5.1
Separation from Adult Prisoners
Although efforts have been made to protect children’s rights
during incarceration, children are for the most part not
separated from adults while in prison. Some prisons have no
specific cells for juvenile offenders and children are mixed
with adults. Following the mass arrest in January 2019, the
prison population became higher than normal, and the
overcrowding left no room for separate facilities for children.
Failure to separate children from adults in prisons exposes
children to abuse and the criminogenic effects of prison.
However, this failure to separate children from adults in
prison is not a problem of the law, but of implementation. The
law is clear in both the Constitution and in statutes that
children should be kept separately from adults.
5.2
Conditions of Prison and Treatment
that is appropriate to the Child’s Age
Various researches and reports indicate that the conditions in
Zimbabwe’s prisons are generally appalling.53 Prison
conditions are not suitable and desirable for children.
Zimbabwe’s prisons are old and lacking in infrastructure and
resources, with most prison infrastructure inherited from
colonial times. No separate facilities were built in prisons to
cater specifically for children and their needs.
5.3 Prison Officers
Denying Access to Lawyers
In the case of the child who was
detained a Chikurubi Maximum
Security Prison, lawyers responded
to a call and travelled to Chikurubi
Maximum Security Prison to see the
child. At the prison, the lawyers
were informed by prison officials
that the child had been moved, and
were not allowed in. Yet the child
was still inside the prison. As a result,
lawyers were unable to assess the
condition of the child and to take
instructions. The child was to
appear at Rotten Row Court the
following day on 25 January 2019,
at which point the lawyers were
notified of his appearance at court.
The lawyers then rushed and
attended to the child in court.
In June 2019 it was reported that the conditions at Chikurubi
Maximum Prison where less than satisfactory as a result of
overcrowding at the institution. The prison which is supposed
to house 1 360 prisoners at the men’s section had 2 508 men.54
There have been reports of shortage of medicines, food and
bedding in prisons. It has also been reported that the prisons
are infested with lice and vermin.55 Due to overcrowding in
the prisons, there are shortages of food and blankets, and
there is limited access to bathing facilities. Children who were
detained in prisons during the period under review faced
these challenges.
Prison conditions have been worsened by the economic crisis
facing Zimbabwe, which has seen little resources channelled
towards improvement of prison conditions.
53. See for instance Zimbabwe Human Rights NGO Forum “Rights Behind Bars: A Study of Prison Conditions in Zimbabwe
2018” available at http://www.hrforumzim.org/wp-content/uploads/2010/10/Prision-Report-2018.pdf and Shadreck Vengesai
“Juvenile Justice in Zimbabwe: A contradiction bewtween theory and Practice: An analsis of Zimbabwe’s Compliance with article
37 and 40 CRC and Article 17 ACRWC” Unpublished LLM thesis, Tilburg University, page 42.
54. “Prisons under Siege as Zimbabwe’s economic woes persist” https://www .thesouthafrican.com/news/zimbabwe-prisonconditions-june-2019
55. Ibid
29 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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