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High Court Judge Justice Gladys Mhuri on Monday, 23 September reserved judgment after hearing and presiding over Obey Shava’s application seeking to compel the government to ratify the Convention Against Torture and to criminalise the practice of torture in Zimbabwe.
In an application filed at the Harare High Court on December 12, 2023, human rights lawyer Shava, represented by Tendai Biti of the Zimbabwe Lawyers for Human Rights, is seeking to compel President Mnangagwa, along with other officials, to ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This convention was adopted by the United Nations in 1984 and came into effect in 1987.
Shava, a torture victim himself, argues that torture, enforced disappearances, and violence are widespread in Zimbabwe, necessitating the government’s accession to the convention.
He claims that the failure to ratify the convention violates the Constitution, particularly the rights to equal protection under the law and the principles of constitutionalism and the rule of law.
Shava asserted that there is a culture of impunity where cases of torture are not investigated, leaving victims without legal recourse.
Despite constitutional protections against torture and inhumane treatment, Shava says that these rights are not enforced in practice.
Shava further argues that Zimbabwe is out of step with international norms, as the majority of UN member states and African countries have ratified the convention.
He says that by not ratifying it, Zimbabwe risks being viewed as a pariah state and calls for the country to uphold fundamental human rights and freedoms through adherence to international law.
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A man is asking the court to make Zimbabwe ratify a convention against torture. He says torture is common in Zimbabwe and victims have no justice. The man says the government should follow international rules to protect human rights. The court has not made a decision yet. The man's lawyer is trying to make the government stop torture. If Zimbabwe doesn't follow the rules, they might look bad to other countries. The man says everyone should be treated fairly and not hurt on purpose.

