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By: Chris Madondo – Political Correspondent

Zimbabwe has a long history of torture dating back to colonial times. However, what is worrying is that a number of senior government officials
who were victims of torture during the liberation struggle are now presiding over a government which stands accused – and has dismally failed to make a plausible denial – of using torture as an instrument of state policy.

The victims of state-sanctioned torture since 1980 are many. Most of
them were arrested, detained and tortured on all sorts of apparently
baseless allegations. The damage inflicted on them physically and psychologically would  however have been severe and at times life-threatening.

Despite its illegality and immorality, torture still remains prevalent
up to this day in Zimbabwe. Lawyers have complained of severe abuses of
suspects and highly coercive methods of interrogation in detention.

Zanu-PF has never hesitated to sanction torture and this has gone
on for far too long. Even heroes of Zimbabwe’s liberation struggle such as
Joshua Nkomo, Dumiso Dabengwa, Lookout Masuku, Welshman Mabena, Edward Ndlovu, Kembo Mohadi and many others were subject to physical and psychological torture during the 1980s on allegations similar to those faced by Jestina Mukoko and others.

Masuku died as a result of brutality in detention on allegations which
were dismissed by the courts. Most of government’s cases which often lead to torture of suspects or prisoners usually collapse before the courts due to lack of evidence, but the agents of repression and torture who have
inflicted systematic pain on innocent victims are not held to account. This
has allowed torture to persist as an instrument of state policy.

Tsvangirai was undoubtedly subjected to psychological torture as a
result of numerous treason charges which he faced although the state failed to substantiate them. He was also heavily assaulted in police custody in 2007 in a move which horrified Zimbabweans and the world.

There have also been scores of civil society activists who have been victims of torture. Individual citizens have also been abducted, detained and tortured on all sorts of often unfounded allegations.

Although there has been an inclusive government since February, and now we are in October 2009, nothing seems to have changed seven months down the line. Political repression and evil methods of interrogating suspects, including torture, remain. This is disturbing, especially at a time when the country is expected to introduce political reforms which should consign such barbaric practices to the dustbin of history.

In terms of the 1984 United Nations Convention Against Torture, the
word “torture” means any act by which severe pain or suffering, whether
physical or psychological, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an
official capacity.

Torture is a crime under the UN Convention Against Torture, adopted by
the General Assembly in 1984, and other relevant international frameworks, and is similarly defined in the national legal codes of many of the UN’s member states.

International humanitarian law prohibits torture and other forms of
ill treatment at all times and demands that detainees be treated according
to the rules and principles of international humanitarian law and other
international standards.

The collapse of the Mukoko case and her subsequent legal action to
demand damages for torture should awaken the country and the international community to the continued existence of this wicked practice in Zimbabwe.