constituteproject.org PDF generated: 26 Sep 2013, 21:48 PART 2 FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 48 Right to life (1) Every person has the right to life. (2) A law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and. (a) the law must permit the court a discretion whether or not to impose the penalty; (b) the penalty may be carried out only in accordance with a final judgment of a competent court; (c) the penalty must not be imposed on a person-(i) who was less than twenty-one years old when the offence was committed; or (ii) who is more than seventy years old; (d) the penalty must not be imposed or carried out on a woman; and (e) the person sentenced must have a right to seek pardon or commutation of the penalty from the President. (3) An Act of Parliament must protect the lives of unborn children, and that Act must provide that pregnancy may be terminated only in accordance with that law. 49 Right to personal liberty (1) Every person has the right to personal liberty, which includes the right-(a) not to be detained without trial; and (b) not to be deprived of their liberty arbitrarily or without just cause. (2) No person may be imprisoned merely on the ground of inability to fulfil a contractual obligation. 50 Rights of arrested and detained persons (1) Any person who is arrested-(a) must be informed at the time of arrest of the reason for the arrest; (b) must be permitted, without delay-(i) at the expense of the State, to contact their spouse or partner, or a relative or legal practitioner, or anyone else of their choice; and (ii) at their own expense, to consult in private with a legal practitioner and a medical practitioner of their choice; (ii) and must be informed of this right promptly; (c) must be treated humanely and with respect for their inherent dignity; (d) must be released unconditionally or on reasonable conditions, pending a charge or trial, unless there are compelling reasons justifying their continued detention; and (e) must be permitted to challenge the lawfulness of the arrest in person before a court and must be released promptly if the arrest is unlawful. Zimbabwe 2013 Page 18