Recently members of Women of Zimbabwe Arise organisation were assaulted by the police when
they tried to stage a demonstration in Bulawayo.36
Some decided cases on torture of persons in police custody
In the case of Karimazondo & Anor v Minister of Home Affairs37, a man and his wife were both
arrested on allegations of murder. The charges were subsequently dropped. The man was a
serving police officer. His wife was badly tortured while in custody. She was beaten on her
genitals with batons; her fingers and toes were stamped on and she was also kicked with boots;
she was hung from a beam and beaten on her back and shocked on the back with electricity. As
a result of the torture, the woman suffered long-lasting physical and psychological effects, full
details of which were disclosed in medical reports. The High Court held that the circumstances of
the case were exceedingly grave and warranted a substantial award of damages. The actions of
the police were in flagrant and reckless disregard of the rights of the plaintiffs. The fact of the
detention in itself created a hardship. The brutality and callousness with which the assaults were
perpetrated on the first plaintiff instilled in any right thinking person a sense of horror and shock.
The unlawful and inhumane treatment to which the first plaintiff was subjected to was totally
unnecessary, vindictive and malicious. The court would make an award which in money terms
expressed its disapproval of the seriousness, brutality and humiliating effect of such treatment.
In the case of S v Reza38, two police officers beat the complainant on the soles of his feet – this
form of torture is known as falanga. The beating was done to try to force the prisoner to confess
to stock theft. The prisoner did not confess and he was later released. The police officers were
charged with assault with intent to cause grievous bodily harm. High Court Judges Chinhengo
and Makarau stated that what had been done to the prisoner amounted to torture under
international law because the physical assault caused intense pain and was done to try to force a
confession. The court said that such action on the part of the police called for severe censure in
terms of punishment.
In the case of Mugwagwa v Minister of Home Affairs and Commissioner of Police 39, the High
Court awarded the claimant substantial damages for an assault upon him by the police. The
36
37
38
39
“Zim protesters released “DPA, 2 December 2006; WOZA activists released, two hospitalised.
zimbabwejournalists.com. 3 December 2006.
2001 (2) ZLR 363 (H)
HH-02-2004
HH-183-2004
Who guards the guards? Violations by the Zimbabwe Republic Police, 2000 to 2006
Select target paragraph3
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