effected. The State also reminded the Commission of the fact that the Complainants had submitted at the 33rd Ordinary Session that in most cases the alleged victims of the alleged violence did not know who the perpetrators of the violence were and therefore could not assist the Police in identifying the perpetrators of the violence and in a large number of cases, the alleged victims did not even report the alleged violations. 122. The State also drew the attention of the Commission to the fact that some of the names of those alleged to have been assaulted did not appear in the records of the Registrar General and therefore their existence was questionable; that some of the deaths had been found not to have occurred at all; that in some cases members of either ZANU (PF) or MDC were driven from other areas to perpetrate acts of violence in different areas. (Alouis Musarurwa Mudzingwa v Oswald Chitongo HH 73-2002); that some of the individuals alleged to have died in politically motivated violence, died of natural causes or other mishaps and not as a result of the alleged assaults and some well before the period in issue. The State noted that all the above came about as a result of investigations conducted by the Police following reports in the Press; that in the bulk of the cases the perpetrators had been identified, arrested, tried, convicted or acquitted and in some cases matters were still pending before the courts; that in other instances the police had carried out their investigations but had failed to identify the culprits; and that in other instances the Attorney General declined to prosecute due to lack of evidence. 123. The State submitted that given the concession by the Complainant and the fact that there had been prosecutions of some of the culprits, the Police had discharged their duties diligently in the circumstances, noting that the fact that the investigations did not always produced results satisfactory to the Complainant did not amount to a breach of their duty. The State concluded that the fact that the situation in the country had stabilised was indicative of the Police's role in preventing further violations and containing the situation. 124. In the case of Chiminya and Mabika, the State submitted that the Attorney General had appraised the investigations conducted by the Police and had since issued instructions to the Police for the arrest and prosecution of Mwale and others for the murder of Chiminya and Mabika. According to the State, general indications were that the investigations were done in a professional and independent manner and had been effective. 125. The State concluded on this allegation by noting that in any event, the question of an independent investigator does not arise as the alleged executions could not in the strict sense be termed extra-judicial or summary executions. 126. Regarding allegations of torture, Inhuman and Degrading Treatment, the State noted that as in the case of extra-judicial or summary execution, torture, inhuman or degrading treatment must be inflicted: "..... by or at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity." (See Article 1 × 1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. 2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application. of the Conventions Against Torture and other Cruel, Inhuman and Degrading Treatment, 1984.) 127. To this end the State noted that ZANU (PF) and war veterans are not synonymous with the Government of Zimbabwe and are not State institutions. Torture or ill treatment of a citizen by another citizen who is not in government service and/or whose behaviour is not sanctioned by government does not fall within the definition of the Convention. The Respondent State argued that the Police investigated those cases that were reported and since in most of the cases the alleged victims could not identify the perpetrators, the Police could not pursue the matter any further. 128. On the allegation of arbitrary detention, the State submitted that its submissions on the right to life and freedom from torture equally applied in this context. 15