This is what a senior Zimbabwean police officer is reported to have told a South African newspaper in an interview, thus confirming the use of torture by the Zimbabwe Republic Police, (ZRP) and it is still the case that the ZRP resort to this horrible practice, as evidenced in the allegations of the use of falanga in the torture of Jestina Mukoko and the other 41 abductions.

Although torture has been seen in all three previous decades of Zimbabwe, it has become so commonplace since 2000 that it is only when particularly repugnant episodes occur that there is publicly expressed revulsion of it. Since its formation in 1998, the Zimbabwe Human Rights NGO Forum [Human Rights Forum] has issued a large number of reports about torture, urging an end to this vile practice. Despite this torture still continues to be practised on a widespread basis in Zimbabwe.

Falanga is unequivocally a form of torture and constitutes a serious criminal assault under Zimbabwean law. This form of torture has become particularly prevalent in the past five years. Although falanga has been reported in previous decades, it now appears to be very widespread indeed, and almost routine, both inside and outside of places of detention. It is used by the police as well as non-state actors that are supporters of the government.

The police have a constitutional and professional duty to protect people against unlawful assaults and yet members of the police force are frequently perpetrating acts of torture as is documented in this report and has also been documented in previous reports of the Human Rights Forum. The evidence establishes that the practice of torture, including falanga, is not carried out by a few aberrant law enforcement officers but instead is widespread and systematic. It is evident that it is not only the ZRP that are guilty of falanga, but that it has become a widespread practice carried out by proxy forces of the Zimbabwe government, and mostly by supporters and members of ZANU PF.

What is torture?

Torture is one of the worst forms of inhumane treatment, involving as it does the deliberate infliction of severe pain, mental suffering and degradation upon a person who is in a helpless condition. It is usually carried out in a way that is grossly humiliating to the victim. It generally stops short of causing death, but sometimes victims are tortured to death. It causes physical injury (sometimes permanent disabling injury) and usually also leads to drastic longterm psychological harm.

Torture is a vile practice which any civilized society will do everything possible to prevent and eradicate. As the Supreme Court observed, in the case of the Catholic Commission for Justice and Peace in Zimbabwe v Attorney-General1, “the right not to be subjected to torture stands as a sentinel over human misery, degradation and oppression.”

No civilized nation will permit its law enforcement agencies or its military forces to make use of torture or seek to justify, excuse or condone the use of such practices by these personnel. No civilized government will encourage or allow irregular forces or militias to inflict torture upon its opponents. No civilized nation will grant an amnesty or pardon to persons who have used torture. Instead, a civilized nation will ensure that all persons who are alleged to have engaged in this despicable practice are prosecuted and, if found guilty, are punished in a manner that takes account of the gravity of this crime. Victims should also be entitled to claim civil compensation for the harm they have suffered.

In international law, torture can constitute a crime against humanity. Under Article 7 of the Rome Statute of the International Criminal Court, torture will constitute a crime against humanity, if it is “committed as part of a widespread and systematic attack directed against any civilian population, with knowledge of the attack”, and the attack was “pursuant to or in furtherance of a State or organisational policy to commit such attack.” The Rome Statute thus requires that the crime against humanity constituted by official use of torture be part of a widespread and systematic attack against civilians in pursuit of state policy. On the other hand, under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), a single act of official torture is enough to fall foul of the Torture Convention.

HRF

“We can not go back to college this semester when we are not able to pay the fees for the last semester. We could not manage to get our results because they were suppressed after we had not managed to pay full tuition fees,” said one of the students who spoke to RadioVOP.
The university is demanding at least US$ 300 from students for the second semester.
The University Vice Chancellor Professor Obert Maravanyika said: “This is a national problem. Students are having difficulties in raising their fees all over the country. We are not an exception but we just encourage all our students to come and register so that they would be able to attend lectures. I can not conclude that students have already failed, I know they are coming.”
“We can not teach because there are almost five percent of the students here. If they do not reduce the fees, then there will be no learning in the near future,” said one of the lecturers.

