Political Activist Godfrey Karembera Allegedly Assaulted by State Security Agents
Political activist Godfrey Karembera, known as Madzibaba VeShanduko, has been hospitalized following an alleged assault by state security agents. Two weeks ago, he appeared before the Harare Magistrates Court, where he disclosed that he was suffering from severe injuries, including a suspected broken rib, after being brutally assaulted and left at Harare Central Police Station during what his lawyers described as an abduction and torture by suspected state agents.
This incident is not isolated. Over the years, police and state agents have repeatedly been accused of beating suspects during arrest or while in custody, either to extract information or punish them before court appearances. One notable case involves human rights activist Jestina Mukoko, who was forcibly abducted from her home on December 5, 2008. She was held incommunicado, tortured, and kept in inhuman conditions.
Mukoko is not the only victim of such treatment. These methods have often been used against political activists and alleged armed robbers with alarming consistency, suggesting a pattern of abuse that seems almost institutionalized. Such acts are a clear violation of the constitution, particularly the Declaration of Rights outlined in Chapter 4.
Section 45(1) of the constitution states: “This Chapter binds the state and all executive, legislative, and judicial institutions and agencies of government at every level.” This emphasizes the importance of upholding these rights across all branches of government. Section 50(1)(c) further ensures that arrested and detained persons must be treated humanely and with respect for their dignity.
In the case ofJestina Mukoko v. The Attorney-General, the Supreme Court ruled that the beating of accused persons strips them of their dignity and violates even the less progressive Lancaster House Constitution. The court emphasized that no circumstance—regardless of the seriousness of the crime—can justify torture or inhuman treatment. It also noted that the prohibition of torture is a widely accepted value in society, and law enforcement should never resort to such methods.
During my time at Harare Remand Prison, I learned that the Law and Order Homicide Division, which deals with armed robbery cases, had developed a reputation for shooting suspects already in custody and reporting it as legitimate force. Many of these individuals, including South Africans Ndiafhi Makhado and Emmanuel Makamo, walk with crutches after being shot in the leg, often from behind.
The accused persons allege that during their arrest, they did not attempt to flee, and there was no shootout. Instead, they claim their colleagues were executed by the police during interrogation to coerce them into providing information. The police have justified this using the Criminal Procedure and Evidence Act (CP&E), which allows the use of reasonable and necessary force to overcome resistance or prevent escape.
However, extracting evidence through torture has become an accepted norm in some sections of the Law and Order division, which remains unconstitutional. The case of Mukoko illustrates this clearly. Through her lawyer Beatrice Mtetwa, she applied for a permanent stay of prosecution, arguing that the evidence used against her was obtained through torture. The court agreed, emphasizing that evidence obtained through torture cannot be admitted in legal proceedings.
Section 70(3) of the 2013 constitution explicitly excludes evidence obtained in violation of constitutional rights if its admission would render the trial unfair. Despite these provisions, we continue to witness uncontrolled assaults on accused persons, especially political activists. Names like Job Sikhala, Joana Mamombe, Jameson Timba, and Tatenda Mombeyarara appear frequently in such cases.
This systematic abuse of power by state agents represents a grave violation of both constitutional and international human rights standards. The accounts of individuals like Karembera and Mukoko highlight a culture of impunity that must be addressed. The constitution guarantees the dignity and rights of all individuals, including those accused of crimes.
It is imperative that the government, law enforcement agencies, and the judiciary uphold these rights, ensuring that no one is subjected to torture or inhumane treatment under any circumstances. The courts must act decisively to hold perpetrators accountable and restore faith in the justice system. Only through rigorous enforcement of the law and a commitment to human rights can we hope to eliminate these abhorrent practices and promote a society where justice and dignity are upheld for all.