TORTURE IN ZIMBABWE, PAST AND PRESENT have unlimited jurisdiction in civil disputes, and try grave criminal cases as courts of first instance. The Supreme Court7 hears some appeals from inferior courts, and all appeals from the High Courts. There are also certain disciplinary courts for service personnel (with civilian courts having some concurrent jurisdiction) with some appeals to superior courts. 8 A recent innovation has been the establishment of an Electoral Court to deal with any disputes or issues concerning elections. 9 There is no separate Constitutional court per se, and the Supreme Court sits with five judges to hear cases involving the interpretation of the Constitution, while other Supreme Court hearings usually consist of a three-judge bench. The independence of the judiciary is stipulated in the Constitution. 10 B. Incorporation and Status of International Law in Domestic Law Zimbabwe has ratified or acceded to the following relevant international treaties 11: Convention relating to the Status of Refugees (1951) (entered into force 25/1/81) Protocol relating to the Status of Refugees (entered into force 25/1/81) Convention on the Rights of the Child (entered into force 11/10/1990) Convention on the Elimination of All Forms of Discrimination Against Women (entered into force 12/6/91) International Convention on the Elimination of All Forms of Racial Discrimination (entered into force 12/6/91) International Covenant on Civil and Political Rights (ICCPR) (entered into force 13/8/1991) International Covenant on Economic, Social and Cultural Rights (entered into force 13/8/1991) Zimbabwe has not acceded to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 12 nor the statute of the International Criminal Court.13 There are a number of other specific Commonwealth declarations and principles, which were applicable to Zimbabwe before it left the Commonwealth in 2003.14 In addition, Zimbabwe is a signatory to the African 7 The Supreme Court is in Harare, and sometimes also sits in Bulawayo. 8 For example, see Part V (Discipline), Sections 29-50 of the Police Act [Chapter 11:10]. The Defence Act [Chapter 11:02] establishes courts martial in terms of Section 45. This deals with disciplinary offences under the Military Code such as desertion, mutiny, malingering, insubordination and so on. Prison officers and prisoners come under the Prisons Act [Chapter 7:11]. But all service personnel also come within the jurisdiction of ordinary civilian courts for many purposes. 9 The Electoral Court was established in February 2005 as part of the Government’s efforts to comply with the Southern African Development Community’s (SADC) Protocol on Principles and Guidelines Governing Democratic Elections, which has also seen the establishment of the Zimbabwe Electoral Commission. Under the statute governing the Electoral Court, judgment on any petition must be handed down within six months. 10 Section 79B of the Constitution. 11 United Nations Human Rights – Treaty Bodies Database: http://www.unhchr.ch/tbs/doc.nsf (last visited on 26/4/2005.) 12 Ibid. Zimbabwe has also not acceded to the (First) Optional Protocol to the ICCPR (allowing individual petition), nor to the (Second) Optional Protocol to the ICCPR (aiming at the abolition of the death penalty). It has also not ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights –see http://www.amtdatatechnologies.com/acc/UploadedDocuments/210200544747PM609.pdf (last visited 27/4/2005). 13 The Rome Statute of the International Criminal Court, 1998, located at http://www.un.org/law/icc 2