constituteproject.org
PDF generated: 26 Sep 2013, 21:48
(2)
Any person who is arrested or detained-(a) for the purpose of bringing him or her before a court; or
(b) for an alleged offence;
and who is not released must be brought before a court as soon as possible and in any event not later
than forty-eight hours after the arrest took place or the detention began, as the case may be, whether
or not the period ends on a Saturday, Sunday or public holiday.
(3)
Any person who is not brought to court within the forty-eight hour period referred to in subsection
(2) must be released immediately unless their detention has earlier been extended by a competent
court.
(4)
Any person who is arrested or detained for an alleged offence has the right-(a) to remain silent;
(b) to be informed promptly-(i) of their right to remain silent; and
(ii) of the consequences of remaining silent and of not remaining silent;
(c) not to be compelled to make any confession or admission; and
(d) at the first court appearance after being arrested, to be charged or to be informed of the reason
why their detention should continue, or to be released.
(5)
Any person who is detained, including a sentenced prisoner, has the right-(a) to be informed promptly of the reason for their being detained;
(b) at their own expense, to consult in private with a legal practitioner of their choice, and to be
informed of this right promptly;
(c) to communicate with, and be visited by-(i) a spouse or partner;
(ii) a relative;
(iii) their chosen religious counsellor;
(iv) their chosen legal practitioner;
(v) their chosen medical practitioner; and
(vi) subject to reasonable restrictions imposed for the proper administration of prisons or places of
detention, anyone else of their choice;
(d) to conditions of detention that are consistent with human dignity, including the opportunity for
physical exercise and the provision, at State expense, of adequate accommodation, ablution
facilities, personal hygiene, nutrition, appropriate reading material and medical treatment; and
(e) to challenge the lawfulness of their detention in person before a court and, if the detention is
unlawful, to be released promptly.
(6)
Any person who is detained pending trial for an alleged offence and is not tried within a reasonable
time must be released from detention, either unconditionally or on reasonable conditions to ensure
that after being released they-(a) attend trial;
(b) do not interfere with the evidence to be given at the trial; and
(c) do not commit any other offence before the trial begins.
Zimbabwe 2013
Page 19
Select target paragraph3
Add to table of contents