TORTURE IN ZIMBABWE, PAST AND PRESENT
C. The Present (1 9 9 8 -2 0 0 5 )
Victims of torture regularly come before the courts in high-profile cases. Human
rights NGOs (national and international) are specifically documenting and recording
nationwide details of violations, and comprehensive reports are released. 127 These
reports are widely publicised in the independent media, and pro-democracy
journalists also play a direct role in exposing horrific cases of abuses. In the face of
this overwhelming evidence, Zanu-PF has done nothing to prevent the violations, as
it is both directly and indirectly responsible for them. All that it does is to deny
them, despite a huge body of reliable evidence to substantiate the allegations, and
to blame the opposition MDC for the violence.
Following the January 1998 food riots, local NGOs called upon the Government to
set up an independent inquiry into the abuses which had taken place. There was no
Government response at all, and the UN Human Rights Committee
recommendations too were ignored. 128 This set the pattern for the present period.
Some selected torture cases which reached the public domain during the period
under review are as follows:
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January 1999 saw dramatic court and public confrontations with the Government
over torture, following an independent newspaper story that army officers had
allegedly been arrested after a coup plot. 129 As a consequence of the report (which
the State branded as lies), two local black journalists, Mark Chavunduka and
Raymond Choto, were unlawfully detained by the military (who have no jurisdiction
over civilians) and severely tortured. Despite urgently obtained court orders for
their release, they were held for more than a week during which time they were
beaten with fists and wooden planks and subjected to electric shock and water
immersion torture, amongst other forms of gross ill-treatment. The episode led to
unprecedented public protests, including from the judiciary who addressed an open
letter to Mugabe calling upon him to restore the rule of law, and a peaceful human
rights march on Parliament led by lawyers in court regalia. Mugabes response was
to threaten the judges and to justify the treatment given to the journalists, while
the marchers on Parliament were stopped by the riot squad with dogs, tear-gas and
batons. An urgent meeting of human rights NGOs with the Attorney-General
(Patrick Chinamasa, later made Minister of Justice, a position he still occupies) drew
his assurance that he would direct the Commissioner of Police to investigate. 130 He
later reneged on this assurance and accused civil society of having a political
agenda. Eventually, after the journalists made an application to the Supreme
Court, judges ordered the police to investigate the torture, 131 but the police have
127
See above I.2.
128
The UN Committee specifically recommended an impartial inquiry, action against officers found to have
committed abuses, and the payment of compensation to victims: see A Consolidated Report on the Food Riots
(supra), p.5.
129
See Legal Forum, (Harare), Vol 11, No 1, (March 1999), which covered the whole incident in depth, and recorded
the grave concerns over the torture expressed nationally and internationally by human rights and lawyers groups at
the time.
130
131
Legal Forum (supra), p. 15.
Chavanduka & Anor v Commissioner of Police & Anor 2000 (1) ZLR 418 (S).
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