The Zimbabwe government and its authorities, led by President Emmerson Mnangagwa, are in serious breach of the constitution and international law by allowing torture of civil society and opposition political activists by state security agents, perpetrating “a crime against humanity”.
This comes after Robert Chere, Amalgamated Rural Teachers Union Secretary-General and activist, was seized with three other activists, including prominent civil society actor Namatai Kwekweza, from a plane and detained two days ago.
There other two victims were opposition Harare councillor Samuel Gwenzi and service provider Vusumuzi Moyo.
They were accused of taking part in a public demonstration to demand the release of former MP and minister Jameson Timba and over 70 others arrested on 16 June for gathering at a house in Avondale, Harare, for a braai.
Timba and others are accused of plotting public violence in the process, charges which they deny.
Chere’s torture has triggered fierce outrage and an outcry, reminding all and sundry that nothing has changed under Mnangagwa, a protege and enforcer of the late former president Robert Mugabe’s dictatorial rule who ousted his boss in a November 2017 coup.
The country has a long and troubling history of violence and torture dating back to colonial times, enthusiastically embraced and continued by Mugabe after Independence in 1980.
Torture, systematic inflicting of psychological and physical pain and suffering on victims for political and other reasons, is prohibited by the Zimbabwean constitution and international law.
It is “absolutely prohibited” and enjoins all members of the international community to outlaw it.
Chapter 4 of the Zimbabwean constitution provides that no person may be subjected to physical or psychological torture.
Section 53 says that the right not to be tortured may not be limited by any law and that no person may violate the right [section 86(3)].
This makes freedom from torture an “absolute” or “non-derogable” right, violation of which is not justifiable under any circumstances.
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, 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 general prohibitions of torture with a specific and detailed treaty designed to ensure elimination of torture in practice, United Nations Convention Against Torture United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
Predictably, Zimbabwe has not yet adopted [CAT], true to Zanu PF’s long-standing political culture of violence, brutality, torture and murder, with impunity.
Chere is one of the victims among scores of thousands others. Despite repeated previous government undertakings and assurances given to the UN Human Rights Committee and to the UN High Commissioner for Human Rights as way back as 2012, Zimbabwe has not yet adopted, signed or ratified it.
The current position can be summed up as follows:
• 166 of the 193 United Nations member states have adopted CAT and are state parties;
• Of 55 African countries, only two – Tanzania and Zimbabwe have neither signed nor ratified CAT;
• Of the 16 Sadc countries, 13 have adopted CAT and are state parties – these include all of Zimbabwe’s immediate neighbours – Botswana [2000], Zambia [1998], Mozambique [1999] and South Africa [1998].
Comoros, another Sadc state, signed CAT in 2000 and ratified it in May 2017. Of the remaining three, Angola signed in 2013, but has not ratified.
Only Zimbabwe and Tanzania have neither signed nor ratified. Zimbabwe Lawyers for Human Rights director Roselyn Hanzi says the use of torture against citizens is unconstitutional and a crime against humanity.
“The practice of torture is barbaric, archaic. Torture is a crime against humanity. It is a jus cogen norm (principle of international law which binds all states and does not allow any exceptions).
“Torture is regarded as part of customary international law and all states are bound by customary international law. It is very sad that Chere was severely tortured during his incommunicado detention of about eight hours.”
Hanzi adds: “Torture is an international criminal law offence: a crime under international criminal law. Whoever commits torture can be prosecuted in another country (jurisdiction) even if their home government has not criminalised torture. Zimbabwe cannot protect those who torture beyond its borders.
“It is time we identified those who have tortured and those who ordered such torture so that they can be prosecuted internationally.”
Marking International Day in Support of Torture Victims on 26 June 2019, UN Secretary-General António Guterres said: “The prohibition of torture is absolute — under all circumstances. “
Yet this core principle is undermined every day in detention centres, prisons, police stations, psychiatric institutions and elsewhere.”
