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Acrobat PDF - Kubatana

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Zimbabwe Human Rights NGO Forum<br />

Torture By State Agents In Zimbabwe<br />

3 The failure by the police to investigate crimes such as murder, rape and kidnapping which were committed by<br />

supporters of the ruling party and the war veterans during the period preceding the general elections.<br />

4 The attacks on the freedom of the press, which constitute a very grave situation and undermine the basic<br />

rights of all citizens to have access to information about the nation. These attacks have been made together<br />

with the blatant use of hate speech and racist rhetoric by a large number of Government ministers, Zanu PF<br />

officials and war veterans which are contrary to the laws of this country. The President and the Government<br />

have a constitutional duty to ensure that plurality of views is protected.<br />

We thus call upon the Government to take immediate steps to redress these situations and to institute<br />

investigations under the law of all parties who are in breach of the laws as indicated above.<br />

As regards violence, we note the following:<br />

1 A very large number of human rights violations have occurred. Torture, cruel and inhuman and degrading<br />

treatment continue to be practised on a wide scale and the concerns of the Human Rights Forum expressed<br />

in earlier reports seem to have little effect upon the Government and the police. War veterans, members of<br />

Zanu PF and its supporters seem to believe that they have the right to infringe on other people’s rights<br />

without being held responsible or accountable at law. This seems to have been bolstered by the formal<br />

impunity contained in the clemency order.<br />

2 The Zimbabwe Republic Police displayed indifference to the plight of the victims during the violence and in<br />

following up on charges pressed by the victims. This indifference must be strongly condemned.<br />

We repeat our calls for immediate investigations and prosecutions of all persons, irrespective of rank or<br />

political party affiliation. We condemn the clemency order and maintain our demand for the setting up of an<br />

independent judicial commission to investigate both pre and post-election violence.<br />

TORTURE DURING 2001<br />

Although there were periods during 2001 when organised violence and torture declined in relation to<br />

previous years, it was apparent that organised violence and torture did increase in association with the<br />

various parliamentary by-elections that took place. However, there was an absolute increase in<br />

organised violence and torture from the middle of the year as the campaign for the Presidential election<br />

took off in earnest. As the violence generally increased, so did the number of cases in which members of<br />

the police, the CIO and the army were alleged to be the primary perpetrators. This caused the Human<br />

Rights Forum to re-examine the evidence it had accumulated from past years. It found that the police,<br />

the CIO and the army had been implicated in violence to a far greater extent than it had realised. 8 As<br />

commented in the Annual Report of the Legal Unit for 2001:<br />

After a decent stock-take, it is clear that despite our recommendations for the years 1999 and 2000, there has<br />

not been any serious attempt by the government to restore the rule of law. Certain individuals still behaved as<br />

if they were above the law. We demand a restoration of the rule of law.<br />

In this respect, we reiterate our concern over the failure by the government to ensure that the police carry out<br />

their duties in terms of the Constitution of Zimbabwe and the Police Act. During the year, the failure by the<br />

8 See Zimbabwe Human Rights NGO Forum (2001), Who was responsible? Alleged perpetrators and their crimes<br />

during the 2000 Parliamentary Election Period, HARARE: ZIMBABWE HUMAN RIGHTS NGO FORUM.<br />

10

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