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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>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

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

The lawyers representing four pro-democracy activists arrested at the Robert Gabriel Mugabe International Airport last Wednesday have described the horrific mistreatment their clients endured at the hands of state security agents.
Namatai Kwekweza, the recipient of the prestigious Kofi Annan NextGen Democracy Prize in 2023, Robson Chere, Samuel Gwenzi, and Vusumuzi Moyo were dragged out from a plane bound for Victoria Falls, and reportedly tortured while being held incommunicado for hours.
The four pro-democracy activists appeared before the Harare Magistrate Court on Friday, facing charges of disorderly conduct.
They were accused of involvement in a demonstration protesting the detention of Jameson Timba, a leader of the Citizens Coalition for Change (CCC) faction.
As reported by <a href="https://cite.org.zw/lawyers-detail-brutal-treatment-of-pro-democracy-campaigners/">CITE</a>, during the court proceedings, the activists’ lawyers – Jeremiah Bhamu, Tinashe Chinopfukutwa, Roseline Hanzi, and Charles Kwaramba from the Zimbabwe Lawyers for Human Rights (ZLHR) – described the systematic assault their clients had endured.
One of the activists, Kwekweza, was subjected to particularly cruel treatment. Fully aware of her recent dental procedure, one of her assailants deliberately shoved a shoe and metal bar into her mouth, inflicting excruciating pain.
She was also threatened with further violence if she refused to cooperate. Her phone, laptop, and passport were also seized.
The lawyers said Kwekweza was not even in Zimbabwe when the alleged crime was committed at the Harare Magistrate Court on June 27, 2024.
Moyo who is said to be a sound engineer for a prominent musician was also beaten up.
Chere, the secretary general of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ), was allegedly beaten with an iron bar, leaving him with bloodshot eyes for two days. His phone was also used to record the assault.
Chere’s ordeal continued with waterboarding, and his dreadlocks were forcibly cut off.
His lawyers detailed how the assailants threatened to kill him or rape his wife if any demonstrations took place ahead of the SADC Summit. They also made chilling threats against his family.
Harare councillor Samuel Gwenzi was allegedly struck with open palms and iron bars, and ordered to chant ZANU-PF slogans and declare his Citizens Coalition for Change (CCC) party a “Western puppet party.”
Gwenzi’s captors even threatened to harm his children. His phone was also seized, and he was subjected to further beatings.
The assailants additionally threatened to kill other opposition leaders, including Gift Ostallos Siziba and Takudzwa Ngadziore, if they planned any protests.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Four pro-democracy activists were mistreated by state security agents after being arrested at the airport. The activists were dragged from a plane and tortured while held incommunicado for hours. They appeared in court facing charges of disorderly conduct for protesting a leader's detention. The lawyers representing them described the brutal treatment they endured. One activist had a shoe and metal bar shoved into her mouth, while another had his dreadlocks forcibly cut off and was threatened with violence against his family. The activists were also threatened with harm if they planned any protests.

Pro-Democracy Activists Describe Brutal Mistreatment By State Agents

The Zimbabwe Lawyers for Human Rights has called on the government to take steps to eradicate the culture of torture. In a statement to mark the International Day in support of victims of torture, ZLHR said
<blockquote>ON INTERNATIONAL DAY IN SUPPORT OF VICTIMS OF TORTURE, COMPENSATE VICTIMS AND ERADICATE TORTURE
Zimbabwe Lawyers for Human Rights (ZLHR) stands in solidarity with all victims and survivors of torture and calls on the government to take measures to ensure that all victims and survivors of torture move from horror to healing’ Torture can only be fully eradicated if and when the government takes all necessary legislative and administrative measures (including comprehensive reforms) to prevent the further occurrence of this crime and provide victims and survivors with effective remedies.
Section 53 of the Constitution remains a milestone in the fight against torture in Zimbabwe. However, there is need to take more action to prevent further occurrence of this heinous crime and to fully compensate victims.
Today, ZLHR remains concerned that the process of healing for victims and survivors of torture remains long drawn out, and there is generally lack of political will to put in place adequate measures to eradicate the pervasive culture of torture.
Although some favourable judgments have been handed down by courts, awarding some victims of torture monetary compensation for their pain and suffering at the hands of state actors, of great concern is the delays in the justice delivery system that has led to some victims and survivors waiting for many years to have their cases heard within a reasonable time. Further, delays in paying out the monetary awards by state actors worsen the situation for victims and survivors.
ZLHR stands in solidarity with all the victims of torture, cruel, inhuman and degrading punishment or treatment who are yet to have ‘their day in court’ as the wheels of justice continue to tum slowly. Such delays can further fuel the culture of torture and impunity, as perpetrators are not made accountable, making it difficult for victims and survivors to move away from ‘horror to healing’
It is disheartening that while the government accepted the recommendation to ratify the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol in 2011 during the United Nations Human Rights Council-led Universal Periodic Review Mechanism, this recommendation which was made again in November 2016 was not accepted by the government in March 2017. The recommendation had been made by several United Nations member states, that were concerned about the continued occurrence of incidents of torture in Zimbabwe.
In the fight against torture, ZLHR urges (the) government to:
• Fully embrace the recommendations to ratify and domesticate the United Nations 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 United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to examine some questions relevant to torture; 
• Criminalise torture, prosecute all cases of torture and take adequate measures to prevent all forms of torture and inhuman or degrading treatment; 
• Align provisions of the Police Act with the Constitution to minimise cases of torture and take legislative and other measures to afford all law enforcement officers with training on human rights protection. 
• Implement comprehensive reforms within the security sector to eradicate the occurrence of torture. 
• Ensure that all court cases on behalf of victims of torture are heard within a reasonable time 
• 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. 
• Establish independent complaints mechanisms which afford members of the public with a platform to report misconduct and torture offences against law enforcement agencies, security services or other offenders in line with the Zimbabwe Constitution.</blockquote>
<h3>Also Read, <a href="https://news.pindula.co.zw/2018/06/21/high-court-orders-four-police-officers-to-pay-17-000-compensation-to-victim-of-police-brutality/" rel="noopener" target="_blank">High Court Orders Four Police Officers To Pay $17 000 Compensation To Victim Of Police Brutality</a></h3>

Full Text: Take Steps To Eradicate Culture Of Torture: Lawyers For Human Rights Urge Govt

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