coercing him or a third person, or for any reason based on
discrimination of any kind.
10.6
From the investigations, the ZHRC was not provided with medical
documentary evidence or any corroborative evidence to support the
claim of torture. This was because the victim did not seek medical
attention due to fear and the fact that there were no independent
witnesses to the torture. However, the ZHRC found the victim’s version
of facts to be credible and what happened to the second complainant fits
into the definition of torture. He was hand and foot cuffed and had a piece
of wood shoved down his anus during detention with the intention of
forcing him to incriminate his brother, the 1st Complainant. The victim
was also forced to drink some pills which caused him to fall into a deep
slumber. He was denied food, assaulted and kept naked. All these acts,
including the act of firing a gun several times close to complainant’s ears
must have caused complainant severe physical and mental suffering.
The persons who subjected complainant to torture were public officials,
being members of the 1st and 2nd Respondents. On this ground,
complainant’s right to be free from torture, cruel, inhuman and degrading
treatment was violated.
11.
Whether the victim’s freedom of movement and residence was violated?
11.1
Section 66 (2) of the Constitution provides:
“(2) Every Zimbabwean citizen and everyone else who is
legally in Zimbabwe has the right to—(a) move freely
within Zimbabwe; (b) reside in any part of Zimbabwe….”
(emphasis added)
11.2
Article 13 (1) of the Universal Declaration of Human Rights states
that "everyone has the right to freedom of movement and residence
within the borders of each State”. Article 12 (1) of the International
Covenant on Civil and Political Rights provides for the right to liberty
17 | P a g e
Select target paragraph3
Add to table of contents