatings support the notion that torture has been widespread. The numbers of reports in which there have been systematic beatings of the buttocks have proliferated since 2008. These reports – of systematic beating of the buttocks or falanga – are not consonant with political violence as is commonly understood - as violent clashes between members of opposing political parties. Forensically, the kinds of injuries seen in violent battles between (usually) men are not targeted on focused parts of the body, but will be seen in injuries distributed all over the bodies of the injured. It is thus possible to assert with a high degree of confidence (and strongly supported by the few detailed medical examinations of victims published)103 that torture has been widespread in Zimbabwe in 2008, and also in the years since 2000. 103 Here see IRCT (2000), Organised Violence and Torture in Zimbabwe, 6th June 2000, Copenhagen and Harare, COPENHAGEN & HARARE: IRCT & AMANI TRUST; IRCT (2001) Organised Violence and Torture in Zimbabwe, 24th May 2001, Copenhagen and Harare, COPENHAGEN & HARARE: IRCT & AMANI TRUST; Physicians for Human Rights (2002), Zimbabwe 2002. The Presidential Election: 44 days to go. Physicians for Human Rights, Denmark, 24 January 2002; Physicians for Human Rights (2002), Zimbabwe: Post Presidential Election – March to May 2002. “We’ll make them run”. Physicians for Human Rights, Denmark, 21 May 2002; OSISA (2007), “We have degrees in violence”. A Report on Torture and Human Rights Abuses in Zimbabwe. A Report by The Open Society Initiative for Southern Africa, The Open Society Institute, & The Bellevue/NYU Program for Survivors of Torture. December 2007. JOHANNESBURG: OPEN SOCIETY FOR SOUTHERN AFRICA. Page 37

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