6.3.2 International Covenant on Civil and Political Rights
Article 7 of the Convention provides that, ‘No one shall be subjected to torture or
to cruel, inhuman or degrading treatment or punishment…..’ Article 9 (1) further
provides that everyone has the right to liberty or security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived of his
liberty except on such grounds and in accordance with such procedure as are
established by law.
Article 10 (1) states that all persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person.
6.3.3 African Charter on Human and People’s Rights
Article 4 of the Charter provides that, ‘Human beings are inviolable. Every
human being shall be entitled to respect for his life and the integrity of his person.
No one may be arbitrarily deprived of this right.’ Article 5 ‘Every individual shall
have the right to the respect of the dignity inherent in a human being…… all
forms of exploitation and degradation of men….. inhuman or degrading
punishment and treatment shall be prohibited.’ Article 6 further provides that,
‘every individual shall have the right to liberty and to security of his person. No
one may be deprived of his freedom except for reasons and conditions previously
laid down by law. In particular, no one may be arbitrarily arrested or detained.’
7.
RESPONSE FROM INSTITUTIONS CITED BY THE COMPLAINANTS
In accordance with the audi alteram partem rule ("let the other side be heard as well”),
the ZHRC held separate meetings with the respondents so as to hear their side of the
story. From the separate meetings and in response to the allegations raised by the
complainants, the following information was gathered:
7.1
Interview with the Officer In-Charge Bhasera Police Station.
The Officer in Charge was Inspector Munyori. He stated that the matter came to his
attention following viral social media messages which he received whilst attending a
meeting at the Police District Headquarters at Nyika. He advised his superiors about the
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