Writing in the in the Times newspaper on Friday, British foreign minister Mark Malloch-Brown said London was however prepared to support Zimbabwe’s inclusive government.

“We are clear that we must support the new inclusive government, whatever our strong doubts about Mr Mugabe,” Malloch-Brown said, adding the Britain “will not lift the bulk of these measures (sanctions) until we are convinced that Zimbabwe’s transition to democracy has reached a point of no return”.

Mark Malloch-Brown’s comments came as Zimbabwean Prime Minister Morgan Tsvangirai was preparing to hold talks with top UK officials next week as part of a three-week campaign to drum up financial support for his power-sharing government with Mugabe.

Western countries led by Britain and the United States slapped the veteran Zimbabwean leader Mugabe and his Zanu (PF) party inner circle with travel bans in 2002 protesting against the alleged abuse of human rights and political repression by Harare, throwing the country into years of chaos, characterised by rampant inflation and poverty.

But Tsvangirai and his former political rival formed a power-sharing government in February tasked with steering Zimbabwe back to stability after disputed elections last year plunged the country into crisis.

Tsvangirai who has already during his trip met world leaders like US President Barack Obama and German Chancellor Angela Merkel will hold talks with British Prime Minister Gordon Brown on Monday and also meet with business leaders.

Malloch-Brown said it was time to “show a little faith” in efforts to build a new Zimbabwe.

“The reformers who have faced torture and death in pursuit of democracy have chosen to make this government work. We must find ways to support them,” wrote Malloch-Brown, warning Harare to stick to the letter and spirit of the Southern African Development Community brokered unity pact.

Mbizo legislator, Settlement Chikwinya on Tuesday tabled a motion calling on the Executive to bring before Parliament, a repeal or amendment of laws that continue to impede on media freedom.

“While celebrating the consummation of the Global Political Agreement, in particular its expressed commitment to reforming the media environment in Zimbabwe as stated in Article 19 of the same,” the motion reads, “We are concerned by the slow progress made towards achieving media plurality and diversity.”

In his motion, Chikwinya, an MDC MP, further bemoans the continued abuse of the State media by President Robert Mugabe’s Zanu PF and the biased reportage that continues to be displayed by the former.

Chikwinya added, “We are alarmed by the Minister of Media, Information and Publicity’s brazen and unbridled contempt of a High Court ruling that declared the Media and Information Commission illegal and concerned by the slow pace of constituting the Zimbabwe Media Commission.”

The motion also calls on Parliament’s Standing Rules and Orders Committee and the Minister of Media, Information and Publicity to constitute the Broadcasting Authority of Zimbabwe (BAZ), which also should start granting licenses to other players by August 6, 2009.

In a separate interview with RadioVOP, Chikwinya said he had designated August 6 as it was the last day of the inclusive government’s second 100-day programme.

Chikwinya said, “This motion will ensure that we as parliamentarians reassert our oversight role on the Executive among the three arms of the State. We are saying government should be able to meet its own targets.”

The GPA binds the inclusive government to ensure the “immediate” processing of all applications for re-registration and registration by various media players in terms of the Broadcasting Services Act and the Access to Information and Protection of Privacy Act.

It further calls on balanced and fair coverage by the public media.

But four months into the new dispensation, government has not yet delivered on its pledges.

Government has come under siege from apprehensive media stakeholders who feel it was not intent on executing much needed media reforms.

Four freelance journalists early this month took the Information Ministry to court to pressure it to disband the Tafataona Mahoso-led MIC which continues to preside over media affairs in spite of its status as a legally defunct body.

Government has called for applications to various commissions, including the Zimbabwe Media Commission. Journalists in Harare meet Wednesday evening to discuss the way forward about the government’s invitation for those interested in sitting on the media commission.

The Mahoso banned newspapers and journalists viewed too negative to Zanu PF.

A group of Harare based journalists last month staged a street demonstration while demanding the introduction of media reforms in Zimbabwe

A new unity government formed by President Robert Mugabe and rival Prime Minister Morgan Tsvangirai seeks to raise industrial output, now below 20 percent due to shortages of foreign currency and electricity, to boost the economy after years of hyperinflation and contraction.

