4
aberrant law enforcement officers but is instead is widespread and systematic.4 It is evident that
it is not only the ZRP that are guilty of falanga, but that it has become a widespread practice
carried out by proxy forces of the Zimbabwe government, and mostly by supporters and
members of ZANU PF.
What is torture?
Torture is one of the worst forms of inhumanity, involving as it does the deliberate infliction of
severe pain, mental suffering and degradation upon a person who is in a helpless condition. It is
usually carried out in a way that is grossly humiliating to the victim. It usually stops short of
causing death, but sometimes victims are tortured to death. It causes physical injury (sometimes
permanent disabling injury) and usually also leads to drastic long-term psychological harm.
Torture is a vile practice which any civilized society will do everything possible to prevent and
eradicate. As the Supreme Court observed, in the case of the Catholic Commission for Justice and
Peace in Zimbabwe v Attorney-General, “the right not to be subjected to torture stands as a
sentinel over human misery, degradation and oppression.”5
No civilized nation will permit its law enforcement agencies or its military forces to make use of
torture or seek to justify, excuse or condone the use of such practices by these personnel. No
civilized government will encourage or allow irregular forces or militias to inflict torture upon its
opponents. No civilized nation will grant an amnesty or pardon to persons who have used torture.
Instead, a civilized nation will ensure that all persons who are alleged to have engaged in this
despicable practice are prosecuted and, if found guilty, are punished in a manner that takes
account of the gravity of this crime. Victims should also be entitled to claim civil compensation for
the harm they have suffered.
In international law, torture can constitute a crime against humanity. Under Article 7 of the Rome
Statute of the International Criminal Court, torture will constitute a crime against humanity, if it is
“committed as part of a widespread and systematic attack directed against any civilian
population, with knowledge of the attack”, and the attack was “pursuant to or in furtherance of a
State or organisational policy to commit such attack.” The Rome Statute thus requires that the
crime against humanity constituted by official use of torture be part of a widespread and
4
See Themba Lesizwe (2004), Civil Society and Justice in Zimbabwe, Proceedings of a symposium held in Johannesburg,
11-13 August 2003, PRETORIA: THEMBA LESIZWE.
5
1993 (1) ZLR 242 (S) 282
Zimbabwe Human Rights NGO Forum. Only bruises on the soles of their feet.
The use of Falanga by the Zimbabwe Republic Police.