go and dump the victims at different police stations or in other unidentified places. When questioned for
details, the police members manning the police station where the victims would have been dumped
often profess ignorance. This kind of behavior is built over time because of impunity and general decay
in the governance systems of accountability for state security institutions.
It is a commonly held view in police circles that talk of adhering to human rights standards has the
potential to make the police look weak and inefficient and thus they should look and act tough. This
often leads to human rights violations by the police.
It is not uncommon to hear members of the police noting that the only people who talk about human
rights when it comes to the police are opposition political parties.⁴² With the toxicity and negative
views held by the ruling party towards opposition political parties in Zimbabwe, the police in most
instances have resorted to towing the line and apportioning a “criminal” tag to opposition political
parties who are then as seen as destabilizers, enemies to peace, and agents of imperialist foreigners.
These views give the police the gusto to be able to commit some of the common violations recorded by
the Forum.
Following superior orders
In court proceedings and off the record conversations, the Forum notes that often members of the police
have reported that they carry out human rights violations at the behest of their superiors. It is noted that
junior officers would be afraid of refusing to disobey their superiors. Principle 26 of the UN Basic
Principles on the Use of Force and Firearms proscribes this:
Obedience to superior orders will be no defense if law enforcement officials know that an order
… was manifestly unlawful and had a reasonable opportunity to refuse to follow it …
This situation is quite challenging in a country such as Zimbabwe where it is difficult to draw the line
between those who hold political positions in government and those who seemingly hold “political”
positions in the police force. The language that has been used over time especially by senior police
officers showed a bias towards the Robert Mugabe regime. The orders given to junior officers who were
reportedly meant to prop up the regime were noted. It can also be discerned from the conversations with
some key informants that the messages from the senior officers became blurred to the point that they
seemed legal.
Ineffective police oversight and complaints mechanisms
Most progressive nations have oversight complaints mechanism that handle the security services
sectors in their countries. These bodies are usually manned by civilians who receive and deal with
complaints on the security sector by the public. When a police officer breaks the law, it is important that
the police's special powers over law enforcement aren't misused in a way that allows the officer to
escape a proper investigation. The civilian oversight of police is crucial for holding police accountable
when police break the law or otherwise engage in wrongdoing. Section 210 of the Zimbabwe
Constitution says that “an Act of Parliament must provide an effective and independent mechanisms for
⁴² Promoting Police Observance of human rights: Master Thesis, Faculty of Law University of Lund, Goreti Mudzongo, 2002.
Anti-Impunity Report
21
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