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This article participates on the following special index pages:
Strikes and Protests 2007- Save Zimbabwe Campaign
SAHRIT
condemns the use of torture and warns perpetrators of legal consequencies
thereof
Human
Rights Trust of Southern Africa (SAHRIT)
March 14, 2007
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Campaign index
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SAHRIT as a
Human Rights Non Governmental Organization condemns any form of
violence irrespective of the identity of the perpetrator. We are
horrified by the emerging indisputable and overwhelming evidence
that some leaders and supporters of the SAVE ZIMBABWE CAMPAIGN were
subjected to torture at the time of arrest and/or while in police
custody. We condemn in the strongest possible terms such glaring
breach of constitutional and human rights.
SAHRIT regrets
the death of Gift Tandare, an MDC activist, who at the time was
exercising his fundamental rights of association and assembly. The
barbaric attacks on the leadership and all supporters of the SAVE
ZIMBABWE CAMPAIGN are condemned in the strongest of terms. SAHRIT
also condemns in the strongest possible terms the denial of fundamental
freedoms of freedom of assembly, association and participation by
citizens in the governing of one’s country.
SAHRIT would
like to warn all those involved in the alleged torture that the
crime of torture is an international crime that attracts individual
criminal responsibility. The prohibition of torture is an absolute
prohibition and admits no exception (not even a state of emergency
would justify the use of torture as there are lawful and effective
ways of dealing with lawlessness). All those that are engaging in
acts of torture either directly or indirectly, irrespective of rank
face the risk of prosecution not only under our law but in terms
of international law. We categorically state that ‘superior orders’
are not a defense to an allegation of torture. The protection provided
for in terms of the Police Act does not extend to the crime of torture.
Those issuing the instructions for the commission of torture are
equally subject to international law.
We encourage
all the victims of torture to the extent possible to try and properly
secure all the details and information of the circumstances of the
torture including the identity of the torturer or such information
as would lead to the identity of the said torturers for possible
future prosecution.
The Government
of Zimbabwe is under a legal duty to provide an effective remedy
to all breaches of human rights. The state is therefore under a
duty to effectively investigate and prosecute all those alleged
to have committed the said torture. Any official who deliberately
covers up the details of the alleged torture may be guilty of complicity
in the torture. They too equally face the risk of prosecution under
international law.
For the avoidance
of doubt we wish to state that the allegation that the leaders of
the SAVE ZIMBABWE CAMPAIGN and their supporters were engaged in
some unlawful activities is no justification for the use of torture.
SAHRIT states that the purported ban of all political rallies by
the "regulatory authorities" in terms of the Public Order
and Security Act are illegal on the grounds that these regulatory
authorities have exceeded the powers that are given to them by the
Act. SAHRIT fully supports any legal action that will be taken by
the victims of torture to prosecute the perpetrators.
Visit the SAHRIT fact
sheet
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