protests, stating that the children were involved in looting,
acts of arson and violence. However, contrary to other media
reports and reports from lawyers representing these juveniles,
she stated that only 4 juveniles had been arrested and had
been released into the custody of their parents. On 30
January 2019, the Assistant Commissioner confirmed that the
number had risen to 36 children, with the arrests taking place
mostly in Harare and Bulawayo. She remarked that some of
the children were arrested for throwing stones at police
officers and for looting and justified arresting children on the
basis that there is no law in Zimbabwe that proscribes the
arrest of children when they commit crimes. She added that
failure to arrest children would inculcate a culture of
criminality. The Chief Justice however in a statement in
response to a petition delivered by a group of lawyers that
marched and delivered the petition on 29 January 2019,
stated that as at 30 January 2019, “12 juveniles were released
into the custody of either their parents/guardians or social
welfare officers on their appearance in court”. 37
However, a local NGO that provides free legal services to
children, Justice for Children (JC) tracked the cases and
recorded a total of 51 children who were arraigned in the
Magistrates Court in Harare, Chitungwiza and Bulawayo
connected to the violence. As access to information was
restricted due to restricted movement and internet shutdown
during part of the period, it was difficult to ascertain in real
time what was transpiring in all the parts of the country. There
could have been more children arrested in the more remote
areas of the country, whose arrests were not captured.
At Western Commonage Police Station in Bulawayo, lawyers
attended to 7 children aged between 12 to 16 years who
were arrested on the 26th of January 2019. On engagement
with the Officer in Charge however, charges were dropped in
respect of some of the children, who were subsequently
released. Others, however, were referred to court.
3.2
Violations Committed against Children
Several atrocities were committed against children at the
point of arrest, and the police emerged to be the primary
violators of the rights of children in the criminal justice
system. The Zimbabwe National Council for the Welfare of
Children (ZNCWC) issued out a statement on behalf of the
Child Rights Coalition in Zimbabwe on the 1st of February
2019 stating that it was “deeply
concerned with reports and
evidence on the arrest and detention
of children accused of public
violence” and that “evidence
gathered from our members working
on the ground shows that children
have been arrested and detained
without following the international
and local standards that uphold
children’s rights as enshrined in the
UNCR C, ACR WC, s81 of the
Constitution of Zimbabwe and the
Children’s Act”.38Recorded violation
were as follows.
Due Process
Once arrested, no proper screening
processes were followed by the ZRP.
During trial at Rotten Row Court,
one arresting officer confirmed that
proper policing procedures were
not followed as the police were
under pressure to act and were
overwhelmed by the incidences of
the period.
Generally, the police did not make
efforts to inform the parents and
guardians of the children on arrest,
nor was the Department of Social
Welfare (DSW) alerted. This meant
sometimes children were detained
without the knowledge of the
guardians, and guardians were then
forced to look for their children.
Almost all the children who were
arrested in Harare and Chitungwiza
did not have their parents notified.
In one case, a 16-year-old child was
arrested in Mabvuku, and the
parents learnt of the arrest while
watching Zimbabwe Broadcasting
Corporation (ZBC) television (TV)
37. Judicial Service Commission “Comments by the Honourable Chief Justice Following Complaints on Handling of Public
Violence Cases”, page 4 at
https://jsc.org.zw/jscbackend/upload/Publications/FULL%20VERSION%20PETITION%20%20RESPONSE.pdf
38. Zimbabwe National Council for the Welfare of Children “Press Statement in Arrest and Detention of Children Accused of
Public Violence” 1 February 2019, http://kubatana.net/2019/02/01/press-statement-arrest-detention-children-accused-publicviolence
17 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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