to condone or even encourage the criminal behavior of their
juniors.
In addition to extensive efforts to properly train police officers not
only in policing skills but in human rights norms, what is needed is
an independent authority to investigate and deal with allegations
of unlawful activity, including torture and ‘police brutality.’ This is
an area where civil society can take the initiative in proposing such
an independent organ, drawing on the experience elsewhere
(including post-apartheid South Africa) where efforts have been
made to solve the same problem. Any such organ, as with a
TJRC, will only be effective if it is genuinely independent, properly
staffed and adequately financed. Creating such a body on paper
and through legislation is one thing, but making it work is another,
requiring the political will of Government.
As with the ZRP, so with the Zimbabwe Prison Service and the
treatment of prisoners generally. It is well known in the country
that currently the jails are the scenes of on-going serious human
36
rights abuses. Of equal concern are the appalling conditions of
gross overcrowding, the inadequacies of proper food, medical
care and hygiene, and overall neglect, which singly and combined
constitute cruel, degrading and inhuman treatment and
punishment. Part of the reason lies in Zimbabwe’s catastrophic
economic decline and endemic corruption: prisoners are entirely
marginalized and at the mercy of their custodians, and in the
current political climate they are subject to even greater degrees
of brutality, extortion and abuse than ‘normal.’
36
See for example the report posted on the ZWNEWS website on 6 February 2004:
http://www.zwnews.com/issuefull.cfm?ArticleID=8581 Under the heading “Overcrowding leads
to prison crisis,” it chronicled how jails designed for 16,600 have overshot that figure by more
than 8,000 according to justice ministry officials. Prisoners take turns to sleep. The sheer
number of deaths from infectious diseases has lead prison authorities to introduce a daily fiveminute programme on national radio appealing for relatives to collect the bodies of the
deceased. Critical food shortages mean inmates get maize porridge seasoned with salt for
breakfast, and boiled cabbage for lunch and supper. The brutality of prison officers was
revealed in a recent report presented to the justice ministry by a parliamentary committee. The
large number of MDC leaders arrested and detained for various lengths of time in recent years
has also revealed eye-witness accounts of appalling conditions for those awaiting trial, or who
are incarcerated pending bail hearings.
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