5
systematic attack against civilians in pursuit of state policy. On the other hand, under the United
Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT), a single act of official torture is enough to fall foul of the Torture Convention.
For the purposes of the Torture Convention torture is defined as involving the following
elements:
•
the intentional infliction of severe pain and suffering, whether physical or mental;
•
the purpose of inflicting the pain or suffering must be•
to obtain from the victim or another person information or a confession;
•
to punish the victim for an act that the victim or another person has
committed or is suspected of having committed;
•
•
to intimidate or coerce the victim or another person; or
•
for any reason based upon discrimination of any kind;
the pain or suffering must be inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official
capacity.
The key point in this definition is the involvement of a public official or person acting in an official
capacity. The public officer could be a police officer, an intelligence officer, an army officer or
some other public servant. The Convention also lays open the possibility that other persons, who
are not officials, but are acting with the full support of the state or the government, may commit
torture: the point here is that it is the causal nexus between the perpetrator and the state that
will define an act as torture or not. Here it is important to note that governments can avoid the
torture label by creating forces and groups outside of the state agencies.
The importance of the Torture Convention
In its preamble, it is stated that State Parties to this Convention are desirous of making “more
effective the struggle against torture and other cruel, inhuman or degrading treatment or
punishment throughout the world.” This is a laudable goal, and Zimbabwe should join in the
pursuit of this goal.6
6
The Parliament of Zimbabwe actually previously passed a vote in which it called upon the Government of Zimbabwe to
ratify this instrument, but the President of Zimbabwe has ignored this vote.
Zimbabwe Human Rights NGO Forum. Only bruises on the soles of their feet.
The use of Falanga by the Zimbabwe Republic Police.