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There is one argument in favour of torture that, at first sight, looks as though it
may be valid. It is an argument presented by the intelligence community in several
parts of the world including countries such as Israel and America. These intelligence
officers usually give the example that a terror gang is about to detonate a bomb,
overthrow a government or some other terrorist attack,
A member of the gang is found. Surely, they argue, it is better for this person to be
violently persuaded to give the vital information of where the bomb is to be placed
than for many innocents to die. Unfortunately, such an arrested person is likely to
lie. The information is likely to be worse than useless.
We would assume that those belonging to groups prepared to kill civilians would be
given plausible stories to tell should they be arrested.
The fake information would have the additional advantage of diverting intelligence
efforts down the wrong track and boosting the chances of a successful terror
attack.
Thus even this superficially valid argument fails the practical test.
The ban on torture does not mean that intelligence officers and the police have to
treat a suspect as though such a suspect was a guest in their homes. There is a
general acceptance that robust interrogation can be used.
But this robust interrogation consists of lengthy periods of questioning, sometimes
by teams of skilled officers operating in relays. Every inconsistency in the answers is
rigorously probed and pursued. A liar will be worn down.
Eventually a skilled and experienced senior officer, and such a drastic interrogation
should always be led by this sort of person, will be able to make a professional
assessment over whether the suspect is involved. If not, a handsome apology
should be made and the tired and hungry, but unharmed, suspect be released.
Even in these cases the general principle is that there should be some real and
substantial evidence of involvement in a serious crime before any one can be
subjected to this procedure.
The cases of torture documented in the courts, both ours and others, show that this
abuse of legal and moral rights is committed by those who are unwilling to follow
the professional standards of their calling.
First class intelligence officers and first class police detectives do not resort to
torture. They obtain their information or their evidence with their brains, not their
hands. And that information is more reliable, and the evidence more solid, than
anything obtained under torture.
We hope the heads of our intelligence and police services make it abundantly clear
to all their officers that they will not tolerate torture in any circumstance. This also
applies to opposition leaders who have been arrested for kidnapping and torturing
members of other political parties. We don’t expect them to cry foul when the
tables are turned against them. Torture is wrong and useless.”
The Human Rights Forum agrees with the general observations of the Herald. However, it does
not agree that acts of torture are committed only by a small minority. The evidence suggests that
torture is a regular practice that is widely used. Torture is used not only to extract confessions,
but is often used to intimidate and terrorise those that the Government sees as “enemies”. It is
used by supporters of the Government, and is frequently used during elections in order to
intimidate citizens into voting for ZANU PF: this is the clear conclusion to be drawn from the data
relating to 2008.
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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