Abstract
Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Zimbabwe. This is done to investigate the adequacy of the legal framework in Zimbabwe with regard to the combatting of torture. In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of Zimbabwe Amendment (No 20) Act, 2013 (Zimbabwe Constitution, 2013) prohibits torture, more may still need to be done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN Convention against Torture) to date. Lastly, concluding remarks and possible recommendations that could be employed to discourage torture-related human rights abuses in Zimbabwe are provided.
 
Highlights
Torture could include an act or practice by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity
It is reported that the Zimbabwe African National Liberation Army (ZANLA), the Zimbabwe People's Revolutionary Army (ZIPRA), guerilla soldiers and other persons who were suspected to be enemies of the ruling white-minority Rhodesian government were often captured and brutally tortured, especially in the rural areas, from 1965 to the 1970s
Torture-related activities that are inherent in or incidental to lawful sanctions do not give rise to the torture offence under the UN Convention against Torture.184. It appears that any negligent or reckless acts of inflicting severe pain or suffering on others do not suffice for the purposes of the offence of torture under the UN Convention against Torture, 175 Principle 11 of the United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, adopted and proclaimed by General Assembly (GA) resolution U.N.GA, A/RES/60/147 of 16 December 2005 which was later published on 21 March 2006; see paragraphs 11(c); 24 & principle II.3(d); article 6; see Fernandez and Muntingh 2015 J Afr L 18
Summary
Torture could include an act or practice by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are still prevalent, especially prior to and/or during general political elections in Zimbabwe in the post-independence era. this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection. Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date.. Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date.2 These torture-related human rights violations were problematic during the liberation war era in Zimbabwe.. These torture-related human rights violations were problematic during the liberation war era in Zimbabwe.3 Such violations are still prevalent, especially prior to and/or during general political elections in Zimbabwe in the post-independence era.. 1987, adopted by General Assembly resolution 39/46 on 10 December 1984, which came into force on 26 June 1987 (UN Convention against Torture) See further a 5 of the Universal Declaration of Human Rights (1948) (UDHR); a 5 of the African Charter on Human and People's Rights (1981) (ACHPR)
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