10
Parliament to establish its own Committee to look into these allegations and report
its findings to Parliament. In conducting these investigations the Parliamentary
Committee should enlist the assistance of the Ombudsman’s office which now has
jurisdiction to investigate allegations of human rights abuses on the part of
members of the police, army and prison service. Although the Ombudsman may
only investigate when complaints have been made to that office, the proposed
Parliamentary Committee would be able to refer some of the complainants to the
Ombudsman’s office so that their complaints can be investigated by personnel in
this office.
Following these inquiries arrangements must be made for compensation to be
awarded to all persons found to have suffered human rights abuses without those
persons having to bring claims in the courts. Government must also take stern
disciplinary action against all those who are proven to have perpetrated human
rights abuses to send a clear signal that this sort of misconduct will not be
tolerated.
In respect of those who are alleged to have engaged in unlawful violence the law
must continue to take its course. However these cases must be dealt with
according to the ordinary rules of procedure and evidence which are there to
ensure that accused persons receive fair trials. Any cases that were hurriedly
processed through the courts in the emotionally charged atmosphere following
upon the food riots must be thoroughly reviewed to ensure that no miscarriages of
justice have occurred. The sentences in these cases must also be carefully
scrutinised to ensure that they were fair and not disproportionate, taking into
account the all the relevant factors that have a bearing upon sentence, including
the fact that the criminal action may have been an expression of anger and
frustration about harsh economic conditions. On the other hand, more deterrent
sentences are obviously appropriate for hooligans and criminals who simply took
advantage of the troubled situation to commit crimes.
Last but certainly not least, mechanisms must be established to ensure that
businesspersons who suffered financial loss as a result of the riots receive
compensation or at least soft loans to allow them to re-establish their businesses.
There was no response from either the President or parliamentarians, and thus the Human Rights
Forum took the step of lobbying the UN Human Rights Committee at its meeting to consider the
implementation by Zimbabwe of the International Covenant on Civil and Political Rights. When
the Committee produced its final report in September 1998, it made a strong statement endorsing
the call by ZHRNF for an independent commission of inquiry. The UN Committee made two
specific recommendations in respect of the Food Riots:
16. The Committee expresses its concern over recent reports of excessive use of
force by the police and the army during food riots in 1998. The Committee urges
that all cases of alleged excessive use of force committed by members of the
police or the army be investigated by an independent and impartial body, that
action be taken against those officers found to have committed abuses and that
compensation be paid to the victims; the State party should report to the
Committee thereon. Intensive training and education programmes in the field of
human rights for members of the army and law enforcement officials are
recommended. The Committee urges that the list of situations in which the use of
lethal force is allowed under domestic law be reduced.
AMANI TRUST: Beating your opposition. Torture during the 2002 Presidential campaign in Zimbabwe.