and Order section at Harare Central Police
Station, in the case of Harare. For instance, on 22
January 2019 lawyers responded to a case in
which 4 juveniles were detained in the cells
together with adults. Again, on 24 January 2019
lawyers responded to another call for more
juveniles detained and bundled with adults at
the CID Law and Order at Harare Central Police
Station, who had been arrested on the evening of
23 January 2019. The children were found in
possession of items allegedly looted in a shop in
Machipisa, Highfields. The three juveniles were
found in possession of pencils and clothing items
they had picked up after the items were dropped
by looters at Machipisa Shopping Centre in
Highfields, Harare.
Across all detention facilities, detention
conditions were far from ideal. Children were
sleeping on the floor without blankets, and had
no access to food and water. For the periods the
children were detained, they had no access to
washing facilities.
Detention of Children with Adults
In almost all cases, children were bundled up
with adults and thrown in detention facilities
without separation. This was the case in
Chitungwiza, Harare and Bulawayo. In
Mabvuku in Harare, a 16-year-old child was
arrested while running on the streets. Upon
arrest, he was taken by the police to Choppies
supermarket which had been looted. There, he
was put together with adults arrested at the
supermarket and was detained together with the
adults at Mabvuku Police Station for almost 48
hours. All children who were detained at Harare
Central Police Station CID Law and Order
section were placed in cells with adults. No
separate facilities were reserved for children.
Over-detention
Notwithstanding stipulations in the law, there
were cases in which children were overdetained. Two Epworth juveniles arrested on
Monday 14 January 2019 and charged with
public violence were released on Friday 18
January 2019 after Harare Magistrate
Obedience Matare ruled that they had been
detained for more than forty-eight hours. The
juveniles aged 14 and 16 respectively were
represented by the Zimbabwe Lawyers for
Human Rights. In another case, a grandmother
in an interview with Sky News stated that her
minor granddaughter was arrested and detained
in police cells some days. 45 The girl child had
been assaulted on her breasts at the time that she
was apprehended by the police. The girl child
relayed that she was denied food for three days
whilst in custody.
Access to Lawyers
In some police stations, particularly in Harare,
lawyers were denied access to the detainees,
who included children. At the CID Law and
Order section at Harare Central Police Station, a
group of 30 people that was arrested on 22
January 2019 had among them 4 children. Since
3am on 23 January 2019, lawyers were seeking
to access the detainees without success. The
children were only accessed mid-morning, at
which point the lawyers proceeded to take
instructions. The children were arrested as part
of a group that was picked up by members of the
police force at a safe house in Harare while being
kept after receiving treatment at a local clinic.
The children, along with the adults, had received
medical treatment from beatings they had
sustained from members of the police force in
Dzivarasekwa. The group was later released, and
had to appear in court the following day. The
release was largely because fresh arrests had
been made and room was needed to be created
for the new detainees to be kept.
In Chitungwiza, the police made it clear they
would not assist lawyers to access juveniles
arrested and would not assist with information.
They informed the lawyers that instead of
looking for “perpetrators”, the lawyers should be
assisting the police officers in Chitungwiza as
they were “victims”. The guardrooms At Makoni
Police Station had been set alight during the
violence, along with 6 cars and 3 buses in the
yard.
45. “Zimbabwe crackdown: Children shackled and caged in security round-up” SkyNews, 26 January 2019,
https://news.sky.com/story/zimbabwe-crackdown-children-shackled-and-caged-in-security-round-up-11617977
20 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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