Freedom from torture and inhuman or degrading treatment

17 | Freedom from torture or inhuman or degrading treatment

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)

No one may be subjected to torture or to cruel, inhuman or degrading punishment or other treatment.

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15 | Protection from inhuman treatment

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
  2. No treatment reasonably justifiable in the circumstances of the case to prevent the escape from custody of a person who has been lawfully detained shall be held to be in contravention of subsection (1) on the ground that it is degrading.
  3. No moderate corporal punishment inflicted—
    1. in appropriate circumstances upon a person under the age of eighteen years by his parent or guardian or by someone in loco parentis or in whom are vested any of the powers of his parent or guardian; or
    2. in execution of the judgment or order of a court, upon a male person under the age of eighteen years as a penalty for breach of any law; shall be held to be in contravention of subsection (1) on the ground that it is inhuman or degrading. [Subsection as inserted by section 5 of Act 30 of 1990 - Amendment No. 11]
  4. The execution of a person who has been sentenced to death by a competent court in respect of a criminal offence of which he has been convicted shall not be held to be in contravention of subsection (1) solely on the ground that the execution is carried out in the manner prescribed in section 315(2) of the Criminal Procedure and Evidence Act [Chapter 59] as that section existed on the 1st October, 1990. [Subsection as inserted by section 5 of Act 30 of 1990 - Amendment No. 11. As at the 1st October, 1990, section 315(2) of the Criminal Procedure and Evidence Act [Chapter 59 of 1974] provided that “where sentence of death is carried out, the person sentenced shall be hanged by the neck until he is dead”.]
  5. Delay in the execution of a sentence of death, imposed upon a person in respect of a criminal offence of which he has been convicted, shall not be held to be a contravention of subsection (1). [Subsection as inserted by section 2 of Act 9 of 1993 - Amendment No. 13]
  6. A person upon whom any sentence has been imposed by a competent court, whether before, on or after the date of commencement of the Constitution of Zimbabwe Amendment (No. 13) Act, 1993, in respect of a criminal offence of which he has been convicted, shall not be entitled to a stay, alteration or remission of sentence on the ground that, since the sentence was imposed, there has been a contravention of subsection (1). [Subsection as inserted by section 2 of Act 9 of 1993 - Amendment No. 13]
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41 | Freedom from torture and inhuman or degrading treatment

Kariba Draft Constitution
  1. No one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  2. For the sake of clarity, it is declared that cruel, inhuman or degrading treatment includes gender-based violence.
  3. The following treatments or punishments are not to be regarded as cruel, inhuman or degrading for the purposes of this section–
    1. reasonable measures taken to prevent the escape of persons who are legally detained; or
    2. the carrying out of the death penalty, no matter what the delay in carrying it out, where–
      1. the persons executed have been sentenced to death by a competent court on conviction for murder; and
      2. the penalty is carried out in the manner prescribed by law immediately before the appointed day.
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17 | Freedom from torture or inhuman or degrading treatment

National Constitutional Assembly (NCA) Draft Constitution (2001)

No person may be subjected to torture or to cruel, inhuman or degrading punishment or other treatment.

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