This chapter discusses the process leading up to, during, and after the execution of the three perpetrators of the Dongo killings. Information about the preparations which took place during the few days between the sentencing and the executions comes from a final accounting of the costs of the trial process. Lucero and other court officials made a special point of acknowledging the difficult work accomplished by a number of people over the course of the two weeks between the crime and the execution. Many worked through “sleepless nights” on this “anguishing process.”

In 2005, voters in Zimbabwe performed their civic duty in the seventh election since 1980. The preceding three years were crucial to understanding the 2005 election. Many sources of violence existed in this intervening time, influenced by the referendum vendetta, the continuing land reform process, and the apparent bitterness engendered by the 2000 and 2002 election outcomes. It was crystal clear that Zanu PF’s first weapon of choice in elections was stick rather than carrot. Zanu PF viewed MDC voters as minors and Western stooges and its own supporters as adults of unquestionable loyalty and obedience. State patronage and state-sponsored violence had always taken centre stage before, during and after elections. The violent May 2005 Operation Murambatsvina was a largely state-sponsored campaign (with support from some businesses) to stifle dissent and independent economic and political activity in the country’s urban areas. The main victims of Murambatsvina were younger and unemployed, whom state security agents saw as potential recruits for social unrest. The extent of Zimbabwe’s poor human rights record was exposed by new information technology and increased reporting. As Zimbabwe prepared for the 31 March 2005 parliamentary election, Zanu PF’s campaign was decidedly violent and anti-Western.

On 29 March 2008, Zimbabwe’s ninth poll took place. Zanu PF felt insecure being in power, legitimised by only 47 and 19.5 per cent in the 2005 parliamentary and senate election, respectively. Following changes to the Constitution of Zimbabwe in September 2007, the electorate was asked to vote for a set of four political representatives for: president, parliament, senate and local government council. The 2008 socio-economic contexts showed that the electoral playing field and election processes and outcomes echoed excesses of previous flawed elections. The 29 March and 27 June 2008 elections were critical watershed moments in that while the March elections were the most peaceful (and even enjoyable) since the genesis of Zimbabwe’s mega-crisis in 2000, the June run-off will go down in history as the bloodiest since independence. The pre-poll arena for the harmonised elections had hallmarks of a rigged election, especially the use of state-financed patronage, poor voter education, the decrepit state of the voters’ roll and the violent pronouncements by members of the military-security sector, all of which skewed the playing field in favour of the incumbent regime.

The Unity Accord sealed between Mugabe and Nkomo and their supporters in 1987 not only drastically reduced violence against the Ndebele, but it also ended dissident activity generating a totally different election framework in the 1990 elections. Twenty seats reserved for whites were abolished. In 1989, Edgar Tekere, a former Zanu PF party stalwart disenchanted by Mugabe’s leadership style formed the urban-based Zimbabwe Unity Movement (ZUM). ZUM and independent candidates from within Zanu PF were not evidence of a gradual decline in elite cohesion. Zanu PF’s political stranglehold in the country directed violence at civil society. Pent-up intolerance of political opposition draped in a dictatorship outfit replaced ethnic conflict in driving violence. From the dominant power politics analysis, a social narrative approach shows the resilience of ethnicity, nationalism, loyalty, legitimacy and unity as explanatory factors for violence. However, Zanu PF also used paramilitary organisations to maintain or regain control and the abuse of legislative and judicial powers to stay in power. The 1990 general elections took place from 28 to 30 March, with many unresolved teething problems, including persistent division and weakness in the opposition. Five parties competed in the election; ZUM, the UANC, NDU, Zanu-Ndonga and Zanu PF.

From 2000 to 2008, election overload fatigued voters when the Zimbabwe government balloted citizens in six elections – an average of one election every fourteen months. The July 2013 election was also harmonised, ending the shaky MDC–Zanu PF coalition government. The election was preceded by a generally peaceful adoption of a new constitution on 16 March 2013. The constitution was a milestone achievement but a dead letter, stipulating that all security forces and government institutions, including the state media, must be impartial and that reforms on all freedoms must be implemented. However, as in the past, Zanu PF dragged its feet on the full implementation of critical reforms needed to improve the human rights environment and create conditions for democratic elections. Such pipe dream reforms included: police training; renouncing the use of violence; ensuring that the government fully and impartially enforced domestic laws in bringing all perpetrators of politically motivated violence to justice; freedom from harassment and intimidation; the respect for the rule of law; and full realisation of the rights to freedom of association and assembly, and the promotion of freedom of expression and communication.

This chapter discusses the prohibition of torture and inhuman and degrading treatment and punishment as laid down in the European Convention on Human Rights, other Council of Europe instruments, in EU law and in international instruments. In the final section, a short comparison between the different instruments is made.

This chapter surveys the evidence for extremity prostheses and assistive technology (walking sticks, canes, crutches, corrective footwear) in classical antiquity. It discusses the different ways in which an extremity such as an arm or leg might be lost (surgical intervention, military activity, judicial and extra-judicial punishment, self-mutilation or deliberate mutilation), and how individuals dealt with their resulting impairments and disabilities. Not everyone could utilise a prosthesis due to the nature of their impairment; they might need to, or indeed choose to, use another type of assistive technology, such as a crutch.

The chapter traces the origins of human dignity, showing how it was originally used to denote titles of honor but is now seen as a universal human right or as undergirding universal human rights. In the context of discussing dignity rights, the chapter highlights international human rights treaties and national constitutions making refeerence to the concept of human dignity, which, in modern usage, has to do with the inherent worth of a life. The chapter discusses how human dignity is the foundation for many human rights, including the right to life, the right to be free from torture and other forms of cruelty, and the right to be free of discrimination. The chapter describes existing jus cogens norms prohibiting various acts that violate fundamental human rights, concluding that the death penalty must be abolished because it makes use of credible death threats, inflicts psychological torture, and violates an array of basic human rights. The chapter details how non-lethal corporal punmishments have already been abandoned and how the death penalty has been abolished or curtailed in many countries, with international criminal law tribunals precluding the death penalty's use.

