TORTURE IN ZIMBABWE, PAST AND PRESENT B. Statutes of Limitations The right to institute a prosecution lapses after the expiration of a period of twenty years from the time when the offence was committed, in terms of section 23 of the Criminal Procedure and Evidence Act [Chapter 9:07]. This does not apply to the offence of murder, for which there is no prescriptive period. C. Criminal Investigations Complaints about torture can be lodged with the police, 96 while in terms of Section 76 (4a) of the Constitution, the Attorney-General “ may require the Commissioner of Police to investigate and report to him on any matter which, in the AttorneyGeneral’s opinion, relates to any criminal offence or alleged or suspected criminal offence, and the Commissioner of Police shall comply with that requirement.” Generally, the police are in charge of carrying out investigations into all crimes. There is no special procedure relating to a person in custody who raises a complaint regarding torture. If such a person appears in court to have an extra-curial statement confirmed and he informs the presiding magistrate that he has been assaulted, the magistrate can order that he be medically examined, and may make such other investigation as he considers necessary or desirable in the circumstances.97 In Zimbabwe law, after a complaint has been lodged with the police, they should investigate.98 Evidence is obtained by interviewing witnesses and recording affidavits from them, as well as collecting medical and other evidence. A torture survivor who is not in custody may consult a State doctor or any other medical practitioner of his choice for medical examination. Medical evidence can be led in court as expert evidence provided it is relevant. Peace officers 99 (magistrates, police, prison and immigration officers, and other defined persons) can arrest a suspect with or without a warrant, after which the person must be brought before a magistrate within 48 hours for an initial remand.100 At the initial remand the suspect can be released on bail or remanded in custody. evidence against criminals in a civil suit knowing that the culprits would not be brought to book. The timing of the amnesty was significant: the general Parliamentary elections results were announced in late June, and the petitions had to be filed within a month, that is, by the end of July, which they were; Zanu-PF then tried certain manoeuvres relating to security for legal costs, but by the end of September it was clear that the petitions could not be blocked; the amnesty was announced on 6 October. The Government also tried another tactic on 8 December 2000 when Mugabe issued a Notice under Section 158 of the Electoral Act [Chapter 2:01)] [The Electoral Act (Modification) (No.3) Notice, 2000 (SI 318 of 2000)] purporting to nullify the petitions by validating the results of the election, declaring that the elections had been “ free and fair”and that the petitions were frivolous and vexatious. The Supreme Court (which had long been under attack but at that stage was still independent), set aside the Notice as unconstitutional on 30 January 2001 in MDC v Chinamasa NO & Anor 2001 (1) ZLR 69 (S). Five days later Chief Justice Gubbay was induced to retire early, first from March and then from July 2001. Meanwhile he was also made to take leave. Thereafter, the Government delayed and manipulated proceedings in the High Court and the Supreme Court and, as a result, the petitions were never finalised by the time of the March 2005 general parliamentary elections and effectively lapsed. 96 A complaint is lodged in the form of a sworn statement, usually at the charge office of a police station. 97 Section 113(5) of the Criminal Procedure and Evidence Act [Chapter 9:07]. The provision in the Act that allowed a ‘mute confession’ to be used, even if it was not obtained voluntarily, was held to be unconstitutional where such a ‘mute confession’ took place after the accused had been tortured - S v Nkomo 1989 (3) ZLR 117 (SC). 98 The duty of the police to act in good faith and to do their duty to investigate alleged crimes was fully set out in Chavanduka & Anor v Commissioner of Police & Anor 2000 (1) ZLR 418 (S). 99 Section 2 of the Criminal Procedure and Evidence Act [Chapter 9:07]. 100 If the arrest takes place at such time that a weekend or public holiday intervenes then the period can be extended to up to 96 hours. Application can also be made to a Magistrate for a warrant of further detention in some circumstances and on good cause shown. 18