CHAPTER 6 CIVIL AND POLITICAL RIGHTS: THE FREEDOM TO WALK, TALK AND ACT “Criminal law must never be used as a means to silence opposition or persecute human rights defenders, which also necessarily has a chilling on others who perform critical human rights work. It is important that the police do not arrest to investigate but they must investigate before they arrest.” Arnold Tsunga, Director International Commission for Jurists – Africa. The Declaration of Rights in Zimbabwe enshrines justiciable socio-economic rights, in a manner that to a significant extent domesticates the ICESCR. Notwithstanding, there is a dearth of progressive legislation to consummate the promise of the Constitution when it comes to protection of socioeconomic rights. While socio-economic rights are dependent on available resources, access to these rights must be controlled by legislation in the way of ensuring minimum standards and ensuring that government takes reasonable steps in implementing reasonable plans with reasonable, practical and measurable milestones. government did not hold accountable members of the police who killed two civilians during a protest in Harare on 22 February 2018. Several detentions were unlawful. In some cases, security forces arbitrarily arrested journalists and political and civil society activists, and then released them without charge. Several arrested individuals were assaulted and tortured by the police at the point of arrest. Authorities often did not allow detainees prompt or regular access to their lawyers and often informed lawyers who attempted to visit their clients that detainees or those with authority to grant access were unavailable. This was especially in respect of people seen as “enemies of the State”. The government also monitored, harassed, and intimidated human rights lawyers when they attempted to gain access to their clients. Significant short-circuiting and truncating of due process was reported in the criminal justice system, particularly in cases involving opposition political players. Arrests and Detention The numbers of people arrested in the aftermath of 1 August 2018 protests were significant. Arrests were predominantly in Harare and were linked to the protests over delayed release of presidential election results. Gweru also witnessed some protests, although arrests in that city were not pronounced, with the charges being primarily of public violence. The army continued to arrest and detain people, despite lacking a constitutional mandate to do so. Local media and NGOs reported that plain-clothed state security agents abducted MDC Alliance Information and Public Secretary Simbarashe Mujeye and his brother from their Chitungwiza home on 2 August 2018. The agents handcuffed and beat him while demanding to know the whereabouts of senior MDC leaders. The men then took Mujeye to Harare Central Police station on charges of inciting public violence. Soldiers moved through suburbs of Harare and Chitungwiza between 2 and 7 August, beating supporters of the opposition MDC Alliance, firing gunshots outside the homes of its MPs and sealing off the homes of leaders’ families. There were reports of impunity involving the security forces during the year. For example, the The army continued to arrest and detain people 25 STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018