This is a fundamental right premised on a key tenet of Zimbabwe’s criminal justice system,
which stipulates that an accused person is presumed innocent until proven guilty. This basic
principle has found expression in s 70(1)(a) of the Constitution.
Rights of arrested and detained persons
In addition to personal liberty nad the right to bail, arrested and accused persons also have a host
constitutional rights expressed. Some of the key rights are as follows:
Section 50:
(1) Any person who is arrested (a) must be informed at the time of arrest of the reason
for the arrest; and (b) must be permitted, without delay—(i) at the expense of the State,
to contact their spouse or partner, or a relative or legal practitioner, or anyone else of their
choice; and (c) must be treated humanely and with respect for their inherent dignity.
Detained persons additionally (d) must be released unconditionally or on reasonable
conditions, pending a charge or trial, unless there are compelling reasons justifying their
continued detention.
Conclusion
The Zimbabwe Peace Project, concerned with the human rights situation in Zimbabwe, notes a
worrying trend in the justice system where human rights defenders and political activists are
continually denied bail and are held in detention for long periods before triall. In some instances
the arrested persons in politically motivated incidents are held in maximum prisons for offenses
not deemed grave, raising a concern about the fairness and concern of human rights in the justice
system. This was evident during the period prior and during the Southern African Development
Community (SADC) Summit held in August in Zimbabwe. ZPP therefore urges the justice
system, the Zimbabwe Human Rights Commission as a public protector, and other relevant
government arms concerned with the justice system to prioritise the rights of accused persons,
investigate any breaches and promote accountability and fairness.
For more information and inquiries:
Zimbabwe Peace Project: zppinfor@myzpp.com