CHAPTER 4 CHILDREN ON TRIAL: COURTS AND CHILDREN IN CONFLICT WITH THE LAW “There is no trust more sacred than the one the world holds with children. There is no duty more important than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear and want and that they can grow up in peace.” Kofi Annan, Former UN Secretary General Ÿ Ÿ Ÿ Ÿ Ÿ The Pre-Trial Diversion programme found little use during the January 2019 arrests and trials. The children who were arrested and charged with public violence in Harare, Chitungwiza and Bulawayo were legally represented by Justice for Children, Legal Resources Foundation and Zimbabwe Lawyers for Human Rights. Matters were being tried in a hasty manner, defeating the principles of a fair trial. Prosecutors and Magistrates were insisting that trials commence at initial appearance, before lawyers were given an opportunity to confer with their clients and prepare their defences. Prosecutors were curiously opposing certain applications such as separation of trials of children from those of adult co-accused, and release of children on free bail into the custody of their guardians. There were inconsistencies in the sentences imposed by Magistrates. Whilst some children were given wholly suspended sentences, some were ordered to perform community service whilst some were sentenced to corporal punishment. 4.1 Children on Trial for Public Violence The events of January 2019 saw a number of child rights violations emanating from the way the children in contact with the law were treated in the courts. Allegations emerged on the politicisation of the judiciary due to the substantive and procedural decisions made by the judicial officers. Some children were remanded in custody although the law provides for their release without bail to their guardians or the Department of Social Welfare in the absence of parents.47 47. Section 135 of the Criminal Procedure and Evidence Act [Chapter 9:07]. 22 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests