TABLE 2.
Cases of gross human rights violations reported to Human Rights Forum,
July 2001 to December 2009.
Source: Reports of the Human Rights Forum.
2001
2002
2003
2004
2005
2006
2007
2008
TOTALS
Abductions
116
223
52
62
18
11
19
137
638
arrest & detention
670
274
627
389
1286
2611
2766
922
9545
Assault
0
86
388
401
530
486
865
1914
4670
attempted murder
0
2
10
10
1
3
0
8
34
death threats
0
12
80
35
9
7
7
51
201
disappearance
0
28
4
0
0
0
0
19
51
displacement
0
11
208
189
609
55
0
629
1701
Freedoms
12
39
809
760
1036
1866
3500
2532
10554
Murder
34
61
10
3
4
2
3
107
224
Political discrimination
194
388
450
514
476
288
980
2787
6077
property violation
356
807
153
132
61
55
16
396
1976
Rape
0
7
6
3
4
1
0
6
27
school closure
0
45
1
0
0
0
0
26
72
Torture
903
1172
497
389
136
366
603
723
4789
Total
2285
3155
3295
2887
4170
5751
8759
10257
40559
Monthly average:
380.8
262.9
274.6
240.6
347.5
479.3
729.9
854.8
As can also be seen from Table 2, the average number of violations per month has been rising steadily since 2005, with 2008 far and
away the worst year since 2000. This again is similar to the trends reported later.
A brief digression is necessary here on the issue of detention or imprisonment. It may seem contentious to argue that imprisonment
is a human rights violation, especially when this occurs pursuant to a law that is in place, but various studies have demonstrated
the wide-spread misapplication of the Public Order and Security Act [POSA], the Criminal Law [Codification & Reform] Act, and the
Criminal Procedure and Evidence Act, the former a piece of legislation that has even been criticized by the African Commission on
Human and Peoples’ Rights 44. In a comprehensive analysis of the application of POSA in 1225 cases, the Solidarity Peace Trust showed
clearly that the legislation was being used as an instrument of repression45. As the study showed:
735 persons [60%]were charged under POSA;
266 persons [22%] under the Miscellaneous Offences Act;
23 persons [2%] under the Criminal Procedure and Evidence Act;
17 persons [1%] were charged with Incitement to Violence;
51 persons [4%] were charged with various offences ranging from murder to malicious injury to property;
133 persons [11%] were not charged at all.
However, the most telling statistic of all, the number of convictions, showed that there had been not one single successful prosecution
under POSA, and, by the end of 2003, only 190 [16%] cases had been concluded, with 902 [73%] unresolved. As the Solidarity Peace
Trust concluded:
In 133 cases [11%], detainees were released without charges ever being laid;
In 85 cases [7%], those arrested were acquitted by the courts;
In 55 cases [5%], deposit or admission of guilt fines have been paid;
In 50 cases [4%], charges were withdrawn.
44
45
Page 12
The African Commission, in its resolution of 5 December 2005, called for the repeal or substantial amendment of POSA, amongst other pieces of legislation.
See Solidarity Peace Trust (2004), “Disturbing the peace”. An overview of civilian arrests in Zimbabwe: February 2003 – January 2004. July 2004. ZIMBABWE & SOUTH
AFRICA: SOLIDARITY PEACE TRUST.
Select target paragraph3
Add to table of contents