EXECUTIVE SUMMARY
Although Zimbabwe has no child justice framework
contained within a single Child Justice Act, the Constitution
and legislation such as the Children’s Act [Chapter 5:06] and
the Criminal Procedure and Evidence Act [Chapter 9:07]
provide for special protection for children in conflict with the
law. Zimbabwe, as a signatory to global and regional
instruments such as the United Nations Convention on the
Rights of the Child (UNCRC) and the African Charter on the
Rights and Welfare of the Child (ACRWC), has adopted a legal
regime that offers special protection to children who interface
with the criminal justice system. This is augmented by the
United Nations Standard Minimum Rules for Administration
of Juvenile Justice (Beijing Rules). The Beijing rules outline
how children who interface with the criminal justice system
should be treated. Among such protections are special
procedures in trial of children, and a regime of reformative
and rehabilitative sentencing as opposed to retributive and
punitive sentencing. A mechanism to divert children’s cases
from the criminal justice system exists in the form of the PreTrial Diversion programme.
At least 51 children were arrested and processed through the
court system facing public violence charges in the crackdown
that followed the nationwide protests of 14-16 January 2019.
This figure is significantly larger than the officially reported
figure of 12, as at the 30th of January 2019. While arrests for
public violence were made across the country, known cases
of children who were arrested were in Harare, Chitungwiza,
Macheke and Bulawayo, mostly in dragnet arrests. 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.
Torture and assault were recorded at the point of arrest, and
on arrest, children were placed in police cells, bundled with
adults. In some cases, children were over-detained, beyond
the constitutionally stipulated 48 hours. Pre-trial detention
was the standard for all children arrested, with one spending
10 days at Chikurubi Maximum Security Prison, in
contravention of national laws that prohibit pre-trial
detention except under specified circumstances and only as a
measure of last resort. 14 children were detained at Khami
Prison in Bulawayo after their initial appearance in court, but
were later released after their birth certificates were
produced in court.
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Children appeared at Rotten Row
and Mbare Courts in Harare,
Chitungwiza Magistrates Court in
Chitungwiza, and Tredgold and
Western Commonage Courts in
Bulawayo.
Trials truncated due process, and
trials were fast-tracked at the
instance of prosecutors and
Magistrates, in the process violating
protections accorded to children in
terms of the law. Probation Officers'
reports were not furnished in many
trials, and children and their
lawyers were not accorded
adequate time to prepare their
defences.
Despite mostly circumstantial
evidence, a number of children
were convicted, and sentences
were far from consistent, ranging
from suspension of sentencing,
wholly suspended sentences,
corporal punishment and
community service. No children
were sentenced to effective
imprisonment. At least 4 children in
Bulawayo were diverted from the
courts through the Pre -Trial
Diversion programme. Several
trials are yet to commence as at the
time of this report, as the State was
yet to issue summons calling on the
children that were removed from
remand to attend trial.
In spite of children being victims of
the economic and political decay
that caught them in the cross-fire of
protests in one way or another,
children’s treatment in the criminal
justice system violated
international and domestic
standards and norms, signalling a
spectacular retrogression in the
advancement of the rights of
children in conflict with the law.
‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests