8 undertakings under the Convention.20 If the Committee receives reliable information containing well-founded indications that torture is being systematically practised in that State, it can probe the information in collaboration with the State concerned and may carry out a confidential inquiry into the matter with the cooperation of the State concerned. 21 A State Party may make a declaration recognising the competence of the Committee to receive and consider complaints from a second State Party that the first State Party is not fulfilling its obligations under the Convention.22 A State Party may also make a declaration recognising the competence of the Committee to receive and consider complaints from individuals in that State who claim to be victims of torture.23 Ratification of the Torture Convention The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was first produced by resolution of the General Assembly, and was entered into force on 26 June 1987. Some 137 countries have ratified this important Convention. These include all Zimbabwe’s neighbours, and nearly every Southern African country except Zimbabwe. African countries that have ratified include Botswana, Lesotho, Malawi, Mozambique, Namibia, Nigeria, South Africa, Swaziland and Uganda. The two countries that President Mugabe regards as his bitter enemies, namely the United Kingdom and the United States of America have both ratified this Convention. Although Zimbabwe has not ratified the Torture Convention, torture is prohibited in section 15 of the Declaration of Rights, which provides that “no one shall be subjected to torture or inhuman or degrading punishment or other such treatment”. However, a series of constitutional amendments have qualified the right not be tortured or subjected to inhuman or degrading punishment or treatment.24 Zimbabwe has also ratified the International Covenant on Civil and 19 20 21 22 23 24 Article 17. This Committee consists of ten experts of high moral standing and recognised competence in the field of human rights. Article 19 Article 20 Article 21 Article 22 The effect of the amendments is that Section 15 now contains a number of qualifications to the prohibition against torture or inhuman or degrading punishment or such other treatment. These permit corporal punishment of juveniles by parents and of male juveniles as a criminal punishment and provide that neither delays in the carrying out of the death penalty or the manner of carrying out the death penalty provided by law (namely hanging) will violate the prohibition. Zimbabwe Human Rights NGO Forum. Only bruises on the soles of their feet. The use of Falanga by the Zimbabwe Republic Police.

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