The country’s factories and mines have been hit hard by power shortages.

Zimbabwe imports about 35 percent of its power requirements from Mozambique, Zambia and the Democratic Republic of Congo (DRC), but has regularly failed to pay for supplies.

The head of state power utility ZESA told the official Sunday Mail newspaper that Zimbabwe could soon be cut off if it fails to pay for power imports.

“The threat is very real that the suppliers have run out of patience,” ZESA chief executive Ben Rafemoyo is quoted as saying.

“If we do not pay, the consequences would be so dire. The danger is that the power that we are importing is being sought by other utilities and if we are cut off, wrestling it back would be a big problem.”

The Mail said ZESA owed Mozambique’s Hydroelectrica Cahora Bassa $40.3 million, the DRC’s SNEL $9.8 million, Zambia’s ZESCO $1.7 million, while power distribution company EDM of Mozambique was also owed $5.1 million.

The announcement of Eskom’s decision, which is being made to the
nation several weeks after it was communicated to the government, comes at a
time when Zimbabwe is already reeling under the impact of a severe energy
crisis.

Regional power suppliers have already reduced electricity to the
Zimbabwe Electricity Supply Authority (Zesa) over huge debt arrears, forcing
the parastatal to begin load-shedding.

Household consumers as well as industry and commerce have been hit
hard by the power rationing. Some manufacturers are reported to have cut
output by at least 50 percent in the past month.

As if that was not bad enough, a worsening fuel crisis is haunting
motorists, business and workers, crippling the public transport system as
well as production at a large number of companies.

Although several businesses have resorted to the black market for fuel
to maintain their operations, this is at best a short-term solution given
the exorbitant prices being charged for diesel and petrol by the illegal
traders.

It won’t be long before more firms are forced to reduce output and
retrench staff to protect themselves against an increasingly harsh operating
environment.

Ultimately, many will have to close if the fuel and electricity crises
are not resolved, leading to further job cuts in a country where
unemployment is already above 70 percent.

Whether the government has some strategy for dealing with these very
serious and pressing problems is uncertain.

The unfortunate tendency to keep matters close to its chest, even
matters that have serious national implications, means that Zimbabweans
cannot even be sure whether the government is attempting to find solutions
to the country’s energy crisis.

But it must have become crystal clear even to the government that a
comprehensive and sustainable solution is urgently needed if most of
industry is not to grind to a halt in the next few months.

That Zimbabwe’s leaders are faced with an almost insurmountable task
is not in doubt.

There is no getting away from the fact that Zimbabwe simply does not
have the foreign currency to import either fuel or electricity.

Zesa, for example, has tried to resolve the hard cash problem by
urging exporters to settle their electricity tariffs in foreign currency so
it can pay for more imports and settle its debt arrears.

But not only is this a short-term solution, most exporters cannot
comply with such a requirement because Zimbabwe’s capacity to generate
foreign currency has been hit by government policies that have destabilised
key hard cash earning sectors.

It is clearly unreasonable to expect these sectors to pay for
electricity in foreign currency when they are struggling to conserve
resources as they fight for their very survival.

In addition, Zimbabwe has become a bad debtor because of the hard cash
squeeze, which means the government has very few places left where it can
search for fuel and electricity.

Neighbours in the region and traditional allies of the ruling Zanu PF
are rightly wary of sticking their necks out any further on behalf of a
government that has shown little, if any, commitment to solving its problems
so that it can stand on its own feet.

But while Zimbabweans fully appreciate the difficult task facing the
government, they are not in the mood for excuses.

All Zimbabweans want at this point is for the government to get its
act together and ensure that the country continues to function.

That is not too much to ask.

Gabriel Chaibva, the MDC shadow minister of Local Government, Public
Works and National Housing, told journalists at a Press briefing that he had
instructed the mayor to report for duty as usual on Monday morning. Mudzuri
has been on sick leave since Thursday.

Chaibva said: “Let them bring the riot police to Town House. We will
bring business in Harare to a complete halt. We are not making a mere
threat. This is for real.”

