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:
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