publications

VI. Police Torture and Cruel, Inhuman, or Degrading Treatment of Civil Society Activists

The Zimbabwean authorities’ use of violence and mistreatment as part of the repression in response to the recent spate of protests and demonstrations has not been limited to excessive use of force during arrests. A number of civil society activists interviewed by Human Rights Watch reported that while in custody they have been subjected to severe beatings and other mistreatment by the police and intelligence officers.39  Acts amounting to torture that Human Rights Watch has documented include severe beatings that involved being punched, kicked and struck with batons,  beatings on the soles of the feet, repeated banging of detainees’ heads against walls, and the shackling of detainees in painful positions. In one case detainees were forced to engage in humiliating games, while in others they were threatened with death or rape. In some cases torture is applied during interrogations, while in others it is used as a form of punishment for the activists’ perceived political leanings or intentions. 

Numerous international instruments to which Zimbabwe is party prohibit the use of torture and other forms of mistreatment.40 The Zimbabwean constitution also guarantees freedom from torture and cruel, inhuman or degrading treatment or punishment.41  The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has defined torture as the intentional infliction of severe mental or physical pain or suffering against an individual by or with the consent or acquiescence of a public official, the purpose of which is to obtain information or a confession, or for punishment, or to intimidate or coerce, or for any reason based on discrimination.42

Accounts from victims, lawyers, and medical experts show that torture and other mistreatment of activists has become widespread in Zimbabwe’s police stations.43  Alec Muchadehama, a human rights lawyer who has represented human rights defenders and political activists around the country, told Human Rights Watch:

Most of our clients are assaulted and ill-treated while in custody. In every group we represent you find complaints of assault. Some of them are quite severe. The police equate human rights and demonstrations with the opposition.  During the assaults the police tell our clients they are punishing them for trying to topple the government.44

Cases of torture and mistreatment

Police torture and mistreatment of student activists

The police appear to have singled out student activists for particularly brutal treatment; due to their history of political activism, students are seen as a threat by the authorities in Zimbabwe. They are often accused of belonging to the political opposition or even of trying to overthrow the government. The police regularly disrupt student meetings, and student leaders in particular face constant harassment and intimidation from the police.45

Since May 2006 university students throughout the country have organized several public demonstrations against unpopular government policies and actions.46 The Zimbabwean authorities have responded to these demonstrations with mass arrests and violence, and arrests and torture of students has taken place outside the context of demonstrations as well. Human Rights Watch interviewed a number of students who had been arrested and tortured in the past few months by police and intelligence officers.47

Promise Mkwanazi told Human Rights Watch that he has been arrested and beaten by police on three separate occasions since he was elected president of the Zimbabwe National Students Union (ZINASU) in May 2006.48  On each occasion the police detained and beat him and then released him without charge.  He spoke to Human Rights Watch of a particularly brutal incident on May 29, 2006:

In May students around the country were protesting at the increase in tuition fees.  Police were everywhere looking for student leaders. I was one of the people they were looking for so I went into hiding. On May 9 the President of University of Zimbabwe students Tinei Mukwewa was arrested by law and order police in Harare Central. He was detained first. I was told they were also looking for me. My colleague Tinei was stripped naked and beaten by the police who kept asking him for my whereabouts. He was then moved to Bindura and also beaten before being released without charge. He was detained for four days. He was so badly beaten that he was hospitalized for a number of days at Parirenyatwa hospital.

On May 29 I finally surrendered myself to police at Bindura police station. I was arrested and detained there for five days.  During interrogation they beat me with baton sticks, clenched fists and kept kicking me.  I was being beaten every night.  Every night they would threaten me and say, “We will kill you tonight.” Each night they would come and they would strip me naked and then handcuff me with my hands between my legs so that I would not be able to move while they beat me. Sometimes they would be three people beating me, then two or at times four.  I was being accused of trying to facilitate regime change and working for the opposition. Those who beat me up were dressed in plainclothes but I suspect they were from the CIO [Central Intelligence Organization] because they said that they were from the president’s office.  They finally released me without charge. I managed to identify three of the people who beat me and got their names and gave them to my lawyers who are proceeding with taking the case before the courts.49

In another incident in May 2006, lawyer Alec Muchadehama was asked to represent and secure the release of almost 200 students who were arrested by police during demonstrations at Bindura University. He spoke to Human Rights Watch about the case of 15 of the students who were reportedly severely beaten and mistreated by police and intelligence officers at Harare central police station, Bindura police station and Chikurubi maximum security prison:

The students were badly assaulted. It was quite systematic. A group of them were taken to Chikurubi maximum security prison and held for between three and seven days. Some were held in solitary confinement for days while being interrogated. Mind you this is a prison for hardened criminals who have been found guilty, not suspects who are being investigated for a crime.  In addition to the beatings, they were told to undress and perform humiliating games while naked such as imitating having sexual intercourse on the ground, all kinds of humiliating games. By the time we got them to court they were in a bad way both psychologically and physically.  They went through a lot and all the charges against them were dropped.50

Medical records obtained from a government hospital for six of the students were shown to Human Rights Watch by lawyers representing the students. They show that the students sustained extensive soft tissue injuries including deep cuts, swellings, and severe bruises all over their bodies consistent with blows made by a blunt object.