Chaibva said the party was not worried about the economic
repercussions of disruption of business in the country as it had the
capacity to resuscitate the economy in a “post-Mugabe era”.

On Thursday night the council held a special meeting and resolved to
advise the police that the ban they imposed on consultative meetings with
residents at Town House “is unreasonable as it is the council’s duty to
consult with residents, ratepayers and stakeholders on civic matters”. The
police on Wednesday banned further meetings after residents at the weekly
meeting advocated demonstrations in support of Mudzuri.

Chaibva alleged that Local Government Minister Ignatius Chombo was
trying to protect the financial interests of several companies and officials
the council is investigating for alleged theft and corruption.

He said: “The cow has been stopped from giving milk.”
Chaibva said Chombo was sitting on a report on theft and corruption
that was unravelled in the Chegutu Municipality by his own officials and was
instead concentrating on Harare.

Meanwhile, Chombo yesterday filed an urgent chamber application in the
High Court seeking to bar Mudzuri from performing his duties, and the
council from working with him.

Chombo said the matter is urgent because Mudzuri’s “behaviour greatly
embarrasses myself, the government and all the law-abiding citizens of
Zimbabwe”.

Soldiers manning queues at Batanai Supermarket in Harare yesterday assaulted Daily News photographer, Philimon Bulawayo after he took pictures of the long winding queues that have become prevalent at most shops selling basic commodities. Bulawayo, 29, said he was approached by two soldiers while he was standing opposite Batanai Supermarket and they started assaulting him saying he was likely to take pictures. He said after the assault the soldiers handed him over to the police who took away his camera. The police then handcuffed him and took him to the Harare Central Police Station. At the police station he was made to sit on the floor and was further assaulted. Bulawayo said: “I was taken to another officer who took down my personal details and warned me not to visit any place where there would be long queues of people looking for basic commodities.”

Gugulethu Moyo, the Associated Newspapers of Zimbabwe legal adviser said the arrests of journalists from The Daily News is disturbing because it seems to have become a systematic, unlawful use of force and powers of arrest. Moyo said: “Over the last few months we have seen an escalation of detentions and police violence against our staff. The Zimbabwe Republic Police now as a matter of habit, detain our reporters, while on duty, on the pretext that they have committed criminal offences. “During these detentions, undue force is used against the reporters and they are denied other fundamental freedoms and then, quite predictably, they are released without charge,” she said. Moyo said although protections may exist at law against unlawful detention, torture, inhuman and degrading punishment and freedom of expression, these protections become totally meaningless if the State institutions which exist to protect these very rights, become the key violators.

A 53-year-old woman was beheaded in front of two of her daughters, aged 10 and 17, by supporters of Robert Mugabe, Zimbabwe’s President, because of her suspected backing for the opposition.

Brandina Tadyenemhandu, who had eight children, was decapitated by 20 ruling party militants inside her hut in Magunje, South-west Zimbabwe, on Sunday in the most brutal political killing in almost two years of poll-related violence.

She was killed because she was the mother of a Movement for Democratic Change youth activist, Tichaona Tadyenemhandu. He was killed by Zanu-PF militants days before the June 2000 parliamentary election in Zimbabwe. The family discovered his body in a mortuary six months later.

President Robert Mugabe won the election last month but the international community has dismissed his victory as fraudulent.

The MDC spokesman Learnmore Jongwe said yesterday: “As a party, we are now at a complete loss about what Robert Mugabe’s Zanu-PF wants the poor souls of this nation to do.

“He [Mugabe] is enjoying his stolen term yet he continues spilling the blood of defenceless opposition supporters.”

Mrs Tadyenemhandu’s husband, Enos, told the Daily News yesterday: “They killed my only son in a family of eight children and now they have killed my wife. Why are they fighting us after they won the election?”

Mr Tadyenemhandu, 63, said all appeared well as he drove his cattle to a dip tank early in the morning on Sunday. On his way back, he was surprised when his 17-year-old daughter, Chipo, approached him, weeping profusely.

“My first thought was that she had been assaulted by a friend. She struggled to tell me that her mother’s head had been cut off by Zanu-PF supporters,” said Mr Tadyenemhandu.

