The report released by lawyers from South Africa and Zambia after a visit to Zimbabwe highlights an increase on police torture, brutality and a disregard of high court orders by the Zimbabwean government.
Advocate, Andrea Gabriel, who leading the delegation that investigated policing in Zimbabwe said the most disturbing aspects were the open attacks on members of the legal profession.
“We were shocked at the levels of evidence of torture and police brutality and the impunity shown to members of the legal profession,” she said adding, “Perhaps the loudest alarm bell is the very clear and open contemptuous disregard of orders of the high court
Gabriel, a member of the Durban bar, said they were also disturbed by the complacency with which their reports were addressed.
According to the report, a lawyer acting for opposition leader Morgan Tsvangirai after his arrest was denied access to his client despite being granted a court order.
She said the current state of affairs was largely due to the actions of the Zimbabwe Republic Police who acted with the sanction of members of the executive.
Dr Overs Banda, honorary treasurer of the law society of Zambia, called for SADC and the international community to come to Zimbabwe’s aid.
“As far as the executive is concerned, there is no problem. But the people say otherwise. Zimbabwe needs outside help, said Banda
Deputy executive dean in Unisa’s college of law, Professor Danny Titus, said there was a need to step out of national boundaries and co-operate.
“The human rights framework on the continent is being questioned when it comes to the soft gloves with which we are treating Zimbabwe, he said
The delegation disagreed with president Mugabe’s arguments that pressure from the outside western countries was creating problems in Zimbabwe.
“They are acting in self-defence, Zimbabwean government’s problem is themselves,” said Banda.
Said Gabriel: “Somebody has to take responsibility for the internal collapse of the rule of law. [It] cannot lie anywhere but in the hands of the Zimbabwean government.”
The delegation’s findings were based on interviews conducted in Harare over five days in August with members of NGOs, the legal profession, the Chief Justice and the Judge President of Zimbabwe. The delegation was also given access to court records.
According to the report the minister of home affairs Kembo Mohadi failed to keep his appointment. The Attorney General, with whom the delegation had a meeting, confirmed in writing, “just ignored” them.
The investigation was prompted by “repeated reports” of abuse by the constitutionally created Zimbabwe Republic Police, particularly against members of the organised legal profession.
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