REDRESS therefore prepared a comprehensive Memorandum of Law for UNMIK, which
included a synopsis of the present human rights crisis in Zimbabwe, with emphasis on
the role of the ZRP and the impunity enjoyed by torturers within its ranks.24 Attention
was drawn to the inescapable fact that as the police themselves are part of the
repressive State-machinery, and as they and others are carrying out a deliberate
unlawful policy to keep Zanu-PF in power, they will not investigate and prosecute
themselves. An example given was the 1999 torture in custody of two journalists, Mark
Chavunduka and Raymond Choto, where despite an order of the Supreme Court the
police failed to carry out any investigation.25 UNMIK was also informed that where the
victims are known members of the MDC (as in the instant case) there is no chance at all
of torture allegations being investigated.26
Given the total domestic impunity that Dowa and others like him enjoy, it was made
very clear that it was wholly unrealistic to expect that any effective investigation and/or
any independent and impartial prosecution would take place in Zimbabwe. Unless he
was dealt with outside of Zimbabwe, he would escape justice. REDRESS therefore
turned to the legal issues arising from Dowa’s presence in Kosovo.
Kosovo and the United Nations Convention against Torture
Before examining the provisions of the UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT), it was necessary to confirm the
status of CAT in Kosovo, given the territory’s unique position and the upheavals in the
Balkans since 1990.
Kosovo was part of Serbia when the latter entity joined with others in a federal State,
the Socialist Federal Republic of Yugoslavia.27 Despite a bid for complete independence
Kosovo remains part of Serbia, albeit a province under direct UN control. What
remained of the former Yugoslavia, namely Serbia and Montenegro, ratified CAT in
2001.28 As Kosovo was and is still part of Serbia, CAT would apply to it too. Even
before this ratification, and by resolution of UNMIK in 1999, CAT was also specifically
24
The full text of the Memorandum is on the REDRESS Trust website http://www.redress.org.
Chavunduka & Anor v Commissioner of Police & Anor 2000 (1) ZLR 418 (S). The former Attorney-General
Patrick Chinamasa (now Minister of Justice) had reneged on an undertaking to order the Commissioner of
Police Augustine Chihuri to investigate. Both Chinamasa and Chihuri are an integral part of the ruling-party
machine involved in keeping Mugabe and themselves in power at all costs, and they and others will do
nothing to bring perpetrators to justice. See also Enforcing the rule of law in Zimbabwe, Zimbabwe Human
Rights NGO Forum, Special Report 3, September 2001, which records that in four out of every five cases
where complaints have been lodged with the police specifically about unlawful police activities including
torture, the authorities do nothing at all. That was in 2001, and matters are far worse now.
26
For example, in 2000 two MDC members (Tichaona Chiminya and Talent Mabika) were brutally murdered
in the presence of the police by two members of the CIO (Mwale and Zimunya). Despite a High Court judge
calling on the authorities to investigate the named perpetrators, nothing has been done, and Mwale
continues to commit human rights abuses in the east of the country. This case is notorious in Zimbabwe and
has been cited in numerous national and international reports, for example, Zimbabwe; the Toll of Impunity,
Amnesty International (supra), pages 42-44. The High Court case is Buhera North Election Petition HH
67/2001 HC 8139/2000 (cyclostyled judgement).
27
After World War II. The State ratified CAT on 10 September 1991.
28
On 12 March 2001. The Federal Republic of Yugoslavia itself officially ended in 2003 with the formation of
what is now called the State Union of Serbia and Montenegro.
25
6
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