Chipo said the militants became enraged after her mother asked them why they were still harassing people so long after Mr Mugabe’s election victory. They then proceeded to chop off her head in front of the young children.

“When I saw my wife’s remains, the head and the body were cleanly separated,” said Mr Tadyenemhandu.

Chipo also told her father that the rampaging Zanu-PF militias had indicated, before killing her mother, that they would get rid of all MDC supporters in the area.

The police in the area refused to co-operate, and instead asked Mr Tadyenemhandu and his children to go and look for the suspects on their own and bring them to the police station.

Political violence has continued to ravage Zimbabwe even after President Mugabe’s re-election in the March polls.

Morgan Tsvangirai, the opposition leader, has refused to recognise the outcome of the election and is now challenging it in the courts, while the European Union and the United States have imposed sanctions on Zimbabwe.

Mr Tsvangirai says his party’s supporters have been killed, tortured, raped and brutally assaulted in post-election reprisal attacks in Zimbabwe. Zanu-PF militants responsible for the violence say they want to rid the country of “opposition supporters”.

Peaceful protests to voice anger at Mr Mugabe’s human rights abuses and his open rigging of the presidential election have been suppressed.

Heavily armed policemen in trucks and on foot dispersed crowds of pro-democracy activists holding peaceful protests yesterday to demand a new constitution followed by a fresh presidential election. It was the second time in two weeks the police had brutally suppressed nationwide protests convened by the National Constitutional Assembly, a coalition of churches, professional organisations and trade unions.

Lovemore Madhuku, the coalition chairman, and two other officials were arrested on the eve of the demonstrations.

More than 60 NCA activists were arrested in the first important demonstrations against Mr Mugabe.

Douglas Mwonzora, an NCA spokesman, said yesterday that protests were also taking place in the southern city of Masvingo, but there was no independent confirmation.

Zimbabwe introduced tough new security laws this year banning public protests and gatherings without police approval. Penalties range from fines to a year in prison.

“Violence has to be the last resort, if at all, and if we’re going to achieve peace, prosperity and freedom that we hope for, we’re going to have to do so in a climate that totally minimises violence,” he said. Young said he had seen people in Zimbabwe living peacefully on land that had been taken away from them illegally in the past. He condemned killing and violence of any sort, both of which he said were avoidable. “Killing and violence are unnecessary. We should become more aggressive in pursuit of our goals without violence. As a politician, I know that you can’t buy, bribe or intimidate people away from the polls. People are not dumb; they will not be intimidated or humiliated and with the privacy of the voting booth, they have their own opportunity for judgment and they will exercise that opportunity for judgment according to the appeals made to them and for them by those who they know and trust,” Young said.

On vote-buying, the African-American politician cited elections in Haiti where politicians poured large sums of money and used the vicious Ton Ton Macoutes – an underground intelligence militia created by Haitian dictator Francois “Papa Doc” Duvalier – to beat up people. Papa Doc, in power from 1957 to 1971 when he died, ruled Haiti with an iron fist and maintained the Ton Ton Macoutes as a large and vicious guard. His son, Jean-Claude “Baby Doc”, took over in 1971 and ruled up to 1986 when he was deposed and fled into exile He said: “They were the most vicious people in the Western hemisphere. Yet, when the elections were held, the people who had been beaten into submission voted for a penniless priest, Jean-Betrand Aristide, for whom they had love and respect.”

Young said he had always advised President Mugabe whenever he visited the US that it was important for Zimbabwe to maintain good relations with the international community. He said Zimbabwe’s economy was not stable but had the potential of making a positive turn-around. He urged Zimbabweans to be tolerant and to help build a strong and vibrant nation that would be an example to the rest of Africa. The breakfast meeting was attended by a wide spectrum of the Zimbabwean businesspeople including Enoch Kamushinda, a leading banker and chairman of Zimpapers, Phillip Chiyangwa, the MP for Chinhoyi and a proponent for the indigenisation of the economy, and Nigel Chanakira, chief executive of Kingdom Financial Holdings.