interpreter if he does not understand the language spoken. Children are entitled to freedom from compulsory self-incrimination; 6 should not be subjected to torture, cruel, inhuman and degrading treatment meant to force an admission or confession, and are entitled to legal representation and other appropriate assistance.7 There should be adequate time and facilities for the preparation of the defence. As is the case with Article 3 of the UNCRC and Article 4 of the ACRWC, Section 81(2) of the Constitution provides that “a child’s best interests are paramount in every matter concerning the child.” In the context of juvenile justice, the principle means that the “traditional objectives of criminal justice (repression/retribution) must give way to rehabilitation and restorative justice objectives in dealing with child offenders.” 8 This takes into account the physical, emotional and psychological vulnerability of children. The Constitution of Zimbabwe further provides for the right of the child to be heard.9 The UN Committee of the Rights of the Child, has explained that in the context of judicial proceedings, implementation of this right involves five stages which are preparation, the hearing, assessment of the child’s capacity, information about the weight given to the child’s views and availability of complaints or appeal procedures and remedies.10 This right requires that proceedings should be conducive to the best interests of the child and conducted in an atmosphere of understanding which allows the child to participate therein and to express himself or herself freely.11It is crucial to consider the child’s age, maturity and other special needs in dealing with effective child participation hence courtroom procedures and practices may have to be modified in dealing with children so that the environment is conducive for the child’s participation. The Constitution of Zimbabwe has elaborated on the right to be informed promptly of the charge to include the right to be given sufficient details to enable a person to answer to the charge. 12 Among the national objectives contained in the Constitution of Zimbabwe is legal aid provision. The State is enjoined to take all practical measures, within the available resources, to provide legal representation in both civil and criminal cases to people who need it and cannot afford legal practitioners of their choice.13 The Constitution goes further to enshrine as a fundamental human right of everyone to choose a legal practitioner who can represent them at their own cost and to be represented by a legal practitioner assigned by the State and at its expense where substantial i n j u s t i c e w o u l d o t h e r w i s e r e s u l t .14 T h e Government of Zimbabwe enacted the Legal Aid Act [Chapter 7:16] whose objectives are to ensure that all deserving persons are able to obtain legal assistance without having to pay the legal fees through an entity known as the Legal Aid Directorate (LAD). It is possible for the court to refer a child in conflict with the law to the Legal Aid Directorate so that he or she makes an application for legal aid in terms of the Legal Aid Act. However, Zimbabwean law does not provide for a specific right to legal representation for children in conflict with the law, that is, children do not have a right to free legal representation at all times at the expense of the State. The Constitution provides that any person arrested or detained who is not released must be brought before a court as soon as possible and in any event not later than forty-eight (48) hours after the arrest took place or the detention begun 6. Article 40 (2)(b)(iv) of the UNCRC. 7. Article 40 (2)(b)(ii) of the UNCRC; Article 17 (2)(ii) of the ACRWC; section 70(1)(d) of the Constitution. 8. United nations Office on Drugs and Crime Justice in Matters Involving Children in Conflict with the Law: Model Law on Juvenile Justice and Related Commentary United Nations New York 2013 page 3. 9. Section 81 (1)(a) of the Constitution. 10. Committee of the Rights of the Child, General Comment No. 12 (2009), The Right to be Heard, U.N. Doc. CRC/C/GC/12. 11. United Nations Standard Minimum Rules for Administration of Juvenile Justice (the Beijing Rules) Rule 14.2. 12. Section 70(1)(b) of the Constitution. 13. Section 31 of the Constitution. 14. Section 70(1)(d) and (e) of the Constitution. 10 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests

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