Zims abroad observe special day for torture victims

p; Zimbabweans first organised such an event in 2002 under the auspices of the English Law Society. Subsequent years saw the holding of an annual church service, usually at St Martins in the Fields off Trafalgar Square, followed by a march to the nearby Zimbabwe Embassy and the laying of flowers in memory of all those who have suffered gross human rights violations under the current regime.
It was on 26 June 1987 that the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (the Torture Convention) came into force. To date 141 state parties have ratified the Torture Convention, making it one of the most widely ratified of all international treaties. Zimbabwe steadfastly refuses to do so, along with states like North Korea, the Sudan and Burma.
Although Zimbabwe refuses to ratify the Convention, this does not mean that its torturers are immune under international law – far from it. Torture is absolutely prohibited under customary international law, which applies to the Mugabe regime’s officials whether they like it or not. This means that there are few safe havens for Zimbabwean torturers outside its borders, and they are getting fewer. The Pinochet case in the late nineties was a dramatic illustration of what can lie in store for former heads of state of brutal regimes.
Recent events have also seen growing recognition of the rights of torture victims, culminating in the UN General Assembly adopting a crucial document in December 2005: the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. These Basic Principles are not new international laws but bring together in one document the international standards applicable to victims of violations. It is a significant step forward for torture survivors (and others who have been severely abused by the state) everywhere, making it that much easier to point to their internationally recognised rights to restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Sadly, it is true that without the political will at both the national and international level, victims will continue to be side-lined. In Zimbabwe there is no realistic prospect at the moment that victims’ rights will be enforced. In the absence of the rule of law and a government concerned with basic human rights torture continues unabated and survivors suffer largely in silence. Nevertheless, justice will be obtainable provided people are prepared to strive for it. There is growing international recognition that the present situation is both untenable and unsustainable. Once the democratic space opens up there will be more room for victims to raise there voices, and it will be imperative that full reparation – including holding perpetrators to account – remains at the centre of any transitional process. Failure on this front is not an option if Zimbabwe’s cycle of impunity is to be broken, once and for all.
The 26 June event in St Martin’s Church is being organised by the International Liaison Office of the Zimbabwe NGO Human Rights Forum, the Zimbabwe Association, REDRESS, and others. In an important example of African solidarity this year the Sudanese Organisation Against Torture (SOAT) will also be involved. See more details in The Zimbabwean next week.
Kevin Laue is a Zimbabwe lawyer working as a consultant for The Redress Trust, an international NGO mandated to seek reparation for torture survivors. This article is written in his personal capacity.