ZRP investigated for human rights 'abuses'

The Zimbabwe Human Rights Commission is investigating the Zimbabwe Republic Police for at least 20 violations, chief among them unlawful arrests and detentions, and torturing suspects.

At least 22 such cases are being actively pursued, with the possibility of imprisonment for culprits.

Though the full catalogue of abuses is still under wraps, two cases involve farm workers who were allegedly abused in Karoi and Hurungwe.

These have been referred to the ZRP for internal investigations and subsequent review by the Commission.

Zimbabwe's Constitution empowers the ZHRC to investigate individuals and institutions whose actions are ultra vires the law and offend the Bill of Rights.

The Zimbabwe Human Rights Commission Act (Chapter 10:30) prescribes penalties like imprisonment and compenstion.

ZHRC chair Mr Elasto Mugwadi told The Sunday Mail that they had received numerous reports on questionable police conduct since 2014.

Torturing suspects, unlawful arrests and detentions, alleged failure to protect human lives and alleged unlawful discharge of some police officers were among the complaints, he said.

"The ZHRC has the mandate to promote, protect and enforce human rights, including the right to administrative justice which is enshrined in Section 68 of the Constitution.

"The ZRP, as a State administrative body responsible for law enforcement, is subject to Section 219 of the Constitution which requires the police to uphold the constitution and also maintain law and order."

Mr Mugwadi also said: "Since 2014, twenty-two (22) cases have been received against the Zimbabwe Republic Police. Two cases have been recommended for investigation. The cases involve human rights violations and the Commission requested the police to investigate the alleged human rights violations.

"This is in relation to the Spring Farm/Hurungwe West Constituency cases. The rest of the cases are still under investigation by the ZHRC and cannot be subject to further discussion as this may compromise the investigation."

Section 219 of the Constitution mandates the police to protect and secure the lives and property of Zimbabwean citizens and ensure law and order.

It also says law enforcement agents must be patriotic and professional.

In cases of violations, Section 14 of the ZHRC Act (Chapter 10:30) prescribes that: "an action, omission or decision by a respondent being complained against be abolished, cancelled, reversed, varied or altered;

"the responsible person should give reasons in relation to the action or omission complained against; the responsible person should take steps to rectify any action or omission being complained of;

"the responsible person or authority pays compensation to a victim of a human rights violation, or to such victim's family;

"that court proceedings (be they criminal or civil) be instituted against the responsible person or authority."

In his book based on his PhD thesis, "The History of Policing in Zimbabwe: Pre-Colonial; Colonial and Post-Independence", Police Commissioner-General Augustine Chihuri says all recruits are trained in fundamental rights as part of the force's orientation.

A portion reads, "Contrary to vexatious and spurious allegations that the Zimbabwe Republic Police abuses human rights, the organisation took necessary steps to conscientise its members on the need to uphold human rights when undertaking their day-to-day duties.

"… This is in sharp contrast to the abusive manner in which the BSAP policed Rhodesia, so the question of ZRP abusing human rights is as strange and absurd as having a 'devil' being an advocate of human rights."