grounds and in accordance with such procedure as are
established by law."
7.3
African (Banjul) Charter on Human and People’s Rights
7.3.1 Article 5 provides as follows;
“Every individual shall have the right to the respect of the
dignity inherent in a human being and to the recognition of his
legal status. All forms of exploitation and degradation of man,
particularly slavery, slave trade, torture, cruel, inhuman or
degrading punishment and treatment shall be
prohibited.”
7.3.2 Article 6 provides for the right to personal liberty and states that:
“Every individual shall have the right to liberty and to the
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.”
7.4
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT)
Although Zimbabwe is not party to this Convention, it is persuasive
that the provisions of this Convention be taken into account in the
consideration and assessment of the allegations of torture brought
forward to the ZHRC by the complainants.
7.4.1 Article 2 provides as follows;
“1. Each State Party shall take effective legislative,
administrative, judicial or other measures to prevent acts of
torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state
of war or a threat of war, internal political instability or any
other public emergency, may be invoked as a justification of
torture.
3. An order from a superior officer or a public authority may
not be invoked as a justification of torture.”
7.5
Convention on the Rights of the Child
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