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