International Day In Support of Victims of Torture commemorates the
anniversary of the day, thirty-six years ago, when the Convention
against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment became a binding legal obligation for countries that had
ratified it.
Across the world, continuing impunity threatens to undermine the
universally recognised and absolute prohibition of torture, which is
embodied in the Convention against Torture and Other Cruel, Inhuman,
or Degrading Treatment of Punishment, which entered into force in
1987.
Despite the near-universal condemnation, torture and other violations
of human rights including other horrendous abuses are still
perpetrated around the world against human rights defenders and to
those who voice opinions that certain governments do not like
including detainees and perceived political opponents.
On International Day In Support of Victims of Torture, ZLHR stands in
solidarity with victims and survivors of torture and has assisted a
significant number of people to obtain redress and to promote
accountability for perpetrators who engage in these heinous practices,
which have the effect of destroying the lives of victims. Nonetheless,
we are concerned that some architects of torture are yet to be held to
account and we continue to receive reports of torture from across the
country.
In recent years and months, the excessive use of force by members of
the security services particularly members of the Zimbabwe Republic
Police (ZRP) against human rights defenders and ordinary citizens, has
been commonplace, despite some progressive provisions contained in
section 51 of the Constitution guaranteeing freedom from torture or
cruel, inhuman or degrading treatment or punishment.
ZLHR is concerned that the government of Zimbabwe has not ratified and
criminalised torture, despite torture being a crime under
international law and has been condemned as one of the vilest acts
perpetrated by human beings on other human beings and cannot be
justified under any circumstances.
Government’s lack of commitment to eradicate the culture of torture is
quite glaring as it has in the past accepted recommendations by
several United Nations member states to ratify the Convention against
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
and its optional Protocol.
As an organisation dedicated to fostering a culture of human rights
and seeking justice for victims of torture through litigation and
other forms of redress, ZLHR calls upon government to;
• Commit to eradicating torture by ratifying and domesticating the
Convention against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment;
• Criminalise torture and investigate all incidents and prosecute all
cases of torture;
• Ensure full accountability of all perpetrators and guarantee redress
and rehabilitation to victims of torture;
• Ensure that monetary damages granted by courts in cases of torture
are honoured timeously;
• Accept the outstanding request for a fact-finding country visit by
the UN Special Rapporteur on Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to examine some questions relevant
to rising incidences of torture with an aim to end the heinous
practice;
• Establish the Independent Complaints Mechanism and afford members of
the public with a platform to receive and investigate complaints about
misconduct on the part of members of the security services and for
remedying any harm caused by such misconduct.