CHAPTER 7 CONCLUSION AND RECOMMENDATIONS “In serving the best interests of children, we serve the best interests of all humanity.” Carol Bellamy During and after the January 2019 protests, children became collateral victims. It is evident that arrests and trials in the aftermath of the January 2019 protests were an affront to the rule of law and to notions of justice. This was generally across the board. Children being a vulnerable group, had their rights trampled even the more. The specific protections afforded to children, such as protection from indiscriminate pre-trial detention, and the need for Probation Officers’ reports, were violated. Due process was truncated, and prosecutors unduly opposed applications for separation of trials and release on children without bail. Children’s rights were sacrificed at the altar of politically motivated arrests and trials. What is clear is that notwithstanding the legal protections accorded to children who interfaced with the criminal justice system, children were bundled together with adults in the way in which they were treated by the system. The only significant difference in treatment was that children were released on free bail and were not given effective imprisonment terms upon conviction. Yet the need to safeguard and protect children in the criminal justice system is even more pronounced in times of crisis. Against this background, it is recommended as follows: Ÿ The justice system must have specific systems and procedures to follow in dealing with children arrested in time of conflict and mass arrests. Children should not become invisible in the multitudes of arrestees. The juvenile justice system must remain intact even in times of crisis. Ÿ Childhood and youthfulness on the accused must not be diminished on account of a context of conflict. If anything, constitutional and statutory protections are most needed during times of conflict. The Judicial Service Commission (JSC), National Prosecuting Authority (NPA), Zimbabwe Ÿ Republic Police (ZRP) and every role player in the justice delivery system must be activated to protect the best interests of children. Ÿ There is need to have specialist courts dealing with children’s cases in the criminal courts. These courts will have specialist magistrates and prosecutors, who understand child justice processes and systems. A similar 33 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests

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