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

Pindula News

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

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

Citizens Coalition for Change (CCC) MP, Prosper Mutseyami, has urged the government to accede to the International Convention for the Protection of All Persons from Enforced Disappearances (ICPPED) to stop the culture of State-sponsored abductions.
ICPPED is an international human rights instrument established by the United Nations to prevent enforced disappearances, which, as defined in international law, constitute a crime against humanity.
“Enforced Disappearance” is defined as the arrest, detention, abduction, or any other form of deprivation of liberty by agents of the State or by persons or groups acting with the authorization, support, or acquiescence of the State.
This is followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which places such a person outside the protection of the law.
Mutseyami, who is the MP for Dangamvura, made the call in the National Assembly while raising a point of national interest on Thursday. Said Mutseyami (<a href="https://www.newsday.co.zw/local-news/article/200025711/govt-taken-to-task-over-abductions">via NewsDay</a>):
<blockquote>
My point of national importance is that we have an International Day of the Victims of Enforced Disappearances on the 30th of August, 2024. Zimbabwe has neither signed nor acceded to the convention.
This convention applies to the victims who would have died as a result of the disaster, like Cyclone Idai, it applies as well to enforced disappearances like we have situations we had, of people like Itai Dzamara, Patrick Nabenyama, and many others who passed on then.
My appeal, through your office, is to find means as to how we can come up with the motivation for our government to accede to this convention since I believe it is an important convention which applies to us as a country.
</blockquote>
Speaker of the National Assembly Jacob Mudenda ruled:
<blockquote>
We will engage the relevant minister and find out the modalities on how to handle your request.
</blockquote>
Nabanyama, who was a polling agent for the current Mayor of Bulawayo David Coltart in the June 2000 parliamentary elections, was reportedly kidnapped by suspected State security agents and war veterans from his home in Bulawayo.
He was never seen again and was in August 2010 declared dead by the courts.
Dzamara was a journalist-cum political activist who was snatched from a barbershop in Harare’s Glen View suburb by suspected State security agents on March 9, 2015.
The day before his enforced disappearance, Dzamara had addressed a rally in Harare where he called for mass action to address the deteriorating economic conditions.
In 2015, High Court judge Justice David Mangota ordered the government “to do all things necessary to determine Itai Dzamara’s whereabouts.”
However, the government has failed to give regular updates on Dzamara’s fate.
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CCC MP Urges Government To Ratify UN Convention Against Enforced Disappearances

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