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.” 9.1.4. The ZHRC findings reveal that following the aftermath of the 14th of January 2019 disturbances, armed and uniformed members of the Zimbabwe National Army and the Zimbabwe Republic Police instigated systematic torture i.e. torture which was organized in that it targeted men who stay near areas where barricades had been placed to stop people from going to their places of employment, near the areas that were torched by protestors and areas that were looted. They also targeted shared homes where they would round up many men in one house. In some instances, it was also noted that those aligned to the Movement for Democratic Change (Alliance) were also specifically targeted for example Members of Parliament, Councillors and other active members. a) Torture was perpetrated through beating the men with baton sticks on their backs while they lay on the ground, including falanga.12 Torture, in accordance with the definition and elements discussed above, was perpetrated by the police and the soldiers. b) Even though members of the public had vandalized a lot of property including police stations, placed barricades on the roads to stop people from going about their daily business and had looted from 12 Falanga is beating under the feet and beating with open hands. Page 62 of 68

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