shops that had closed down in response to the call to stay away, it is
important to observe and reiterate the interpretation that was given
by the Supreme Court in the Mukoko case (supra) that “No
exceptional circumstance such as the seriousness of the crime the
person is suspected of having committed, or the danger he or she is
believed to pose to national security can justify infliction of torture, or
inhuman or degrading treatment. (Emphasis added)
9.1.5. The amount of force as evidenced by the injuries sustained by some
of the complainants that were interviewed and the deaths that occurred
which were supported by medical records reveal a case of Police
Brutality. Police Brutality is defined as;
“The use of excessive and/or unnecessary force by police when
dealing with civilians. “Excessive use of force” means a force well
beyond what would be necessary in order to handle a situation.”13
From the above definition it is clear that although “excessive force” is not
subject to a precise definition, it is generally use of force beyond the force
a reasonable and prudent law enforcement officer would use under the
circumstances. Excessive force by law enforcement officers is a violation of
a person's rights. The firing of live bullets on demonstrators and assaults on
some complainants are examples of excessive force that was used by the
police amounting to a case of Police Brutality. Other methods of dispersing
crowds such as tear gas, rubber bullets and water canisters could have
been used rather than the use of live bullets.
9.2.
Right to Privacy
9.2.1. The findings reveal that in the areas monitored, the police and soldiers
entered into the homes, premises and property of some of the
13
The Law Dictionary, available online at http://thelawdictionary.org/article/what-is-police-brutality/.
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