treatment. In the case of Mukoko v Attorney General SC 11/12, the court
discussed freedom from torture and stated as follows:
The prohibition protects the dignity and physical integrity of
every person regardless of his or her conduct. No
exceptional circumstance such as the seriousness of the
crime the person is suspected of having committed, or the
danger he or she is believed to pose to national security can
justify infliction of torture, or inhuman or degrading
treatment. There cannot be a value in our society over which
there is so clear a consensus as the prohibition of torture
inhuman and degrading treatment of a person in the custody
of a public official. That such a treatment should never form
part of the techniques of investigation of crimes employed
by law enforcement agents, is a restatement of the principle
that the law which it is their duty to enforce, requires that
only fair and humane treatment ought to be applied to a
person under criminal investigation” (Emphasis added)
10.2
Freedom from torture is also provided for in international law. Article 1
of Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment defines torture as:
“….any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he
or a third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person,
or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of
or with the consent or acquiescence of a public official
or other person acting in an official capacity. It does not
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