beaten, including innocent men who were caught in the cross-fire. She also recounted how she was badly affected by the teargas. 4.3.3 The other focus group discussion was conducted with a group of women, including Complainant H and her son who recounted how the police had unlawfully broken into their homes and launched teargases. Her tenant informed how the door to their house had been broken down by the police and her husband beaten and taken to Harare Central Police Station, and later to court and to remand prison before he was released on bail, together with Complainant H’s son. 5. Participant observation 5.1 6. This was used to gain intimate familiarity with the community and their activities through involvement with people in their environment. Using observations gave the team an understanding of the geographical location, community relations and the atmosphere/mood in the area. Applicable law 6.1 Constitutional Rights 6.1.1 At the core of the complaints before the ZHRC are allegations of violations of the human rights of the complainants. In particular, it is alleged that the Anti-riot police violated the complainants’ right to freedom from torture or cruel, inhuman or degrading treatment or punishment, the right to privacy and the right to personal liberty. It was also noted that some of the complainants were either children or representing children so it would be prudent to include a section of children’s rights that were violated such as the Best Interests of the Child being paramount in every matter concerning the child, the right of the child not to be detained except as a measure of last resort and the right of the child to education and health care services. 6.1.2 Section 53 of the Constitution, which is at the center of the present complaint provides for the right to freedom from torture or cruel, inhuman or degrading treatment or punishment as follows: Page 12 of 37

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