Student activist Simbarashe Moyo, who was arrested while attending a ZINASU meeting, told Human Rights Watch:

At the ZINASU congress in May [2006] police pounced and arrested everyone. There were 48 of us. We spent four days in the police cells. We were interrogated. They were asking us, “Who are you working for? What were you doing? What have you been discussing?” As they were doing this they were slapping us around. Each time they asked a question they would slap you or hit you with a fist…. After [two days] we were released without charge.51

Police torture and mistreatment of 15 trade unionists

In the context of the suppression of the September 13, 2006, mass demonstrations involving Zimbabwe Congress of Trade Unions members (see Section IV, above), police took 15 trade unionists whom they had arrested at a Harare demonstration, including ZCTU President Lovemore Matomobo and Secretary General Wellington Chibebe, to Matapi police station.52 According to the activists, soon after they arrived at the station five police officers took them in pairs to a room and proceeded to brutally beat them. In a DVD obtained by Human Rights Watch the trade unionists reported that police beat them with batons and punched and kicked them. Some said that the police had repeatedly banged their heads against the wall. During the beatings police allegedly accused the unionists of “working with the whites,” and attempting to overthrow the government. The beatings, which lasted for between 15 and 20 minutes, were so severe that a number of the unionists lost consciousness.53

Lawyers representing the unionists told Human Rights Watch that they were initially denied access to their clients and that police refused to provide the injured unionists with medical assistance. After almost 24 hours in custody the unionists were eventually taken to Parirenyatwa hospital in Harare after lawyers obtained a court order that police allow access to medical treatment.54  Medical records obtained from Parirenyatwa hospital by Human Rights Watch indicate that the unionists sustained injuries ranging from fractured limbs to extensive bruising, deep cuts to the head, and perforated eardrums. The hospital admitted two of the unionists for treatment for extensive injuries including multiple fractures.

Dr. Reginald Machaba Hove, a medical doctor who initially examined all the unionists, told Human Rights Watch:

I first saw the ZCTU activists on Thursday evening [Sept 14]… I got to Parirenyatwa hospital around 8 p.m. They [the ZCTU activists] pitched up at 9 p.m. They came in two cars, police vehicles. There were many of them [the police], some in riot gear.  There appeared to be one officer for each of the 15 and one or two senior commanders. [ZCTU Secretary General] Chibebe was in a bad way. His arm was obviously fractured. He was holding it against his chest. They [the activists] were in obvious pain. They were shuffling, which to me was an indication that they had been shackled at some point. Chibebe’s shirt was covered in blood. I overheard one of the [medical] casualty officers at the hospital say that “these are prisoners. It is not urgent. We will treat them tomorrow.” I had to speak to him and eventually he agreed to check them. He was quite shocked by what he saw. X-rays were carried out and they revealed that most of them had fractures. I was there at the hospital until 3:30 a.m.

I was really shocked and taken back by what I saw. To me the injuries showed that they were trying to protect themselves. They were trying to protect their heads using their raised arms. They had fractures to their arms, wrists, and fingers. They all had defensive injuries. The blows were coming to their heads. Chibebe had cuts to his head. Most of them had severe bruises. They were black and blue and swollen all over their bodies—on the buttocks, everywhere. Even those without fractures were limping and in pain. There were severe soft tissue injuries in all of them.  Chibebe has a shattered fracture. It is not a clean fracture, which shows that extreme force caused it.

I have never seen anything like this before…. They were denied medical access for more than 24 hours. The beating was so callous and hard.55

On September 15 the authorities charged the activists in court under section 37 of the Criminal Law (Codification and Reform) Act (Chapter 9:23) for participating in a public gathering with the intent to cause public disorder, breach of peace or bigotry.56  Wellington Chibebe was unable to attend court because of his injuries, so charges were brought against him while he was in his hospital bed.57

Gender-based cruel and degrading treatment

The 63 WOZA activists who were arrested and detained for three days in February 2006 (see Section V, above) were held in cells that were overcrowded and filthy. While in detention the women were subjected to humiliating treatment: they were ordered to strip naked, had their underwear taken away, and were denied sanitary pads. Police also allegedly threatened some of the women with rape.  Similarly, the student activist Simbarashe Moyo, whose account of ill-treatment in detention in May is given above, said, “We had five female student leaders with us. They were really upset and crying. A couple of them needed sanitary pads but the police said no. Imagine that? These women were there for two days without pads.”

