The Prohibition of Torture and Ill-treatment in the African Human Rights System:
A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES
Beyond the contentious issue of land reform and the right to property under the
African Charter, the mission also investigated allegations related to torture. The
mission received ‘testimony from witnesses who were victims of political violence
and other victims of torture while in police custody’.527 There were allegations of
arbitrary arrests of the President of the Law Society of Zimbabwe, among others,
and of torture of opposition leaders and human rights defenders. In its report,
the Commission found that in many instances those responsible were ‘ZANU PF
party activists’. However, on the strength of assurances by President Mugabe and
other ZANU PF politicians ‘that there has never been any plan or policy of violence’,
the Commission refrained from concluding that the violations constituted an orchestrated Government-sanctioned pattern. In this respect, it was evident that too
much deference was granted to the State.
A less equivocal finding was that there existed no effective institution to oversee
the lawfulness of police action and to receive and investigate complaints against
the police. Although there existed an Office of the Ombudsman, it had displayed
bias in its activities; it was also under-resourced and mostly inactive, and delayed
the publication of its reports. Consequently, it had lost public confidence. One of
the Commission’s recommendations was the creation of an independent mechanism to receive complaints regarding police conduct.
The politicisation of the Zimbabwean police force was also deplored. Youth militia, trained in ‘youth camps’, were reportedly used to fuel political violence. The
Commission recommended their abolition. The Commission also referred to ‘elements’ within the criminal investigation unit who ‘engaged in activities contrary to
international practice’. In order to improve the professionalism and accountability
of the police service, the Commission recommended that the Government study
and implement the Robben Island Guidelines.528
When the Commission eventually presented the report as part of its Sixteenth
Activity Report, the Zimbabwean representative protested that his Government
had not been given an opportunity to respond to the findings. Although the
Commission disputes the factual correctness of this contention, the report was
referred back to the Government for its comments. As a consequence, the Assembly
for the first time refused to authorise the publication of the Commission’s activity report. The mission report was only authorised for publication after the
Government had provided a response, which was included in the Commission’s
Seventeenth Activity Report.529
527 ACHPR, Executive Summary of the Report of the Fact-finding Mission to Zimbabwe, Annex II,
EX.CL/109 (V), para. 3.
528 See Robben Island Guidelines, supra note 63.
529 ACHPR, 17th Annual Activity Report.
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