allegations. At the time of writing police were yet to indicate whether they would
comply with the order to conduct an independent investigation into the incident.61
In many cases, incidents of torture and mistreatment are not reported to the police,
and victims seek medical attention in only the most severe cases. Victims of human
rights abuse have few avenues for seeking justice and redress for abuses perpetrated
against them.62 According to lawyers interviewed by Human Rights Watch, there are no
proper internal police mechanisms for investigating cases of police abuse within the
Zimbabwe Republic Police force.63 In addition, Zimbabwe has no independent external
body to adequately deal with cases of human rights abuses.64
In March 2006, the government declared that it would establish a Human Rights
Commission to deal with violations of human rights in the country.65 However,
human rights activists are skeptical about the government’s intentions and have
questioned whether such a commission would be able to operate independently and
impartially in the current political climate.66
Human rights activists also report that medical practitioners sometimes find it
difficult to prove cases of assault and torture. One activist interviewed by Human
Rights Watch said:
61
Human Rights Watch interview with Alec Muchadehama, Harare, October 4, 2006. See also “Police defy magistrates order
to investigate claims,” IRINnews, October 6, 2006, http://www.irinnews.org/report.asp?ReportID=55856 (accessed October 6,
2006).
62
According to Zimbabwe’s constitution, section 76 (4a), complaints about torture can be lodged with the police or the
Attorney General may order and investigation into allegations of torture or other abuse. In general, the police are responsible
for carrying out investigations into all crimes. There is no special procedure relating to a person in custody who raises a
complaint about torture. Under section 113 (5) of the Criminal Procedure and Evidence Act, if a person appears in court and
informs the magistrate that he or she has been tortured or abused while in custody, then the magistrate can order an
investigation into the allegations. For more on this see to Redress (London), “Torture in Zimbabwe, Past and Present:
Prevention, Punishment, Reparation? A Survey of Law and Practice,” June 2005,
http://www.redress.org/country_zimbabwe.html (accessed October 25, 2006), p. 24.
63
Human Rights Watch interviews with human rights lawyers, Harare, September 22 – October 4, 2006.
64
The Ombudsman’s office is the only body in Zimbabwe that is mandated to investigate the actions of government officials
including abusive actions taken by state officials against members of the public, but the Ombudsman Act, 1982 precludes the
Ombudsman from investigating the actions of the police, army, and prison services. See Redress, “Torture in Zimbabwe, Past
and Present,” pp. 10−17; Redress, ”Zimbabwe: From Impunity to Accountability: Are Reparations Possible for Victims of Gross
and Systematic Human Rights Violations?” March 2004, http://www.redress.org/country_zimbabwe.html (accessed October
25, 2006), p. 29.
65
Violent Gonda, “Zimbabwe to set up own human rights commission,” SW Radio Zimbabwe news, March 27, 2006.
66
Tino Zakhata, “Storm over human rights commission,” IWPR, June 23, 2006.
23
Human rights watch November 2006
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