Judgment Reserved In Case To Compel Zimbabwe To Ratify Anti-Torture Convention

President Emmerson Mnangagwa is set to stand trial in the High Court on Monday, 23 September, over his government’s failure to implement legislation aimed at preventing and combating torture, a serious issue in Zimbabwe.
The case has been brought forward by prominent human rights lawyer Obey Shava of Shava Law Chambers, who himself is a victim of torture. He is represented by Tendai Biti from the Zimbabwe Lawyers for Human Rights (ZLHR).
Shava is seeking a court order to compel President Mnangagwa, along with other respondents—including the Minister of Justice, Legal and Parliamentary Affairs, Hon. Ziyambi Ziyambi, Parliament, and the Zimbabwe Human Rights Commission (ZHRC)—to ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
This convention was adopted by the United Nations General Assembly in December 1984 and came into force in June 1987. Below is a statement from the ZLHR regarding the case:
<blockquote>
In Harare, President Emmerson Mnangagwa is standing trial in court over his government’s reluctance to enact legislation aimed at preventing, prohibiting and combating torture, which is prevalent in the country. 
The trial is scheduled to commence on Monday 23 September at 10: AM at Harare High Court, where President Mnangagwa is being sued by prominent human rights lawyer Obey Shava of Shava Law Chambers, who is a victim of torture.
In an application filed at Harare High Court on 12 December 2023, Shava, who is represented by Tendai Biti of the Zimbabwe Lawyers for Human Rights (ZLHR), wants the court to compel President Mnangagwa and other respondents namely, Justice, Legal and Parliamentary Affairs Minister Hon. Ziyambi Ziyambi, Parliament, and the Zimbabwe Human Rights Commission (ZHRC), to accent to and ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, that was adopted by the United Nations General Assembly in December 1984 and which came into operation in June 1987.
The human rights lawyer, who is a victim of torture after he was tortured by some unknown assailants in July 2023, argued that torture, violence, enforced disappearances and abductions are widespread in Zimbabwe, hence President Mnangagwa must be compelled to accede to and deposit the necessary instruments of accession to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment with the UN and place the same for ratification before Parliament within 12 months of the granting of the court order.
He charged that President Mnangagwa’s failure to accede to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is a breach of the Constitution and is also a violation of his right to equal protection of the law codified by section 56 of the Constitution and a breach of his right to constitutionalism and the rule of law guaranteed under section 47 of the Constitution. 
Shava bemoaned the systematic pattern of enforced disappearance, abduction, torture and cruel and degrading treatment, which several people including himself, human rights defenders, opposition political party supporters, legislators and ordinary citizens, have been subjected to including being injected with unknown substances.
He argued that cases of torture are never investigated and no one is prosecuted for committing such heinous crimes.
The Constitution, Shava argued, protects first generation rights such as the right to life, liberty, fair trial, human dignity and the right not to be subjected to torture, cruel or degrading treatment and that torture is implicitly prohibited under section 48 of the Constitution, which provides for the right to life and also under section 51, which protects the right to human dignity.
The human rights lawyer argued that despite the existence of progressive constitutional provisions on torture, personal liberty, fair trial, legal representation, human conditions of detention and human dignity, the same have not been incorporated into subsidiary legislation and are not being enforced in practice. 
Shava, who stated that there is a culture of impunity which has left hundreds of people without legal recourse, said it was regrettable that Zimbabwe has not ratified the International Convention for the Protection of all Persons from Enforced Disappearances, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Optional Protocol to the International Covenant on Civil and Political Rights or the Rome Statute, which would criminalise enforced disappearances and torture and provide means to seek redress internationally.
He said the respondents cited in his application, who are Hon. Ziyambi, President Mnangagwa, Parliament and ZHRC, are bound by customary international law, which is part of international law of Zimbabwe to take measures to ensure the enactment of a law criminalising torture and stated that there is no reason why Hon. Ziyambi, President Mnangagwa, Parliament and ZHRC should fail to accede to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Shava submitted that Zimbabwe is out of step with the rest of Africa and the world as 162 out of 193 members of the UN have become state parties to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
He contended that out of 55 African countries, only four namely, Zimbabwe, Angola, Tanzania and Sahrawi Arab Democratic Republic have neither signed nor ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment while of the 15 SADC countries, 12 are state parties and only two, Zimbabwe and Tanzania, have neither signed nor ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The human rights lawyer argued that by standing out and refusing to accede to and ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Zimbabwe is putting itself in the disrespectable category of pariah states.
As a decent country bound by the rule of law and constitutionalism, Zimbabwe, Shava said, should sign and ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to ensure protection of fundamental human rights and freedoms and the rule of law.
</blockquote>
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President Mnangagwa of Zimbabwe is going to court for not stopping torture. A human rights lawyer named Obey Shava is suing him for not following the rules against torture. Shava wants the court to force Mnangagwa to agree to a worldwide rule against torture. Shava says torture is happening a lot in Zimbabwe and no one helps. He wants Zimbabwe to follow the rules that most other countries are following to stop torture. Shava says Zimbabwe is not a good country if it doesn't follow these rules. The court case will start on September 23.

