legal duty to ensure the effective protection of human rights, through prevention of human rights
violations, provision of domestic remedies, investigation of alleged human rights violations,
prosecution of suspect; punishment of those found guilty, provision of restitution or
compensation to victims of human rights violations, and addressing the problem of impunity for
human rights violations.
Most governments, in both the developed and developing world, subsidize police behaviour and
misconduct by taking liability for their actions through having inadequate policies for managing
and enforcing police conduct or permitting policy non-compliance. Credible and effective
monitoring of human rights violations makes a contribution to social accountability. Human
rights monitoring and lawsuits against offending state agents for responsive governments can
inspire better oversight, policing and accountability.
1.2 Applicable laws and standards
To show that the cost incurred by victims of police brutality do not fall within regular and
acceptable individual responsibilities for expenditure, the following provisions from the
Constitution of Zimbabwe are applicable to show police were liable for the cost of managing
brutality they meted on citizens:
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Section 219: police are obliged to protect and secure the lives of people and property;
maintain law and order and uphold the Constitution and enforce the law without fear and
favour.
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Section 208: police conduct should be non-partisan; not further the interests of any party
or cause or violate the fundamental rights of any person.
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Section 53: the subjection of anyone to physical or psychological torture and inhuman,
degrading treatment and punishment is prohibited and unlawful.
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Section 59: guarantees the freedom to demonstrate and petition.
International human rights legislation outlaws police brutality. The following laws, principles
and guidelines are applicable:
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