9 Political Rights and the African Charter on Human and People’s Rights, both of which contain absolute prohibitions of torture.25 Falanga as torture Falanga is a very ancient form of torture, and it seems that originally it was peculiar to the Middle East. However, in the past three decades, falanga has been found right across the world, wherever torture is found. Falanga is the systematic beating of the soles of the feet using some form of instrument, such as a stick, a baton, an iron bar, etc. In order for it to be done, a person must obviously be restrained in some way. Thus when falanga occurs it is torture as defined in the UN Convention: it is the deliberate infliction of severe pain for the purpose of punishment, or intimidation, or to extract a confession. Falanga is one of the few methods of torture that has been well-researched.26 The type of assault can range from whipping with an instrument such as a sjambok whip through to severe beatings using a baton or an iron rod. The degree of injury will depend on a number of obvious factors: the instrument used, the force that is applied [whipping versus beating, for example], and the length of time that force is applied. In the acute stage, immediately after torture, the extensive bruising of the feet is easy to observe, but it may be more difficult to detect much later. Bleeding and bruising are the most common post-torture signs, with swelling and discoloration of the feet. In very severe cases, there can be ulceration and gangrene, but this is not common. There may also be fractures of the toes and the bones of the feet too. All these acute changes, except serious fractures, disappear within weeks, but permanent soft tissue lesions may be a result. The victims frequently complain later of chronic pain, which is dull and cramping, and intensifies with weight-bearing or exercise. This pain may spread up the lower legs. They can also complain of a stinging, burning sensation which is spontaneous or can be elicited in the soles of the feet on examination. There can also be changes in the sensation of the feet, with a tendency of the 25 26 See Article 7 of the International Covenant on Civil and Political Rights and Article 5 of the African Charter on Human and People’s Rights. An absolute prohibition of torture is also contained in Article 5 of the Universal Declaration of Human Rights. See, for example, Rasmussen, O.V., Amris, S.,Blaauw, M., & Danielsen, L (2005), Medical, physical examination in connection with torture. Section II, TORTURE, 15, 1, 37-46. Zimbabwe Human Rights NGO Forum. Only bruises on the soles of their feet. The use of Falanga by the Zimbabwe Republic Police.

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