Zimbabwe’s constitution also contains guarantees against arbitrary arrest and
detention. Section 13 (1) states that “No person shall be deprived of his personal
liberty save as may be authorized by law,” and in execution of the order of a court.24
Section 13 (3) of the constitution highlights the suspect's right to be informed of the
reasons for arrest and to have a legal representative, and section 13(4) refers to the
right of a suspect to be brought before a court without undue delay.
Under Zimbabwe’s Criminal Procedure and Evidence Act, once a suspect is arrested,
the authorities must submit provisional charges to the competent judicial authorities
within 48 hours or release the suspect. If further investigations are required, then the
police must obtain a court order for further detention.25 However, police sometimes
hold detainees for more than 48 hours without seeking the required 48-hour extension
from the courts, in violation of the constitution.26
The breakup of peaceful protests by Zimbabwean authorities (even if effected without
unwarranted or excessive use of force) violates the rights to freedom of expression,
association, and assembly. These rights are enshrined in Zimbabwe’s constitution and
international law.27 While these rights are not unlimited, international human rights
law prevents governments from arbitrarily restricting these rights.28 Furthermore, the
African Commission on Human and Peoples’ Rights has repeatedly affirmed the rights
to freedom of expression, association and assembly.29 The African Commission’s
Declaration of Principles on Freedom of Expression in Africa, adopted at the 32nd
Session of the African Commission held in October 2002 in Gambia, reaffirms the
24
Constitution of Zimbabwe, 1979, section 13 (1).
25
See Zimbabwe’s Criminal Procedure and Evidence Act, section 32 (2); Human Rights Watch interviews with human rights
lawyers, Harare, September 21–October 5, 2006.
26
Under the Criminal Procedure and Evidence Act, section 32 (3) (b), police are required to obtain authorization from a public
prosecutor or magistrate for an additional extension of 48 hours. International legal standards require that detainees be
brought before a judicial officer promptly, though “promptly” has not been clearly defined. However, the Human Rights
Committee, the international body of experts that monitors compliance with the ICCPR, has questioned whether detention for
48 hours without being brought before a judge is not unreasonably long. Report of the Human Rights Committee, vol. I,
A/45/40, 1990, para. 333, Federal Republic of Germany.
27
These rights are enshrined in sections 20 and 21 of the Zimbabwe constitution, ICCPR articles 19, 21 and 22, and ACHPR
articles 9, 10 and 11.
28
CCPR Committee , General Comment No. 31, Nature of the General Legal Obligation Imposed on States Parties to the
Covenant, CCPR/C/21/Rev.1/Add.1, May 26, 2004, para. 6.
29
African Commission on Human and Peoples’ Rights, Declaration of Principles on Freedom of Expression in Africa, I(1),
Gambia, October 2002.
11
Human rights watch November 2006