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OpenFull Statement: Zimbabwe Human Rights Commission Condemns Abductions, Assaults And Torture Of Citizens
Full statement by the Zimbabwe Human Rights Commission (ZHRC) on allegations of assaults, abductions, and violations of human rights and freedoms:
The Zimbabwe Human Rights Commission (ZHRC) is the National Human Rights Institution for Zimbabwe. The ZHRC has the mandate to protect, promote and enforce human rights and freedoms.
In terms of Section 243(1)(c) and (f) of the Constitution, the ZHRC has the power, respectively to monitor, assess and ensure the observance of human rights and freedoms; and investigate the conduct of any authority or person whenever allegations of violations of the human rights and freedoms enshrined in the Declaration of Rights are made.
In furthering this mandate, the ZHRC took note, with concern, of the incidences involving reports of torture, assaults, abductions, and violations of various human rights and freedoms, through its media monitoring process and initiated investigations, which are still underway.
Among the cases being investigated are the cases of Jameson Timba and 78 (seventy-eight) others who were allegedly arrested under questionable circumstances, tortured and assaulted by officers of the Zimbabwe Republic Police (ZRP) on the 16th of June 2024, at a private residence at No. 6 Downie Road Strathaven, Avondale West, in Harare.
The ZHRC further took note of the alleged arrest under unclear circumstances, and assault on members of the Zimbabwe National Students’ Union (ZINASU) at the ZESA Training Centre in Harare on the 24th of July by officers of the ZRP.
In terms of Section 243 (1) (e) of the Constitution, the ZHRC has the mandate to protect the public against the abuse of power and maladministration by the State, public institutions, and officers of those institutions.
Thus, the ZHRC condemns any acts of abuse of power by State agencies, and in this case seeks to establish the facts and circumstances involved in these allegations with a view to securing, in terms of its mandate in section 243(1) (g) of the Constitution; appropriates redress in the event that human rights were violated.
Additionally, the ZHRC also noted the alleged abduction of Namatai Kwekweza, Robson Chere, Rodney Gwenzi and Vusumuzi Moyo by unknown perpetrators, from an airplane at Robert Mugabe International Airport on 31 July 2024, and subsequent torture. The perpetrators of these heinous acts if proven, need to be identified and prosecuted.
In light of the aforementioned, the alleged assaults, abductions, and human rights violations pose an affront to the right to human dignity (Section 51), the rights to personal security (Section 52), freedom from torture, cruel, inhuman, and degrading treatment (Section 53), the right to personal liberty), political rights (Section 67) freedom of assembly and association (section 58) and the rights of children (section 81).
The respect of human rights and freedoms helps the people of Zimbabwe to live together peacefully and ensures humane treatment for all society members, and promotes the prosperity that we all desire.
While investigations into the alleged violations are underway, the ZHRC condemns all and any acts of heavy-handedness and violence by State and non-state actors alike and wishes to remind and encourage all State, private institutions and individuals to respect and protect human rights and freedoms.
Further, the ZHRC emphasises that the enforcement of any laws can and must be done with due respect to human rights and freedoms.
The law has ample provision for law enforcement without recourse or need to undermine fundamental freedoms.
Law enforcers must remember that they must arrest only when they hold reasonable suspicion of the commission of an actual crime and not to arrest in order to investigate as that would illegal; and that the violation of fundamental rights of arrested and detained persons will ultimately be an exercise in futility, and a waste of precious and scarce State resources if found to be in contravention of section 51 of the Constitution.
This is because such arrests and detention will be held illegal in terms of section 51(8), and the concerned officials’ risk be held personally liable for compensation in terms of section 50(9).
In view of the above, the ZHRC hails the progress made by the State towards setting up the Independent Complaints Mechanism for complaints against members of the security services in terms of section 210 of the Constitution, and urges it to expedite the process.
The ZHRC strongly recommends, meanwhile, that the Zimbabwe Republic Police expeditiously investigate cases of violence and improper conduct against arrested and detained persons.
All institutions in the justice delivery system must ensure that all due processes of the law are followed to ensure that justice is done and that all offenders are brought to justice.
The ZHRC also urges the State to complete the circle of zero tolerance against torture begun by section 53 of the Constitution’s prohibition of torture, by ratifying the United Nations Convention Against Torture and its Optional Protocol, so that torture may be more effectively dealt with by the law.
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