MASS AND WIDESPREAD ARBITRARY ARRESTS In dealing with the January stay-away protest actions, Zimbabwean authorities responded to largely peaceful protests by deploying members of the army together with other security forces who arrested over 1000 people, including minors, mostly arbitrarily and without due process. Among those targeted were peaceful protestors, human rights defenders, political activists, prominent civil society leaders, and other people dragged from their homes as security forces launched a massive door-to-door search for protestors. Available information indicates that a significant number of people have been arrested after the police forcibly entered into their homes at night. The crackdown largely targeted suburbs in the main urban centres of Harare, Bulawayo, and Chitungwiza. On 14 and 15 January the police and members of the army forcibly broke and entered homes as they arrested scores of people who allegedly committed acts of public violence. Videos of the army and the police forcefully breaking into people’s homes and carrying out raids were seen widely circulated in the mainstream media and social media including via WhatsApp. Zimbabwe Lawyers for Human Rights (ZLHR) recorded 843 arrests in the aftermath of the protests in Gweru, Mutare, Marondera, Bulawayo, Kadoma and Harare between 16-18 January. According to ZLHR, many of those arrested between 14-16 January were people who had nothing to do with the protests “but after 16 January there have been more arrests targeted at politically connected individuals or those of interest because of their dissenting views.”56 On 24 January, Police spokesperson Charity Charamba announced that over 1, 000 people had been arrested since 14 January.57 She said the people were arrested for looting, malicious damage to property, assault, public violence, obstruction of movement of traffic among other offences. It is not clear if all those arrested were arrested from the streets or during door-to-door raids. UNCONSTITUTIONAL DEPLOYMENT OF THE MILITARY Beyond the arbitrary nature of arrests and raids, Amnesty International is also concerned that the military was engaged outside of its legal mandate in law enforcement operations in a context where there is no declaration of a state of emergency. In terms of the Zimbabwe Constitution,58 the investigation of crimes and the maintenance of law and order falls under the mandate of the Zimbabwe Republic Police and not the defence forces. But information gathered by Amnesty International clearly indicates that soldiers were actively involved in law enforcement operations, including carrying out arrests in the name of investigating alleged crimes in violation of the Constitution and the Criminal Procedure and Evidence Act.59 According to Section 213 of the Zimbabwean Constitution, the President is responsible for the deployment of the Defence Forces. Section 214 of the Constitution permits the President to deploy soldiers internally in defence of Zimbabwe, to support police officers in the maintenance of public order or managing a public emergency. The President is obliged to inform Parliament immediately and detail the reasons for this deployment. Amnesty International’s investigations have not found any records to indicate that Parliament was informed. Interview with a lawyer at ZHLR, 29 January 2019 The Herald, Protests: 1 100 arrested, 24 January 2019, https://www.herald.co.zw/protests-1-100-arrested/ 58 See section 219 of the Constitution 59 See sections 25-45 of the Criminal Procedure and Evidence Act, Cap. 9:07 governing arrests in Zimbabwe 56 57 ‘OPEN FOR BUSINESS, CLOSED FOR DISSENT’ CRACKDOWN IN ZIMBABWE DURING THE NATIONAL STAY-AWAY, 14-16 JANUARY 2019 Amnesty International 14