REDRESS/AMANI
circumstances.78 Depending on the nature of the offence, a first offender convicted
of assault will usually receive a fine and/or a suspended prison sentence, while
assault with intent to commit grievous bodily harm will often lead to imprisonment.
Attempted murder invariably results in imprisonment.
Disciplinary proceedings against the police are governed by the Police Act [Chapter
11:10] which sets out the mechanisms for inquiries into breaches of the Act and
Police Regulations. 79 Alleged crimes committed against civilians are also subject to
the normal judicial process.
III.2 . The Criminal Procedural Law
A. Immunities
Immunities, indemnities, amnesties, clemencies and pardons lie at the heart of
Zimbabwes failure to deal with gross human rights abuses committed by public
officials, and have done so for decades.80 During the pre-Independence period the
key piece of legislation used by the white minority regime to countenance torture
was the Indemnity and Compensation Act 45 of 1975, which was retroactive to 1
December 1972. It gave a blank cheque to human rights violators in the army, the
police, the CIO and indeed to all and every person connected
with the suppression
81
82
of terrorism.
Given that
terrorism
was very widely defined, and in the
absence of any constitutional protection in the form of a justiciable bill of rights,
nobody responsible for torture could be prosecuted.83
After Independence, four periods can be analysed as follows:
(i) 1 9 8 0 -1 9 8 2
The terms of the Lancaster House settlement put to rest any possibility that the end
of the illegal UDI regime and the attainment of independence under majority rule
78
Section 16 of the Sexual Offences Act [Chapter 9:21].
79
It is an offence under the Police Act [Chapter 11:10] to use unnecessary violence towards, or neglecting or in
any way ill-treating any person in custody or other person with whom he may be brought into contact in the
execution of his duties
: Schedule of Offences No. 21.
80
These terms are sometimes used interchangeably although not always correctly, but the factual position is
beyond dispute: for years very many perpetrators of crimes relating to torture (in fact the vast majority of them)
have either never been prosecuted at all or have escaped punishment altogether after having being sentenced,
hence the often used description of Zimbabwe being a country with
a culture of impunity.
81
Section 4(1) of the Act provided that:
No civil or criminal proceedings shall be instituted or continued in any
court of law against (a) the President or any Minister or Deputy Minister in respect of any act, matter or thing
whatsoever advised, commanded, ordered, directed, or done or omitted to be done by him or by a person referred
to in paragraph (b) in good faith for the purposes of or in connection with the suppression of terrorism; (b) any
person who, at the relevant time, was (i) a member of the Security Forces or employed in any capacity or
appointed to any person by the State, whether for remuneration or otherwise; or (ii) acting under or by the
direction or with the approval of the President, any Minister or Deputy Minister or any person referred to in
subparagraph (i); in respect of any act, matter or thing whatsoever advised, commanded, ordered, directed or done
or omitted to be done by him in good faith for the purposes of or in connection with the suppression of terrorism.
Prior to this Act, and despite the plethora of other statutes which had long been used to curtail basic human rights,
members of the security forces had sometimes been successfully sued for human rights abuses.
82
See Sections 51 and 52 of the Law and Order (Maintenance) Act [Chapter 11: 07] .
83
As can be seen from footnote 81 above, section (4)(1) of the Indemnity and Compensation Act 45 of 1975 also
indemnified perpetrators from civil proceedings. In the result the security forces and other state agencies could and
did kill, torture and maim at will: having been indemnified in advance, knowing they were immune from criminal
and civil proceedings, they acted with impunity and took advantage of their legal inviolability, committing heinous
crimes without being legally accountable.
15
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