This report, titled Trial by Pre-trial Incarceration; Detention without Trial and Delayed Trials in Zimbabwe 2020-2023, deals with concerns pertaining to the denial of bail and prolonged pre-trial incarceration of perceived voices of dissent like Job Sikhala and other political activists.
“Despite the outlawing of section 27 of the Peace and Order Security Act (POSA), the state has deployed other methods of punishing perceived voices of dissent by denial of bail in deserving cases and subjecting arrested persons to prolonged pretrial detention,” read the report.
As a case study, the document mentioned Sikhala who has been in prison for over 500 days without bail or trial over politically motivated crimes.
It also cited the case of opposition Transform Zimbabwe leader Jacob Ngarivhume who is serving 36 months in prison for inciting Zimbabweans to protest against corruption and the mishandling of the economy by the Zanu-PF government.
Investigative journalist Hopewell Chin’ono, Mt Pleasant MP Fadzayi Mahere among other political activists were mentioned as examples of the people who were arrested several times over “frivolous” charges.
“The State must desist from politicising the role of judicial officers such that they exercise independence in the discharge of their mandate.
“The role of police officers in investigating cases should not be politicised by the State such that they also exercise independence in the discharge of their mandate.
“The State should pay due regard to regional best practices regarding pre-trial detention and to show such commitment by domesticating and enforcing the ‘Principles and guidelines on the right to a fair trial and legal assistance in Africa’.
“These are proclaimed by the African Charter on Human and Peoples’ Rights (ACHPR) and push for respect of the right to liberty and security of arrested and detained persons under Article M namely that:
“(e) Unless there is sufficient evidence that makes it necessary to prevent a person arrested on a criminal charge from fleeing, interfering with witnesses or posing a clear and serious risk to others, States must ensure that they are not kept in custody pending their trial. However, release may be subject to certain conditions or guarantees, including the payment of bail.
“(g) Ensuring, the enactment of legal provisions into domestic law, that officials or other persons who arbitrarily arrest or detain any person are brought to justice.
“(h) Ensuring, the enactment of legal provisions and adoption of procedures that anyone who has been the victim of unlawful or arbitrary arrest or detention is enabled to claim compensation.”
Source Nehanda Radios
