Take action to prevent further occurence of torture

Although freedom from torture, cruel, inhuman or degrading treatment or punishment is an absolute right, the heinous crime of torture persists, 36 years after independence. Torture has regrettably occurred in places of detention, and sometimes in the full glare of the public with some law enforcement agents, and/ or other state actors. Disturbing incidents of torture that have been documented in the past and in recent weeks, involving human rights defenders and citizens, including suspects in police custody.
Torture is not only a crime against humanity, but it is an affront to fundamental human rights. Prohibition of torture also forms part of customary international law that binds all States – including Zimbabwe.
Commendably, in 2011, during the United Nations Human Rights Council state-driven Universal Periodic Review, the Government of Zimbabwe made various commitments to take measures to address the prevalent scourge of torture. This includes ratifying outstanding human rights instruments such as the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, its related protocols as well as criminalising all acts of torture. There has been no tangible progress to fulfill these voluntary commitments although Zimbabwe is up for a second review in November 2016. The Government has also not taken enough action to publicise the provisions of the Robben Island Guidelines for the Prohibition and Prevention of Torture in Africa adopted by the African Commission on Human and Peoples’ Rights.
The Constitution now provides for freedom from torture and restates the prohibition of torture under international law. This progressive provision needs to be reinforced with implementation. Additionally responsible state actors have a duty to punish those who perpetrate such acts.
ZLHR recognises the positive role of the judiciary of providing remedies to victims of torture over the years.  However, victims of torture continue to experience delays in determination and finalisation of cases. In some cases, the monetary awards provided by courts have not been honoured. This does not only affect the right to an effective remedy for victims but continues to breed the culture of impunity amongst the perpetrators.
As a law based organisation that is committed to fostering a culture of human rights in Zimbabwe, ZLHR will continue to assist victims of torture to access legal remedies and calls upon government to;
•    honour the voluntary commitments to ratify and domesticate the provisions of United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its related protocols;
•    adopt and implement adequate administrative and legal reform measures to prevent further occurrence of torture;
•    establish a mechanism to ensure that monetary damages granted by courts in cases of torture are honoured;
•    work closely with non state actors to restore the dignity of torture victims by adopting relevant  complimentary holistic measures that include rehabilitation of victims.