Constitution Watch 6/2019 Why Hasn'tZimbabwe Adopted the UN Convention Against Torture? 28 June 2019 Ensuring that military personnel, police officers and all other law enforcement agents are trained to be aware that all forms of torture, or cruel, inhuman or degrading treatment or punishment, are prohibited. Reviewing rules and regulations for the treatment and custody of arrested persons and prisoners, to ensure they prevent all forms of torture and cruel, inhuman or degrading treatments or punishments. Ensuring that victims of torture, or of any cruel, inhuman or degrading treatment or punishment, are able to lodge complaints and that their complaints are properly and promptly investigated by the appropriate authorities. Ensuring that victims of torture, or their dependants if they have died, obtain redress including compensation and rehabilitation. Prohibiting the use in court proceedings of statements extracted by torture. States that are parties to CAT have to report every four years to the UN Committee Against Torture on the measures they have taken to implement the Convention. The committee is empowered to conduct confidential investigations into allegations that any member State systematically practises torture, and the committee may summarise the results of its investigations in its annual report. Member States may also allow the committee to receive and investigate allegations from individuals and other States that they are violating CAT. Why Zimbabwe Should Accede to CAT? To flesh out our Constitution, which in section 53 prohibits physical and psychological torture and cruel, inhuman or degrading treatment or punishment, To show Zimbabwe accepts and takes seriously the universal norm that torture in all its forms is unacceptable. Although Zimbabwe is already a party to other international conventions that prohibit torture and cruel, inhuman or degrading treatment or punishment, in particular the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, the overwhelming majority of other States have considered it necessary to supplement their brief general prohibitions of torture with a specific and detailed treaty designed to ensure the elimination of torture in practice [i.e., CAT]. Conclusion It is difficult to understand why the Government has not acceded to CAT under the new dispensation. The Government has much to gain from accession: it would show itself to be an integral member of the international community and ready to cooperate with other governments in upholding universally-accepted human rights. It would also demonstrate the Government’s willingness to implement the Constitution and to abide by commitments previously given to the UN Human Rights Council and its own citizens. • Normally searches must be authorised by a search warrant issued by a magistrate or justice of the peace (other than a police officer) who has reasonable grounds for believing that an article liable to be seized is in any particular premises or area.