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