4. Ethical Considerations
ZHRC had made effort in notifying the Zimbabwe Prisons and Correctional Services
of its intended prison visits in the Midlands Province. It is worth noting that ZHRC
received cooperation from the prison which enabled the ZHRC to carry out its work
freely and waived the requirement of a confirmation letter from the Head Office. The
Head Office and the station allowed the commission to take photographs but
informed consent was obtained from the inmates concerned. During the photo
shoots, ZHRC was accompanied by the Prison security team who would record the
pictures taken in line with the prison’s security requirements. It has to be
emphasised that the photos taken were purely for the purposes of this report.
5. Legal Frameworks Governing Prisons
i.
Constitutional and Legislative Frameworks
The Constitution of Zimbabwe Amendment (No.20) Act 2013 is the supreme law in as
far as ensuring the rights of inmates/detained persons is concerned. The following
sections of the Constitution and other national legislation are relevant:
Section 50 -provides for rights of arrested and detained persons, to include the
right to be treated humanely and with respect for their inherent dignity.
Section 51 - provides for the right to human dignity
Section 53 - provides for freedom from torture or cruel, inhuman or degrading
treatment or punishment.
Section 77 - provides for the right to food and water, this includes right to
sufficient food.
Section 75 - right to education, to include a basic state-funded education
Section 81 - provides for the rights of children, this includes the right to equal
treatment before the law, including the right to be heard.
The legislation governing prisons in Zimbabwe is the Prisons Act [Chapter 7:11] and
Statutory Instrument 96 of 2012 which provides for minimum dietary scale for inmates.
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