2.1 Children in conflict with the Law and
in Detention in Zimbabwe
Children in conflict with the law, or in contact with the law,
refers to children who are accused or found guilty of
committing criminal offences. The criminal justice system for
dealing with such children is referred to as the juvenile justice
system or child justice system. Generally, juvenile justice and
detention is a little studied area in Zimbabwe. In most cases,
these areas are covered as part of broader researches and
academic work. For instance, the Zimbabwe Child Law
Monitor of 2016 highlights some gaps in the law when it
comes to detention of juveniles. The report on Pre-Trial
Detention in Zimbabwe done in 2013 by the Zimbabwe
Lawyers for Human Rights (ZLHR) and the Law Society of
Zimbabwe (LSZ) which analyses the criminal justice system
and pre-trial detention conditions in Zimbabwe is perhaps
the most focused study on detention in Zimbabwe, albeit it
focuses on pre-trial detention. In that study the law of juvenile
justice is briefly addressed, and more pertinently, some
experiences of juvenile detainees in police custody are
covered. Experiences of children being beaten in police cells
by the police are highlighted. At the time (2013) the report
also placed the percentage of juvenile prisoners (under 18s)
to the entire prison population of 16, 902 at 0.7%. Yet
another piece of work “Contributing to Legal Aid for Detained
Juveniles in Zimbabwe Project Plan” of June 2012 by the
Lawyers Without Borders Dutch Project Group Zimbabwe,
recorded as at 2010 that “According to recent government
sources, there are around 300 children in prison and many of
them were not represented by a lawyer or supported by a
probation officer during their trial and have not had their case
reviewed since entering detention”. There is however a
significant body of global work on juvenile justice, including
judicial decisions, which help shape best-practice and inform
a local analysis and development of recommendations.
2.2
International and National Legal
Framework
Zimbabwe has ratified both the United Nations Convention
on the Rights of the Child (UNCRC) and the African Charter
on the Rights and Welfare of the Child (ACRWC), which both
provide a global standard insofar as the treatment of children
in conflict with the law is concerned – including issues of
detention. These human rights treaties impose a legal
obligation upon Zimbabwe to align its laws to the
international legal framework governing juvenile justice. The
UNCRC specifically calls upon States “to promote the
establishment of laws, procedures,
authorities and institutions
specifically applicable to children
alleged as, accused of, or recognised
as having infringed the penal law.” 4
The UNCRC and the ACRWC
require special procedures in the
trial of children, and a regime of
reformative and rehabilitative
sentencing as opposed to retributive
and punitive sentencing.
The United Nations Standard
Minimum Rules for Administration
of Juvenile Justice (popularly known
as the Beijing Rules) augment the
national child justice system. The
Beijing rules outline how children
who interface with the criminal
justice system should be treated.
These rules were recently given
extensive reference to by the
Constitutional Court in its judgment
outlawing judicial corporal
punishment for boys in S v
Chokuramba CCZ 10-19. The
Constitution along with the
applicable legal framework together
significantly accord to the minimum
standard stipulated in the Beijing
rules.
Insofar as arrest, detention and
treatment of children in the child
justice system are concerned, the
Constitution entitles children to
protections generally afforded to
everyone in the criminal justice
system. In addition, children are
entitled to specific protections
addressing their peculiar
vulnerabilities, from the moment
they are arrested until they exit the
c r i m i n a l j u s t i c e s y s t e m . Fo r
instance, a child is entitled to
prompt and direct information of
the charges in a language that he
understands so that he can answer
it.5 The child is also entitled to an
4. Article 41(3) of the UNCRC.
5. Article 40 (2)(b)(ii) of the UNCRC; Article 17(2)(ii) of the ACRWC; section 70(1) (b) of the Constitution.
9
‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
Select target paragraph3
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