up people for allegedly causing violence and “provoking the police”. He
noted that he assisted some victims of torture to make
police reports
and took some of them to hospitals for medical assistance. He further
indicated that police brutality was indiscriminate and was not based on
political affiliation.
9.
Analysis of Violations of Human Rights and Application to Findings
9.1
Freedom from Torture or Cruel, Inhuman or Degrading Treatment or
Punishment.
9.1.1 Although Zimbabwe has not ratified the Convention against Torture,
in determining the question of whether torture has been perpetrated,
the definition of torture as provided for in Article 1 of the Convention
is most apt. Article 1 of the Convention provides that,
“... torture means any act by which severe pain or suffering whether
physical or mental is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has
committed or is suspected of having committed, or intimidating or
coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by
or at the instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity. It does not
indicate pain or suffering arising only from, inherent in or incidental
to lawful sanction.”
9.1.2
In accordance with the definition of torture set forth in the United
Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the essential elements of
torture are therefore as follows:
1. The perpetrator must intentionally inflict severe physical or
mental pain or suffering upon the victim for one or more of the
following purposes:
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