26
S trategic
impact litigation to protect the rights of detainees …
Jennifer Williams & 3 Others v The Minister of Home Affairs & 3
Others
ZLHR Annual Report 2014
ZLHR took up this case on behalf of four members of Women of Zimbabwe Arise
(WOZA) who had been arrested during a peaceful demonstration in Harare and
wished to challenge the conditions of detention of the holding cells at Harare Central
police station where they had been detained. ZLHR argued that the conditions of
detention were inhuman and degrading and therefore violated the constitutional rights
of the women. Among other issues raised, ZLHR argued that the practice of forcing
women to remove their shoes and undergarments whilst in detention was inhuman
and degrading; further, the poor conditions in the cells were such that they violated
the fundamental rights of the WOZA detainees. In a precedent-setting judgment, the
Constitutional Court of Zimbabwe concurred with these arguments and declared the
Harare Central police station holding cells to be uninhabitable and a violation of the
constitutional rights of the detainees. The Constitutional Court directed the state to
ensure that essential amenities, such as clean toilets that are private, were provided;
that each detainee had a clean mattress and adequate blankets and access to clean
water at all times; and that detained women be allowed to keep their undergarments
including brassieres; and wear suitable footwear in the cells. ZLHR is now monitoring
the implementation of this court judgment so as to ensure it benefits women detainees
in the future.
ZLHR lawyers chat with members of Women of Zimbabwe Arise
after the Constitutional Court case in Harare
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