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have been brought against those who tortured Choto and Chavunduka;40 no charges have been
brought against those who tortured Member of Parliament, Job Sikhala, and human rights lawyer,
Gabriel Shumba; no charges have been brought against Chief Detective Inspector Dowa who is
alleged to have tortured prisoners; and the murderers of Chiminya and Mabika still remain at
large.41 The practice of torture is clearly encouraged by the informal impunity afforded by the
Government of Zimbabwe to most of the perpetrators.
The failure of the Zimbabwean authorities to ratify the UN Torture Convention, when most
countries in the region have already done so, gives rise to justifiable suspicion that there are
sinister reasons for this failure. The suspicion is that it does not want to ratify the Convention
because ratification would make it far more difficult to continue to employ torture against its
political opponents. If this suspicion is unfounded and the Zimbabwean Government now wishes
to show that it is determined to prevent torture within Zimbabwe, and also contribute to the
international effort to put an end to the scourge of torture, it should ratify the Torture
Convention as soon as possible.
Justices Chinhengo and Makarau, in their judgement, quote approvingly an article in the Statecontrolled Zimbabwe Herald in its issue of 28 January 2003.
“Torture is banned in Zimbabwe but there is, most unfortunately, a small minority in
the country who think they can get away with using torture as a short-cut to the
professional techniques used by the police.
There are four strong objections to torture. First and most important, it breaches a
fundamental right guaranteed in our constitution and in international treaties to
which Zimbabwe is a signatory.
Secondly, it does not produce much practical information. Most people, faced with
torture, will admit to anything, whether they did it or not, and will try to figure out
what sort of lies that the torturer wants to hear and then tell them. The information
obtained is very dubious.
Thirdly, it degrades the torturer. The victim is not degraded. The victim is hurt by
the torturer but will receive the sympathy of all right-thinking people later and will
even become some sort of a hero. The torturer will be regarded as some monster
fit for the gutter.
Finally, even if any remotely valuable evidence is obtained, it will be thrown out in
any trial. Thus we might have the wrong person brought to court, because they
have admitted something they did not do, or the right person going free because
the evidence is tainted. Neither is desirable.
Thus there are legal, moral and practical objections to torture. It is wrong and it
does not work.
40
41
Mark Chavunduka and Ray Choto were severely tortured in 1999 by state agents for printing a story in which it was
alleged that a coup had taken place in the army.
See Redress (2005), ZIMBABWE: THE FACE OF TORTURE AND ORGANISED VIOLENCE. Torture and Organised Violence
in the run-up to the 31 March 2005 General Parliamentary Election, LONDON: REDRESS TRUST. All these cases are
discussed in detail in this report.
Zimbabwe Human Rights NGO Forum. Only bruises on the soles of their feet.
The use of Falanga by the Zimbabwe Republic Police.
Select target paragraph3
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