By Own Correspondent| Zimbabwe Republic Police officers and or as ZANU PF politicians can be prosecuted in the UK for torture, it has emerged.

Legal experts reveal for instance, the classic case of the prince of Bahrain, Prince Nasser bin Hamad Al Khalifa, who was recently stripped of his diplomatic immunity while in UK and held liable over a case of torture that was allegedly committed in that country.

Torture carried out by a public official anywhere in the world is an offence in Britain under the provisions of the 1988 Criminal Justice Act, making it possible to try allegations of maltreatment committed abroad in the English courts, the British Telegraph reports on the legal review. 

The act defines physical torture, while also classifying psychological torture the latter another crime (on its own). A reading from the act states verbatim that: It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or an omission. It shall be a defence for a person charged with an offence under this section in respect of any conduct of his to prove that he had lawful authority, justification or excuse for that conduct.

The case was brought by a UK-based former detainee, only identified as FF, who was arrested during Bahrain’s bloody democracy protests in 2011 and alleged that Prince Nasser directly participated in torture of two political prisoners in April that year.

Tom Hickman, representing FF, told the court: “As far as the claimant is concerned, the DPP’s position represents a long overdue recognition that Prince Nasser does not benefit from immunity for acts of torture in proceedings in the United Kingdom.”

He added: “We say that the decision clears the way for an investigation of the prince and consent for an arrest warrant to be sought. There is evidence that will be submitted to the police in due course.”

FF, who claims he was beaten and detained without charge, said: “Now the prince has lost his immunity, he will need to consider the risk of investigation, arrest and prosecution when he is travelling outside Bahrain.”

Below is an extract from the Act: 

A public official or person acting in an official capacity, whatever his nationality, commits the offence of torture if in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official duties.

(2)A person not falling within subsection (1) above commits the offence of torture, whatever his nationality, if—

(a)in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another at the instigation or with the consent or acquiescence—

(i) of a public official; or

(ii) of a person acting in an official capacity; and

(b)the official or other person is performing or purporting to perform his official duties when he instigates the commission of the offence or consents to or acquiesces in it.

(3)It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or an omission.

(4)It shall be a defence for a person charged with an offence under this section in respect of any conduct of his to prove that he had lawful authority, justification or excuse for that conduct.

(5)For the purposes of this section “lawful authority, justification or excuse” means—

(a)in relation to pain or suffering inflicted in the United Kingdom, lawful authority, justification or excuse under the law of the part of the United Kingdom where it was inflicted;

(b)in relation to pain or suffering inflicted outside the United Kingdom—

(i)if it was inflicted by a United Kingdom official acting under the law of the United Kingdom or by a person acting in an official capacity under that law, lawful authority, justification or excuse under that law;

(ii)if it was inflicted by a United Kingdom official acting under the law of any part of the United Kingdom or by a person acting in an official capacity under such law, lawful authority, justification or excuse under the law of the part of the United Kingdom under whose law he was acting; and

(iii)in any other case, lawful authority, justification or excuse under the law of the place where it was inflicted.

(6)A person who commits the offence of torture shall be liable on conviction on indictment to imprisonment for life.