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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