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.” 9.1.4 The findings reveal that following the altercations between the police and touts at the Chiremba turnoff bus stop on the 4th of July 2016, the police instigated systematic torture i.e. torture which was organized in that it targeted men on the basis that the touts, who were men, had fought the police, and therefore to punish the touts or men in the immediate residential place of Chiremba bus turnoff bus stop for an act committed or suspected of having been committed by them. 9.1.4.1 Torture was perpetrated through beating with baton sticks, including falanga, i.e. beating under the feet, beating with open hands, kicking with boots and unleashing of police dogs on men. Torture, in accordance with the definition and elements discussed above were satisfied by the actions of the police. 9.1.4.2 Despite the touts having attacked the police, it is important to observe and reiterate the interpretation that was given by the Supreme court in the Mukoko case (supra) that “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. (Emphasis added) 9.1.4 The amount of force, evidenced by the injuries sustained by some of the Complainants as corroborated by medical experts interviewed reveal a case of Police Brutality. Police Brutality is defined as; “The use of excessive and/or unnecessary force by police when dealing with civilians. “Excessive use of force” means a force well beyond what would be necessary in order to handle a situation.”4 4 The Law Dictionary, available online at http://thelawdictionary.org/article/what-is-police-brutality/. Page 30 of 37