Nature of violations There were politically motivated abductions and attempted abductions by state security agents and ZANU(PF) party supporters. Some of the victims were found later, but some were never found. There were 142 cases of people who were either kidnapped or abducted during the year. In addition, MDC-T leaders reported that state security agents and ZANU(PF) party supporters abducted and tortured a number of MDC activists and civil society members as part of an effort to intimidate them and their leaders. 4.1.1.5 Arbitrary arrest or detention The arrest and/or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against a legal statute, or in which there has been no proper due process of law. Policy The rights and safeguards from arbitrary arrest and detention are provided for in Zimbabwean legislation. Nature of violation Arbitrary arrests and detentions targeted human rights defenders and members of political parties other than ZANU(PF) for intimidation purposes. The selective application of repressive legislation such as POSA and AIPPA was used to enforce arbitrary arrests and detentions. An estimated 70 political detainees, including high-profile MDC-T figures and human rights defenders, remained in custody after the inauguration of the GNU. Although some were later released on bail, their bail conditions were extremely strict and severely restricted their ability to continue their work effectively. There are no effective protection mechanisms against arbitrary arrest of political opponents or long-term detention without trial. The Criminal Procedure and Evidence Act extends the initial detention of those arrested for corruption or violating security laws to 21 days from 48 hours. POSA makes it easy for the government to charge political opponents because of its excessive limitations on speech, association and assembly. Case histories • On 10 February, two members of Zimbabwe Lawyers for Human Rights (ZLHR), Ms Roselyn Hanzi and Mr Tawanda Zhuwarara, and eight members of Women of Zimbabwe Arise (WOZA) were arrested by unidentified members of the ZRP following a peaceful demonstration organized by WOZA. The two lawyers were detained in the Parliament Guard Room before being moved to Harare Central police station. • In February, approximately 30 MDC-T supporters were detained on charges of receiving military training in neighbouring Botswana – a charge strongly denied by the Botswana government. The activists said state security agents abducted them in Zimbabwe and that their ‘confessions’ were obtained through torture. Zimbabwe Human Rights Report – 2009 13

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