THE Zimbabwe Lawyers for Human Rights (ZLHR) has described as regrettable and disturbing the failure by government to criminalise torture even though the Constitution outlaws the inhuman practice.
By NQOBANI NDLOVU
In a statement to mark the United Nations International Day in Support of Victims of Torture, the ZLHR said it was regrettable that the government is not taking steps to eradicate torture 37 years after independence by, for example, ratifying and domesticating the United Nations Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.
“It is disturbing that torture has not yet been criminalised even though section 53 of the Constitution enshrines freedom from torture or cruel, inhuman or degrading treatment or punishment and reiterates the prohibition of torture under international law,” the lawyers said.
“ZLHR remains committed to seeking justice for all victims of torture through litigation. As an organisation committed to fostering a culture of human rights, in the absence of political will to reform laws and institutions fuelling torture, ZLHR will continue to litigate and seek justice for victims and survivors and push for reform of administrative practices and other conduct that fuels torture.”
Torture is a crime under international law.
Several Zimbabweans have gory tales to tell of torture particularly at the hands of State security organs.
In March, government rejected recommendations by UN member States calling for the ratification of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its optional protocol.
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The recommendations were made during the Human Rights Council-led Universal Periodic Review (UPR) meeting. The UPR reviews the implementation of human rights in UN member states.
ZLHR urged the government to “fully embrace the recommendations to ratify and domesticate the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Protocol”.
“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 torture,” ZLHR said.
“Ensure full accountability of all perpetrators and guarantee redress and rehabilitation to victims including the establishment of a mechanism to ensure that monetary damages granted by courts in cases of torture are honoured timeously.”
