2.2 TARGETING OF ACTIVISTS AND PERSECUTION OF HUMAN RIGHTS DEFENDERS ARBITRARY DENIAL OF BAIL AND VIOLATION OF FAIR TRIAL GUARANTEES In total, 1055 people were tried by courts countrywide in charges related to the protests between 16 January - 31 January.60 Of these, only 48 adults have been granted bail, while 995 were denied bail. Twelve juveniles who were arrested during the mass arrests from various locations in Harare were released into the custody of their parents, guardians or social welfare at various times between 16 January and 31 January. Amnesty International is concerned about the fast-tracking of cases through the courts without due process and patterns of denial of fair trial rights of people detained by police.61 In one court in Harare, a witness noted that virtually all accused persons brought to the court on 16 January were not told why they were being arrested at the time of arrest.62 Many accused persons did not get an opportunity to choose and meet lawyers of their choice before the trial commenced usually within 48 hours of being arrested and detained.63 Amnesty International received reports of lawyers being denied access to their clients, bail denied on patently unjustifiable grounds and the accused not given adequate time and facilities to prepare their defence. Overwhelmed lawyers struggled to take instructions from clients and formulate defences simultaneously as trials were proceeding.64 In a statement by the Zimbabwe Law Society on the official opening of the 2019 legal year, the Law Society expressed its disquiet on how sections of the judiciary were handling cases of violence and looting arising from the crackdown. “There is an unmistakable paradigm shift in the manner that the accused are being treated. The fast-tracked trials, routine denial of bail, routine dismissal of applications, blatant disregard of the constitutional provisions relating to the right to fair trial, are causing alarm within the profession. We do not believe that all the cases being brought to courts are similar in facts, circumstances and evidence to warrant the uniform treatment being witnessed,” the statement said.65 On 29 January, lawyers, organised by the Law Society, marched to the constitutional court to protest the alleged denial of justice for hundreds of people arrested during and after the stay-away protests.66 So far there has been no resolution of the issues raised by the Law society. CIVIL SOCIETY LEADERS TARGETED Prominent civil society and opposition MDC party leaders were targeted by the police, the army and intelligence officers. Reports suggest that authorities have released a list of wanted people, most of whom belong to MDC or are outspoken civil society leaders.67 A well-known local pastor and leader of the #Thisflag Movement, Evan Mawarire, was arrested by police at his home in Harare in the early hours of 16 January without a warrant. A dozen police officers armed with AK-47’s picked him up and he was later charged with inciting public violence and “subverting a Figures announced by the Chief Justice during his address to the media on 31 January, days after the opening of the Legal Year and the march by lawyers. See story on https://allafrica.com/stories/201902040197.html 61 Zimbabwe lawyers petitioned the Chief Justice on 29 January 2019. See petition here https://newzwire.live/no-fast-track-justice-in-fullzimbabwe-lawyers-petition-to-chief-justice/ 62 Interview with a court observer on 25 January 2019 63 Ibid 64 Amnesty Interview with ZHLR 24 January 2019 65 See full story including petition here: https://newzwire.live/no-fast-track-justice-in-full-zimbabwe-lawyers-petition-to-chief-justice/ 66 See article in News24 https://www.news24.com/Africa/Zimbabwe/lawyers-march-in-zimbabwe-capital-alleging-denial-of-justice-20190129 67 In a Letter dated 29 January 2019 to the Inspector General of Police in Namibia, Human Rights Lawyer, appended a list of 27 names from a Zimbabwe Republic Wanted List updated on 25 January 2019 60 ‘OPEN FOR BUSINESS, CLOSED FOR DISSENT’ CRACKDOWN IN ZIMBABWE DURING THE NATIONAL STAY-AWAY, 14-16 JANUARY 2019 Amnesty International 15