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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