TORTURE IN ZIMBABWE, PAST AND PRESENT
deterrent was that if it was found that a confession had been made under duress it
would not be legally admissible, but apart from such considerations little stood
between the torturer and his victim. The Lancaster House settlement, and the
amnesties just prior to independence, prevented the new Government from
instituting any investigations and prosecutions relating to political torture in the
pre-independence period, and it had little interest in examining non-political
torture either.
B. Post Independence ( 1 9 8 0 -1 9 9 8 )
Although the police, the prosecuting authorities and indeed the whole State
machinery was rapidly Africanised after 1980, the post-independent period still saw
State officials making widespread use of torture to extract information and
confessions. One clear difference was the disappearance of the blatantly racist
element, as within two or three years of independence only a handful of whites
remained in the police, the army and the CIO,118 and after a few more years the
same process had been all but completed in the magisterial and prosecuting
services.119 The other difference was that the country now had a Constitution with a
justiciable Declaration of Rights. However, there was no political will to eradicate or
seriously curb the use of torture, and no policy of investigating and prosecuting
offenders. In 1983, Mugabe excused torture in custody on the grounds that the
police work long hours and therefore
tend to do their work over120
enthusiastically.
No independent structures were set up to deal with the issue,
and torture only reached the public domain during criminal trials where accused
persons who had been tortured raised the issue. Undisputed evidence of torture of
those accused of being apartheid agents emerged in a number of high-profile cases,
including S v Slatter & Others121 and S v Harrington.122 The judiciary condemned
what had happened, but the authorities did nothing about the perpetrators who
could easily have been identified and prosecuted. Indeed, when evidence of the
torture of Air Vice Marshal Slatter and the other officers was given to the press by
their lawyers in a desperate effort to halt what was being done at the time of their
initial detention, the only response of the State was to charge the lawyers with
contempt of court on the grounds that they were trying to influence future legal
proceedings.123
118
A few remained and worked as double-agents for apartheid South Africa: see S v Hartlebury and Evans 1985 (1)
ZLR (1) (H).
119
Before independence the vast majority of magistrates and prosecutors were white, as were all judges. There
were thousands of black soldiers and policemen, along with thousands of white soldiers and policemen, but at all
levels of the security forces the whites were in command. At independence there was a mass exodus of whites
from every level of the Rhodesian public sector, and these whites either left the country or went into the private
sector. At the height of UDI the white population reached about 250,000 and then began to decline as the war
intensified. Within a few years of independence there were less than a 100,000 whites remaining. Today there are
probably about 25,000 still in Zimbabwe. Several million black Zimbabweans have left the country in recent years,
most of them for political and economic reasons.
120
Quoted at p. 68 of Breaking the Silence (supra). Justification for torture was also expressed in The Chronicle,
the governments Bulawayo newspaper, during Gukurahundi (ibid).
121
1983 (2) ZLR 144 (H): see also Attorney General v Slatter and Others 1984 (1) ZLR 306 (SC); sub nom S v
Slatter and Others 1984 (3) SA 798 (ZS).
122
1988 (2) ZLR 344 (S).
123
The two lawyers, Michael Hartmann and Nigel Gardner, were later tried and convicted in the Regional
Magistrates Court, but acquitted on appeal: see S v Hartmann & Gardner 1983 (2) ZLR 186 (S); 1984 (1) SA 305
(ZS).
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