Complaint No: ZHRC/CI0041/15
Key Issues
Right to human dignity Sec 51 Constitution
Freedom from torture or cruel, inhuman or degrading treatment or
punishment Sec 53 Constitution
Right to personal liberty Sec 49 Constitution
Freedom of movement and residence Sec 66 Constitution
Right to administrative justice Sec 68 Constitution
Rights of arrested or detained persons Sec 50 Constitution
THE COMPLAINT
1.
A complaint on the disappearance and alleged violation of the victim’s right to
personal liberty and freedom from torture or cruel, inhuman or degrading
treatment or punishment of Kariborn Nyemba (hereinafter referred to as the
victim) was filed by Honourable Chiwa, the Member of Parliament for Chiredzi,
who had been requested to do so by the victim’s relatives in 2015.
2.
The violations are alleged to have been committed in May 2015 by a Captain
of the Zimbabwe National Army, one Edmore Gono working in cahoots with an
Officer in the Criminal Intelligence Unit of the Zimbabwe Republic Police, one
Detective Inspector Henry Dhowa. The complaint was lodged at the Zimbabwe
Human Rights Commission Offices in July 2015 by the 1st Complainant and
this was within the period allowed by Section 4 (a) of the Zimbabwe Human
Rights Commission Act.
3.
The ZHRC began its investigations into the matter in August 2015. The relevant
respondents were afforded the chance to state their side of the story. Witnesses
for the complainants and respondents were also questioned.
National Legislation
Constitution of Zimbabwe, Sections 49, 51, 52, 53, 66
Regional Conventions
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