Selective Application of Bail:
A Concerning Trend in Human Rights Accountability
August saw an alarming surge in human rights violations, with over 160
defenders arbitrarily arrested, subjected to prolonged pre-trial detention, torture,
and inhuman treatment by state security and the justice system. Elected officials,
activists, and citizens faced unjust arrests, lengthy detentions, and denial of
access to justice, often on politically motivated charges. The denial of the right to
bail in most incidents points to a failure of the justice system to account for the
rights of the accused as enshrined in the Constitution of Zimbabwe in Sections
49, 50, 69 and 70. According to the country’s supreme law in Section 49,
everyone has a right to personal liberty, including the right (a) not to be detained
without trial. A disturbing pattern however emerged in August, with accused
persons arrested ahead of the SADC Summit being repeatedly denied bail for
trivial reasons, suggesting an extension of the machinery to suppress dissenting
voices. In incidents such as the arbitrary and unlawful arrest of Samuel Gwenzi,
Namatai Kwekweza, Robson Chere and Vusimuzi Moyo, among other incidents, the
rights of the accused were violated in many ways including the right to be treated
humanely and with respect for their inherent dignity as enshrined in Section 50
(1c).
Chere's harrowing ordeal, while not the only case, is a stark reminder of the
justice system's glaring failures. Visibly tortured, denied bail, and locked away in
a maximum-security prison for over 30 days without trial, Chere's story is a
heart-wrenching testament to the erosion of human rights. Prolonged detentions,
coupled with the agonizing wait for a trial, take a devastating toll on accused
persons’ well-being. The denial of freedom and rights leave an indelible mark on
the victims, causing irreparable harm to their physical and mental health.
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