The Introduction gives a snapshot of the current status of capital punishment around the globe. It gives current statistics from Amnesty International and describes Amnesty International's anti-death penalty campaign in the 1970s that led to the Declaration of Stockholm, which expressed "total and unconditional opposition to the death penalty." The Introduction describes the divide between retentionist and abolitionist countries, highlighting countries that have outlawed capital punishment in their constitutions or through judicial rulings. After detailing how the death penalty was traditionally seen as something other than torture, the Introduction discusses the law's evolving nature--and how the death penalty is increasingly seen as a torturous and cruel punishment that violates human dignity and fundamental human rights. Noting that death sentences are no longer treated as a "lawful sanction" in many locales, the Introduction describes how the U.N. General Assembly has voted on multiple occasions for a global moratorium on executions. The Introduction summarizes the current state of international law as regards capital punishment and previews the book's content.

This chapter describes the immutable characteristics of capital punishment, which kills people and uses death threats by state actors. Death threats are ordinarily treated as unlawful acts, with threats of impending death treated as psychological torture where a person is helpless to prevent death. The chapter discusses how mock executions and various corporal punishments are already treated as torturous acts, including by laws and legal commentators. After discussing the duty of government officials to protect people, including inmates, from harm, as well as how jurists in multiple jurisdictions have recognized the death row phenomenon (i.e., the suffering associated with prolonged stays on death row), the chapter describes how countries have refused to extradite individuals without assurances that the death penalty will not be sought. The U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment contains a "lawful sanctions" carve-out to the definition of torture, but case law makes clear that lawful sanctions cannot themselves amount to torture. The chapter argues death sentences inflict severe pain and suffering amounting to torture.

The Conclusion summarizes the book's major themes and arguments, concluding that the death penalty has the immutable characteristics and indicia of torture. The Conclusion asserts that capital punishment violates fundamental human rights, including the right to be free from torture. Non-lethal corporal punishments and mock executions have already been prohibited by law, and the Conclusion asserts that capital punishment should be barred by an existing jus cogens norm--the peremptory norm of international law absolutely prohibiting torture--to stigmatize the practice of capital punishment as a torturous one that has no place in the twenty-first century or in law.

Emerging neurotechnology offers increasingly individualised brain information, enabling researchers to identify mental states and content. When accurate and valid, these brain-reading technologies also provide data that could be useful in criminal legal procedures, such as memory detection with EEG and the prediction of recidivism with fMRI. Yet, unlike in medicine, individuals involved in criminal cases will often be reluctant to undergo brain-reading procedures. This raises the question of whether coercive brain-reading could be permissible in criminal law. Coercive Brain-Reading in Criminal Justice examines this question in view of European human rights: the prohibition of ill treatment, the right to privacy, freedom of thought, freedom of expression, and the privilege against self-incrimination. The book argues that, at present, the established framework of human rights does not exclude coercive brain-reading. It does, however, delimit the permissible use of forensic brain-reading without valid consent. This cautionary, cutting-edge book lays a crucial foundation for understanding the future of criminal legal proceedings in a world of ever-advancing neurotechnology.

The authors outline areas that need special attention. The purpose of the appointment should be explained, and the practicalities of attendance addressed. The attitude/approach of the clinician is discussed in relation to creating a sense of safety and trust. Individuals may fear authority and may have had experiences they find difficult to disclose.

Confidentiality, safety and anxieties about the assessment are reviewed, as people may have little prior knowledge of the system and have had bad past experiences. Acknowledgement and discussion are crucial. More detailed discussion of working with interpreters follows, as this is an often-neglected area. Pros and cons of ‘remote working’ are reviewed.

Some specific aspects of assessment are considered: difficulties in disclosure and how to explore issues such as torture, sexual violence, domestic abuse, moral injury, and rape.

People seeking asylum may be isolated with few resources. Strengths should be emphasised, and sources of support identified, and contact facilitated. Feedback and checking understanding are helpful, and often fosters trust. Scrupulous record keeping is emphasised.

International human rights law applies at all times to protect civilians, even though the status of civilian does not exist in the same way that it does under international humanitarian law (IHL). The law binds primarily States, which become party to human rights treaties; they are also bound by rules of customary human rights law. But the duty to respect fundamental human rights also applies to international organisations, including the United Nations, and arguably also to armed groups and corporate entities, as the chapter describes. The human rights duty to investigate suspicious deaths is also considered.

During the fourth century AD the Christian liturgical year reached its stability, mainly with regard to the Easter cycle. It remained in many ways distinct from the civil one, still tied to pagan characteristics. Nevertheless, especially after the Edict of Thessalonica (380 AD), roman imperial legislation started to use Christian Feasts, which then became reference point for the temporal organization of administrative and procedural activities.

Given this framework, the research aims to reconstruct how Christian feasts are used by Emperors in the administration of justice. Through the examination of a certain number of imperial constitutions (collected in the Theodosian Code and in the Justinian’s one), but also of the literary sources of the time, the article will analyse how the Emperors – also thanks to this new timing of justice – pursued going forward with the Christianization of a still deeply pagan society. Principal sources: C. 3,12,2(3); CTh. 2,8,1; CTh. 2,8,18; C. 3,12,9(11); CTh. 9,35,4; CTh. 9,35,5; CTh. 9.35.7; C. 3,12,8(10).