9. Analysis of Violations of Human Rights and Application to Findings 9.1. Freedom from Torture or Cruel, Inhuman or Degrading Treatment or Punishment. 9.1.1. Although Zimbabwe has not ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), in determining the question of whether torture has been perpetrated, the definition of torture as provided for in Article 1 of the Convention is most apt. Article 1 of the Convention provides that, “... torture means 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 include pain or suffering arising only from, inherent in or incidental to lawful sanction.” 9.1.2. In accordance with the definition of torture set forth in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the essential elements of torture are therefore as follows: 1. The perpetrator must intentionally inflict severe physical or mental pain or suffering upon the victim for one or more of the following purposes: (a) To obtain information or a confession from the victim or a third person; Page 60 of 68