Repressive legislation The legal framework in Zimbabwe is retrogressive when it comes to the observance of human rights. Draconian provisions in laws such as the Access to Information and Protection of Privacy Act (AIPPA)³⁷ and Public Order and Security Act (POSA)³⁸ lead to the abuse of citizens by stifling their freedoms to assembly, expression and association. The POSA impinges on the rights of freedom of association and assembly as it regulates against public meetings without prior notification³⁹ to the police which in practice has been interpreted to mean a requirement for prior permission from the police. The Zimbabwe police has used these two laws, among others, over a long period of time as an excuse to stop or disrupt political gatherings, peaceful protests, and any other politically related activities. In the past, as documented by the Forum, during the years when there have been elections, human rights violations by state security agents or private individuals acting with the acquiescence of the state sharply increased. When confronted by the Forum, most police officers have argued that they will be following the law of the land when they are accused of infringing on people's rights. Political leaders have repeatedly made public statements that encourage the police to deploy the wrath of the law, often leading to wanton abuses. For example, in April 2006, the then president Mugabe threatened to “[bring down the full wrath of the law]” against anyone who disturbs Zimbabwean peace and stability”⁴⁰. The threat came after calls by the country's then main opposition leader, Morgan Tsvangirai, for street protests to topple Mugabe's 26-year rule. The Criminal Procedure and Evidence Act (CPEA) [Chapter 9:07] confers on the police the powers of investigation, arrest, detention, search, entry and seizure. Although section 29 of POSA authorizes the use of firearms it does not mention using them to kill people. Section 42 of the CPEA states that “lethal force” (that is, force that is likely to cause death or serious bodily injury) can be used only in certain specified circumstances. Neither statute expressly authorizes the police or security force personnel to kill people. The ambiguity in the statutes leaves the ZRP, ZNA and the CIO unclear about using firearms to shoot to kill. This is illustrated by the ZRP Human Rights Pocketbook, which advises police officers that the golden rules when using firearms are: “first to fire warning shots, then if that fails to shoot to injure, disable or maim, and only if that fails to shoot to kill “if necessary or justifiable in the circumstances”. Political interference For all the time that ZANU-PF has been in power since 1980, the police has failed to dissociate itself from the ruling party and act independently. In the peak periods of politically-motivated and statesponsored violence ruling party leaders and government officials would pronounce their protection from state security officials who include the police, army and the intelligence. An April 2007 report by the Forum “Their words condemn them: The Language of violence, intolerance and despotism in Zimbabwe” chronicles the utterances of ruling party-political leaders during periods they have faced heavy criticism or serious challenges to their political power. ⁴⁰Their Words Condemn Them: The Language of Violence, Intolerance, and Despotism in Zimbabwe, Zimbabwe Human Rights NGO Forum May 2007 Anti-Impunity Report 19