4
be arguing, in common with others writing in the field of humanitarian law, that reparation is
a global concept, covering three crucial and interdependent aspects: justice, compensation
and rehabilitation. I shall further argue, using Zimbabwe as a case example, that a policy of
reparations that does not include all three aspects cannot repair the situation created by gross
human rights violations.
Torture in Zimbabwe
Zimbabwe has an explicit provision against torture in its Constitution, where Section 15
states that “ a person may not be subjected to torture or to inhuman or degrading punishment
or other such treatment”. Furthermore, Zimbabwe is a signatory to the International Covenant
on Civil and Political Rights, and to the Declaration of Human and Peoples Rights of the
Organisation of African Unity. It is still not a State Party to the Unites Nations Convention
Against Torture.
Zimbabwe has seen torture in all of the past three decades. Prior to Independence in 1980 the
soldiers, policemen and officers of intelligence units used torture on a widespread basis
during the liberation war. Captured liberation fighters were usually viciously tortured and
thousands of civilians were also subjected to torture. The extent of this torture is documented
in such number of publications of the Catholic Commission for Justice and Peace in
Zimbabwe and other books.
5
The evidence for torture during the Liberation War and its
effects has been more recently detailed by the AMANI Trust. 6 Here we estimate on the basis
of epidemiological research that 1 adult in 10 currently suffers the sequelae of organisaed
violence and torture from the 1970 war. The soldiers of the guerrilla forces were also not
immune from perpetrating torture, although the documented evidence shows few survivors,
mostly because torture occurred in the context of an execution and hence few survivors.
Since 1980 torture has been used from time to time. During investigations into cases of
sabotage and espionage, intelligence units and the police often made use of torture to extract
information from persons who were suspected of having committed these offences. For
instance in the cases of S v Slatter7 & Others and S v Harington8. In the first case a number
of air force officers were badly tortured in order to obtain confessions, and the judge ruled
that their confessions were inadmissible. In the second case a woman who was being held in
5
See CCJP[1975], The Man in the Middle; CCJP[1976], Civil War in Rhodesia 1976; CCJP[1977], Rhodesia The Propaganda
War 1997; and Bruce Moor King [1987], White Man Black War, HARARE: BAOBAB PRESS.
6
See AMANI[1998], Survivors of Torture and Organised Violence from the 1970s War of Liberation, HARARE:
AMANI; REELER ET AL[1999], The prevalence of disorders due to torture in Mashonaland Central Province,
Zimbabwe[submitted for publication];
7
8
1983 (2) ZLR 144 (H)
1988 ZLR 144 (S)