complainants in the middle of the night without their permission. Their
doors were broken down and their windows and doors vandalized by
the police and the soldiers. This violated their right to privacy which
protects them from arbitrary searches of their homes and unlawful
entry into their homes, premises or property under section 57 of the
Constitution.
9.3.
Rights of Pre-Trial Detainees
The Constitution also provides for the rights of accused persons in section 70 which
include: the right to be presumed innocent until proved guilty; the right to be informed
promptly of the charge, in sufficient detail to enable them to answer it; the right to be
given adequate time and facilities to prepare a defence and the right to remain silent;
and the right not to testify or be compelled to give self-incriminating evidence. The
ZHRC noted with concern that some of those arrested on 14 January 2019, had not
appeared before a court within the required 48 hours as stipulated in section 50 (2)
of the Constitution. Lawyers representing accused persons complained that their
clients were said to have been arrested on the 15th January 2019 to make it appear
as if they had been taken to court within the confines of the law. Some of the relatives
of detained juveniles who spoke to the ZHRC in Chitungwiza and Mbare, informed
the ZHRC that they had been denied access to the detainees and access to
information concerning the detainees, which is a breach of the Constitution.
9.4.
Right to Personal Liberty
9.4.1. The facts gathered from discussions previously mentioned with
community members in the areas that were visited by the ZHRC reveal
that the police and the soldiers indiscriminately targeted the men in the
residential areas merely due to proximity to the areas where barricades
Page 64 of 68
Select target paragraph3
Add to table of contents