Impunity

The government has done little to address the issue of torture and mistreatment of detainees in police custody. Human rights lawyers report that incidents of excessive use of force and torture by the police and intelligence officers are rarely investigated.  Recent statements by President Mugabe supporting the actions of the police in the case of the ZCTU activists, and threatening the use of force to quell demonstrations, only serve to highlight the culture of impunity that exists in the country: In addition to the statement quoted at the opening of this report, Mugabe in a speech on August 15, 2006, marking Defence Forces Day, responded to calls for peaceful protests by the opposition by stating, “We want to remind those that might turn on the state that we have armed men and women that carry guns and are allowed to pull the trigger on them.”58

To Human Rights Watch’s knowledge, the government has not investigated, prosecuted, or disciplined any security officials or police officers for their role in the torture and abuse of detainees documented in this report.

However, in the case of the 15 trade unionists, the judge who saw them in court on September 15 ordered an immediate investigation into the allegations of torture and other mistreatment.59 The police initially declared that they would investigate the allegations, but later denied the charges of torture, claiming that the activists had fallen out of a police vehicle and sustained their injuries at the time.60  Medical records viewed by Human Rights Watch and testimony of medical experts, as noted above, as well as the testimony of human rights lawyers who saw the victims soon after the incidents indicate otherwise. The records show that all of the injuries sustained by the victims were made by a blunt object, which corroborates the victims’ claims that they were beaten on the head, arms and back with batons. Moreover, according to medical experts who spoke to Human Rights Watch, the nature of the fractures that some of the detainees sustained is not consistent with falling from a vehicle.

During a second hearing of the case on October 3, Judge William Bhila dismissed police denials of torture and ordered a full independent investigation into the allegations. At the time of writing police were yet to indicate whether they would comply with the order to conduct an independent investigation into the incident.61

In many cases, incidents of torture and mistreatment are not reported to the police, and victims seek medical attention in only the most severe cases. Victims of human rights abuse have few avenues for seeking justice and redress for abuses perpetrated against them.62 According to lawyers interviewed by Human Rights Watch, there are no proper internal police mechanisms for investigating cases of police abuse within the Zimbabwe Republic Police force.63 In addition, Zimbabwe has no independent external body to adequately deal with cases of human rights abuses.64

In March 2006, the government declared that it would establish a Human Rights Commission to deal with violations of human rights in the country.65  However, human rights activists are skeptical about the government’s intentions and have questioned whether such a commission would be able to operate independently and impartially in the current political climate.66

Human rights activists also report that medical practitioners sometimes find it difficult to prove cases of assault and torture. One activist interviewed by Human Rights Watch said:

In the past few years I have been beaten and mistreated by the police many times. The last time, I was coming from a meeting with colleagues about the evictions when I was arrested in Mbare and taken to the police station and beaten by the police who accused me of belonging to the opposition. I was released without charge on the next day. I didn’t go to the hospital or the police. I just went and healed by myself.  For me there was no point in going to the hospital or reporting it to the police who are the abusers. The police usually beat you [on the soles of] your feet, or they slap you or hit you in a certain way that does not show injuries. It is very difficult for doctors to ascertain how the injuries came about. In most cases you just go home and rest until you feel better.67

Lawyer Alec Muchadehama told Human Rights Watch:

Once they [the police] see that they have assaulted [our clients] they invariably deny access because they know it will come to the attention of the lawyers. When they are due to appear in court the police tell them to walk straight and not to shuffle even when they are clearly in pain. This is in an attempt to hide their injuries. Some of the assailants cannot be identified because they involve intelligence officers and members of the army.68




39 Human Rights Watch interviews with civil society activists, Harare, September 25–October 5, 2006.

40 ICCPR, article 7;  ACHPR, article 5; Convention on the Rights of the Child (CRC), adopted November 20, 1989, G.A. Res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force September 2, 1990, ratified by Zimbabwe on October 11, 1990, article 37 (a).

41  Constitution of Zimbabwe, 1979, section 15 (1).

42 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), adopted December 10, 1984, G.A. res. 39/46, annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984), entered into force June 26, 1987.  Zimbabwe is not a party to the Convention against Torture, although many of its provisions are considered reflective of customary international law.

43 During the research mission to Harare for this report (Sepember 25–October 5, 2006) Human Rights Watch heard victim accounts and other credible reports of incidents of severe beatings and mistreatment of civil society activists at Harare, Matapi and Avondale police stations in Harare, Mutare police station in Manicaland province, and Bindura police station in Mashonaland Central province.

