Hidden From The Courts, Torture Is 'Acceptable'

When I was serving in the police, I often would come across cases where the accused person had spent time with Charlie Ten (Central Intelligence Organisation – CIO) or had been held in custody by the ZANU PF militia. The accused people would claim that they had been beaten under their feet.

In my book, "Without Honour" I tell how a night of lawless violence in Plumtree (the border town between Zimbabwe and Botswana) had two brothers who owned businesses beaten senseless by the militia - and their feet and lower legs were damaged, almost irreparably. The two brothers packed up and moved to Botswana very soon thereafter.

how is this acceptable RuKxi 16744

"We beat prisoners beneath the feet, we are not crazy enough to hit the whole body because that can be used against us in court."

This is what a senior Zimbabwean police officer is reported to have told a South African newspaper in an interview, thus confirming the use of torture by the Zimbabwe Republic Police, (ZRP) and it is still the case that the ZRP resort to this horrible practice, as evidenced in the allegations of the use of falanga in the torture of Jestina Mukoko and the other 41 abductions.

Although torture has been seen in all three previous decades of Zimbabwe, it has become so commonplace since 2000 that it is only when particularly repugnant episodes occur that there is publicly expressed revulsion of it. Since its formation in 1998, the Zimbabwe Human Rights NGO Forum (Human Rights Forum) has issued a large number of reports about torture, urging an end to this vile practice.

Despite this, torture still continues to be practised on a widespread basis in Zimbabwe.

Falanga is unequivocally a form of torture and constitutes a serious criminal assault under Zimbabwean law. This form of torture has become particularly prevalent in the past five years. Although falanga has been reported in previous decades, it now appears to be very widespread indeed, and almost routine, both inside and outside of places of detention.

It is used by the police as well as non-state actors that are supporters of the government."

But will we see a rise in cases against the police for torture - and will we see a number of policemen actually being convicted for this heinous action?

Given that the Attorney General is a pro-Mugabe man, I very much doubt it.

"The police have a constitutional and professional duty to protect people against unlawful assaults and yet members of the police force are frequently perpetrating acts of torture as is documented in this report and has also been documented in previous reports of the Human Rights Forum.

The evidence establishes that the practice of torture, including falanga, is not carried out by a few aberrant law enforcement officers but instead is widespread and systematic. It is evident that it is not only the ZRP that are guilty of falanga, but that it has become a widespread practice carried out by proxy forces of the Zimbabwe government, and mostly by supporters and members of ZANU PF."

Mugabe-ites will never conform to the constitution - even if the provisions therein protect the population from violence. Mugabe is happy to allow this sort of thing to go on unchecked, because it leaves the element of fear with the community, and that allows the police to continue is their reckless endeavour to protect Mugabe and his destructive rule.

"Torture is one of the worst forms of inhumane treatment, involving as it does the deliberate infliction of severe pain, mental suffering and degradation upon a person who is in a helpless condition. It is usually carried out in a way that is grossly humiliating to the victim. It generally stops short of causing death, but sometimes victims are tortured to death. It causes physical injury (sometimes permanent disabling injury) and usually also leads to drastic long term psychological harm.

Torture is a vile practice which any civilized society will do everything possible to prevent and eradicate. As the Supreme Court observed, in the case of the Catholic Commission for Justice and Peace in Zimbabwe v Attorney-General1, "the right not to be subjected to torture stands as a sentinel over human misery, degradation and oppression."

If you remain unconvinced of the torture used on the population, then trawl back on the archive of "The Bearded Man" to April, May, June and July of 2008... There are photographs there which should assist in your decision.

What irks me a lot is that Mugabe talks about the 'atrocities' allegedly carried out by the Rhodesian security forces during the chimurenga - as yet unsubstantiated and unproved - and yet his people carry out this sort of thing on their own people... Zimbabweans.

Mugabe hasn't changed very much, has he?

"No civilized nation will permit its law enforcement agencies or its military forces to make use of torture or seek to justify, excuse or condone the use of such practices by these personnel. No civilized government will encourage or allow irregular forces or militias to inflict torture upon its opponents.

No civilized nation will grant an amnesty or pardon to persons who have used torture. Instead, a civilized nation will ensure that all persons who are alleged to have engaged in this despicable practice are prosecuted and, if found guilty, are punished in a manner that takes account of the gravity of this crime.

Victims should also be entitled to claim civil compensation for the harm they have suffered."

It is hardly surprising that Mugabe had his people deport a UN torture specialist from Zimbabwe recently. It wouldn’t do that Mugabe’s people are proven to be the torturers of their prisoners as often alleged.

Robb WJ Ellis

The Bearded Man