TORTURE IN ZIMBABWE, PAST AND PRESENT
legislation into line with it. Torture must be made a specific statutory crime in
Zimbabwe with appropriately severe punishment for convicted perpetrators, and the
numerous other legislative and administrative reforms required under the
Convention must be implemented.
This is but one of a number of fundamental international human rights treaties, and
their Optional Protocols, which the present Government has completely and
deliberately ignored since Independence in 1980. Even where treaties have been
entered into their monitoring and reporting requirements which the Government is
obligated to comply with have more often than not been neglected, distorted or
dealt with years too late.
It is also apparent how limited the traditional remedy of civil damages is to the
problems arising from gross and systematic violations. This is not to say of course
that individual civil proceedings are irrelevant their potential must be included in
any reparation programme but even at the best of times it is a slow and
expensive route. When one is dealing with large numbers of victims and many
perpetrators, all the ordinary hazards of litigation are multiplied a hundredfold,
including the problems caused by statutes of limitations or prescription. Judiciallybased compensation is important, but inherently problematic.
In periods of
economic chaos and hyper-inflation such as presently being suffered in Zimbabwe
the claiming and payment of civil damages can become an almost meaningless
exercise. Another issue which has been mentioned already and which relates to the
weakness of litigation damages is the difficulty in suing perpetrators when the state
has taken deliberate steps to disguise its identity.
Zimbabwe human rights defenders face a dangerous and difficult task in challenging
and criticising the Zimbabwe Government over its human rights record. Many have
been, and continue to be, intimidated and persecuted, including imprisonment,
assault and torture.
It says much for their courage and resilience that they
continue to document, defend and heal to the best of their abilities, and remain
steadfast in their pursuit of justice and peace.
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