Rule of law, law and the health profession. Zimbabwe 2002.

Introduction: Politically motivated violence around elections in Zimbabwe has been documented before. A fact-finding mission was planned and undertaken two months ahead of the presidential election March 2002.

Methodology: We interviewed and examined persons who alleged exposure to politically motivated torture, ill treatment and other human rights abuses. We assessed the validity of individual statements of torture and ill treatment and assessed existing similarities between histories of individual interviewees, e.g., as to timing of the assault and use of torture instruments to further appraise the validity. We analysed the results of our findings in relation to a newly introduced law restricting civil rights, and to the experiences of disrespect for the rule of law in Zimbabwe.

Results: Four men gave accounts of being beaten systematically with barbed wire and electrical cable all over their bodies. The clinical findings were in complete agreement herewith and their histories were mutually consistent. In ten additional interviews, we collected evidence of killing, ill treatment and harassment including robbing of ID cards from torture victims. Apart from losing their vote in the forthcoming election, according to the new law, victims with stolen ID cards will be liable to up to six months imprisonment. According to precedents, perpetrators of election violence and torture can expect impunity. The rule of law and the new law undermines democratic rights and free and fair elections and facilitates election violence including torture. We received statements about interference by the police in the delivery of health care services in hospitals and the new law could impede health professionals in documenting and reporting crimes including torture.

Conclusion: The rule of law, the law points to the deepest disrespect for democratic and human rights in Zimbabwe. Our findings fit into this pattern. Any election under these conditions cannot be free and fair. Health professionals are hindered in exercising their duties both in terms of offering services and in terms of documentation and surveillance of human rights abuses. The international community should monitor the situation in Zimbabwe and strengthen the sanctions if torture systematically is used against opponents of the government or if the food aid is provided selectively to supporters of the government.