44 Human Rights Watch interview with Alec Muchadehama, Harare, October 4, 2006.

45 Human Rights Watch interviews with student activists Promise Mkwanazi and Zwelithini Viki, Harare, September 26, and with representatives of the Student Solidarity Trust, Harare, September  27, 2006.

46 In response to a change in fee structure and a hike in student fees students demonstrated at the University of Bindura, University of Bulawayo, University of Zimbabwe, and the Chinhoyi University of Technology.

47 Human Rights Watch interviews with student activists, Harare, September 27–29, 2006.

48 Human Rights Watch interview with Promise Mkwanazi, September 26, 2006.

49 Ibid.

50 Human Rights Watch interview with Alec Muchadehama, Harare, October 4, 2006.

51 Human Rights Watch interview with Simbarashe Moyo, Harare, September 27, 2006.

52  Ibid.

53 DVD of demonstrations of ZCTU activists and interviews with the beaten activists in hospital, on file with Human Rights Watch.

54 Human Rights Watch interview with Tafadzwa Mugabe, September 22, and with Alec Muchadehama, October 4, 2006.

55 Human Rights Watch interview with Dr. Reginald Machaba Hove, Harare, September 26, 2006.

56 Human Rights Watch interviews with Tafadzwa Mugabe, September 22; with Alec Muchadehama, October 4; and with Raymond Majongwe,  October 2, 2006.

57 Ibid.

58Mugabe: Zimbabwe Army Ready to 'Pull Trigger' On Insurrection,” VOA news, August 15, 2006, http://www.voanews.com/english/Africa/Zimbabwe/2006-08-15-voa74.cfm (accessed August 16, 2006). Mugabe’s remarks were translated from shona in the news report.

59 Human Rights Watch interviews with human rights lawyers representing the trade unionists, Harare, September 22 and October 4, 2006. As noted above, Wellington Chibebe was unable to attend the September 15 court hearing.

60 Police statements shown to Human Rights Watch by lawyer Alec Muchadehama on October 4, 2006, deny the allegations of torture. See also “Police defy magistrates order to investigate claims,” IRINnews, October 6, 2006, http://www.irinnews.org/report.asp?ReportID=55856 (accessed October 6, 2006).

61 Human Rights Watch interview with Alec Muchadehama, Harare, October 4, 2006. See also “Police defy magistrates order to investigate claims,” IRINnews, October 6, 2006, http://www.irinnews.org/report.asp?ReportID=55856 (accessed October 6, 2006).

62 According to Zimbabwe’s constitution, section 76 (4a), complaints about torture can be lodged with the police or the Attorney General may order and investigation into allegations of torture or other abuse. In general, the police are responsible for carrying out investigations into all crimes. There is no special procedure relating to a person in custody who raises a complaint about torture. Under section 113 (5) of the Criminal Procedure and Evidence Act, if a person appears in court and informs the magistrate that he or she has been tortured or abused while in custody, then the magistrate can order an investigation into the allegations. For more on this see to Redress (London), “Torture in Zimbabwe, Past and Present: Prevention, Punishment, Reparation? A Survey of Law and Practice,” June 2005, http://www.redress.org/country_zimbabwe.html  (accessed October 25, 2006), p. 24.

63 Human Rights Watch interviews with human rights lawyers, Harare, September 22 – October 4, 2006.

64 The Ombudsman’s office is the only body in Zimbabwe that is mandated to investigate the actions of government officials including abusive actions taken by state officials against members of the public, but the Ombudsman Act, 1982 precludes the Ombudsman from investigating the actions of the police, army, and prison services.  See Redress, “Torture in Zimbabwe, Past and Present,” pp. 10−17; Redress, ”Zimbabwe: From Impunity to Accountability: Are Reparations Possible for Victims of Gross and Systematic Human Rights Violations?” March 2004, http://www.redress.org/country_zimbabwe.html (accessed October 25, 2006), p. 29.

65 Violent Gonda, “Zimbabwe to set up own human rights commission,” SW Radio Zimbabwe news, March 27, 2006.

66 Tino Zakhata, “Storm over human rights commission,” IWPR, June 23, 2006.

67 Human Rights Watch interview with human rights activist (name withheld), Harare, September 28, 2006.  The evictions the interviewee refers to are described in Human Rights Watch, Evicted and Forsaken: Internally displaced persons in the aftermath of Operation Murambatsvina, vol. 17, no. 16(A), December 2005, http://hrw.org/reports/2005/zim1205/index.htm.

68 Human Rights Watch interview with Alec Muchadehama, Harare, October 4, 2006.