TORTURE IN ZIMBABWE, PAST AND PRESENT state officials will continue. In this Zimbabwe is not unique. Other countries have faced this issue of how to police the police, and how to safeguard those in custody from unlawful abuse. One of the basic problems is the inherent difficulty in relying on any institution to monitor itself, and the tendency in a service organisation (be it the police, the army or the prison service) to close ranks and to cover-up violations. But this tendency is not restricted to service organizations, and is particularly prevalent in hierarchical bodies where it is difficult for junior ranks to challenge the conduct of their seniors without themselves being victimized, along with a culture of patronage and the avoidance of responsibility which leads seniors to condone or even encourage the criminal behaviour of their juniors. In addition to extensive efforts to properly train police officers not only in policing skills but in human rights norms, what is needed is an independent authority to investigate and deal with allegations of unlawful activity, including torture and ‘police brutality.’ Any such organ, as with a Truth, Justice and Reconciliation Commission, will only be effective if it is genuinely independent, properly staffed and adequately financed. Creating such a body on paper and through legislation is one thing, but making it work is another, and requires the political will and support of the Government of the day. As with the ZRP, so with the Zimbabwe Prison Service and the treatment of prisoners generally. The jails are the scenes of on-going serious human rights abuses.219 There are appalling conditions of gross overcrowding, lack of proper food, medical care and hygiene, and overall neglect, which singly and combined constitute cruel, inhuman and degrading treatment. Part of the reason lies in Zimbabwe’s catastrophic economic decline and endemic corruption: prisoners are entirely marginalized and at the mercy of their custodians, and in the current political climate they are subject to even greater degrees of brutality, extortion and abuse than ‘normal.’ Even at the best of times Zimbabwe’s prisons barely comply with minimum international standards. In the past some local NGOs have attempted to work with the authorities to inculcate prison officers with at least a basic understanding of human rights norms, as well as trying to inform prisoners of their (theoretical) legal rights. These modest attempts have long since been abandoned given Zanu-PF’s concerted and consistent attacks on all aspects of civil society, and the bridges will have to be re-built. However, more needs to be done, and again an independent authority should be established to concentrate on protecting prisoners from gross ill treatment. A Human Rights Commission (HRC) could be an important instrument to protect citizens against future violations, and was proposed in the 1999 draft Constitution prepared by the National Constitutional Assembly (NCA). Once more, whether a HRC will actually achieve the worthy aims which it undoubtedly ought to will depend 219 See for example the report posted on the ZWNEWS website on 6 February 2004: Overcrowding leads to prison crisis,”it http://www.zwnews.com/issuefull.cfm?ArticleID=8581 Under the heading “ chronicled how jails designed for 16,600 have overshot that figure by more than 8,000 according to justice ministry officials. Prisoners take turns to sleep. The sheer number of deaths from infectious diseases has lead prison authorities to introduce a daily five-minute programme on national radio appealing for relatives to collect the bodies of the deceased. Critical food shortages mean inmates get maize porridge seasoned with salt for breakfast, and boiled cabbage for lunch and supper. The brutality of prison officers was revealed in a recent report presented to the justice ministry by a parliamentary committee. The large number of MDC leaders arrested and detained for various lengths of time in recent years has also revealed eye-witness accounts of appalling conditions for those awaiting trial, or who are incarcerated pending bail hearings. 44