High Court To Hear Case Against Mnangagwa Over Failure To Combat Torture

<blockquote>TODAY is the United Nations (UN) International Day In Support of Victims of Torture. Zimbabwe Lawyers for Human Rights (ZLHR) stands in solidarity with all victims and survivors of torture.
Commemorated every year on 26 June, International Day In Support of Victims of Torture is an opportunity to call on all stakeholders across the world to unite in support of survivors and victims of torture around the world, who have been victims and survivors of torture and those who are still tortured today.
It is also important for stakeholders to evaluate progress made in the commitment to eradicate the pervasive culture of torture, an international crime. The practice has long attained the status of customary international law, and it can never be permitted under any circumstance.
In the face of the coronavirus pandemic, International Day in Support of Victims of Torture is being commemorated under the theme “combatting torture and ill-treatment in the COVID-19 context”.
Across the world, several countries have put measures in place to prevent and mitigate exposure to Coronavirus (COVID-19) including imposing lockdowns as well as setting up quarantine facilities. Zimbabwe has been no exception.
While ZLHR acknowledges the clear imperative to take firm action to combat COVID-19, all state actors must uphold the obligation to prevent torture, inhuman or degrading treatment.
Any measures introduced to mitigate the spreading of COVID-19 must never result in torture, inhuman or degrading treatment of persons deprived of their liberty.
While the Declaration of a State of National Disaster empowered the government to promulgate some national lockdown regulations to deal with the COVID-19 pandemic, this does not in any way limit its obligation to respect fundamental rights contained in the Constitution.
Section 83(3) of the Constitution of Zimbabwe prohibits the practice of torture under any circumstances including the Declaration of National State of Disaster or even a State of Emergency.
ZLHR is extremely concerned at the increased incidents of torture during the lockdown over the last three months. Equally compelling is the complete failure by the state to fight impunity by investigating, prosecuting and punishing perpetrators of torture.
Instead, while appearing as if it is investigating the incidents of torture following complains by victims, the government has in some instances proceeded to prosecute some victims of torture.
Human rights defenders deprived of their liberty during the outbreak of coronavirus pandemic have faced increased risks by being subjected to torture, cruel, inhuman or degrading treatment or punishment in violation of provisions of the Constitution which outlaws this practice in section 53.
The lack of commitment to eradicating the culture of torture by government is glaring. Government has in the past accepted recommendations made by several United Nations member states to ratify the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol.
This recommendation was accepted during the first cycle review in 2011 of the United Nations Human Rights Council-led Universal Periodic Review Mechanism.
In November 2016 during the second cycle review, this recommendation was made again as it had not been implemented. Government proceeded to reject this recommendation in March 2017.
As an organisation committed to seeking justice for all victims of torture through litigation and other forms of redress, ZLHR affirms its commitment to continue the fight against torture, other cruel, inhuman, degrading treatment or punishment and calls upon government to;
• Criminalise torture, investigate all incidents and prosecute all cases of torture;
• Ensure full accountability of all perpetrators and guarantee redress and rehabilitation to victims;
• Establish a mechanism to ensure that monetary damages granted by courts in cases of torture are timeously honoured;
• Commit to eradicating torture by ratifying and domesticating the Convention against Torture, Cruel, Inhuman and Degrading Treatment and its Optional 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 rising incidences of torture with a view to developing a set of recommendations to end the pervasive practice of torture.
• Establish independent complaints mechanisms which afford members of the public with a platform to report misconduct and torture offences against members of the security services, agencies or other offenders in line with the Zimbabwe Constitution.
• Align provisions of the Police Act with the Constitution to minimise cases of torture.</blockquote>

Zimbabwe Lawyers for Human Rights Statement On International Day In Support Of Victims Of Torture {Full Text}

<blockquote>The Legal Resources Foundation (LRF) joins the rest of the world in commemorating the International Day in Support of Victims of Torture. The 26th of June is set aside to honour and support victims and survivors of torture as well as to denounce the crime of torture.
This year’s commemoration is particularly significant for Zimbabwe as it is taking place against a background of reports and allegations of beatings, detention, and torture of human rights and political party activists.
We note with concern that while governments across the world are increasingly expressing commitment to eradicate torture, with 169 countries being party to the Convention against Torture Other Cruel, Inhuman or Degrading Treatment or Punishment as of October 2019, Zimbabwe is yet to ratify the Convention.
The United Nations Convention Against Torture aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
The Convention requires state parties to take effective measures to prevent torture in any territory under their jurisdiction and forbids states to transport people to any country where there is a reason to believe they will be tortured.
The absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle of customary international law.
At the regional level, Zimbabwe is a signatory to the African Charter on Human and Peoples’ Rights which also prohibits torture based on the dignity inherent in a human being.
Section 53 of the Constitution of Zimbabwe provides that no person may be subjected to physical or psychological torture or to cruel, inhuman, or degrading treatment or punishment.
The LRF, therefore, urges the government of Zimbabwe to;
1. Ratify the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984.
2. Conduct a full and thorough investigation into the reports of abductions, beatings, and subsequent torture with a view to ending impunity for perpetrators.
3. Enact legislation that expressly outlaws torture in Zimbabwe and bring to justice suspected torturers.
4. Set-up an independent complaints mechanism in terms of section 232 of the Constitution which will investigate complaints against members of the security forces against whom allegations of torture or cruel, inhuman, or degrading treatment or punishment are made.</blockquote>

Legal Resources Foundation Commemorates International Day In Support Of Victims Of Torture {Full Text}

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