VI. Police Torture and Cruel, Inhuman, or Degrading Treatment of Civil Society Activists The Zimbabwean authorities’ use of violence and mistreatment as part of the repression in response to the recent spate of protests and demonstrations has not been limited to excessive use of force during arrests. A number of civil society activists interviewed by Human Rights Watch reported that while in custody they have been subjected to severe beatings and other mistreatment by the police and intelligence officers.39 Acts amounting to torture that Human Rights Watch has documented include severe beatings that involved being punched, kicked and struck with batons, beatings on the soles of the feet, repeated banging of detainees’ heads against walls, and the shackling of detainees in painful positions. In one case detainees were forced to engage in humiliating games, while in others they were threatened with death or rape. In some cases torture is applied during interrogations, while in others it is used as a form of punishment for the activists’ perceived political leanings or intentions. Numerous international instruments to which Zimbabwe is party prohibit the use of torture and other forms of mistreatment.40 The Zimbabwean constitution also guarantees freedom from torture and cruel, inhuman or degrading treatment or punishment.41 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has defined torture as the intentional infliction of severe mental or physical pain or suffering against an individual by or with the consent or acquiescence of a public official, the purpose of which is to obtain information or a confession, or for punishment, or to intimidate or coerce, or for any reason based on discrimination.42 39 Human Rights Watch interviews with civil society activists, Harare, September 25–October 5, 2006. 40 ICCPR, article 7; ACHPR, article 5; Convention on the Rights of the Child (CRC), adopted November 20, 1989, G.A. Res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force September 2, 1990, ratified by Zimbabwe on October 11, 1990, article 37 (a). 41 Constitution of Zimbabwe, 1979, section 15 (1). 42 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), adopted December 10, 1984, G.A. res. 39/46, annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984), entered into force June 26, 1987. Zimbabwe is not a party to the Convention against Torture, although many of its provisions are considered reflective of customary international law. 15 Human rights watch November 2006

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