Zimbabwe – Ready for Elections? 39 intelligence service has also been implicated in the harassment of HRDs, as seen in the case of Maguwu v Co-Ministers of Home Affairs and 4 Ors.34 Of concern is the active participation of some members of the ZRP in election processes – particularly being nominated as candidates. There was generally no clarity on whether/when these police officers resigned to actively involve themselves in politics – if they have resigned at all. Oliver Mandipaka, a senior police officer and police spokesperson, for example was nominated as a candidate for ZANU PF whilst still serving in the police force.35 In the interim, other lower-rank police officers have been disciplined and removed from employment for being seen attending MDC-T rallies in their civilian clothes. The state, through the police, has an obligation to provide adequate security to all political parties according to the AU Declaration. This has not been the norm in Zimbabwe as police have abused these powers in the past against opposition party members.36 Some of the powers of ZRP that have been increased under the amended draconian POSA enable the police to impose conditions on how a gathering or meeting must be conducted. They continue to selectively apply and misinterpret their powers under this repressive legislation to block gatherings organised by opposition parties and CSOs, thus suppressing fundamental rights relating to participation. 3.4.2 Respect for pre-trial rights ZLHR has continued to condemn the deprivation of liberty of HRDs and even ordinary citizens without just cause. Of particular concern, arbitrary arrests have continued to occur. The Chief Justice – Godfrey Chidyausiku – has censured the police from arresting in order to investigate, but they continue to contravene the law with impunity.37 These arrests have been selective against HRDs and certain political players from the opposition. Police have continued to torture some HRDs in their custody. Some blatant examples include the torture of International Socialist Organisation (ISO) activists after their arrest in February 2011. They were arrested for conducting a lecture series to discuss events in Egypt. Six of the leaders were tortured while in police custody by suspected state security agents.38 The acts of torture were carried out to induce confessions, with serious charges of attempting to overthrow a government by unconstitutional means 34 High Court Harare unreported case 404/12. 35 “Thrills, spills in primaries” The Herald (26 June 2013) available at < http://www.herald.co.zw/thrillsspills-in-primaries/> Last accessed on 28 July 2013. 36 The police shot dead Gift Tandare, a member of the MDC, on 11 March 2007 when they violently dispersed people trying to attend a Save Zimbabwe Campaign prayer meeting. 37 F Razemba “ZRP ready for polls” The Herald (4 June 2013) p 3. 38 “Gwisai bemoans torture as Muchadehama challenges placement of activists on remand” HRDs Alert ZLHR (24 February 2011).