two weeks or more… [They are] eventually… granted bail… after having already suffered arbitrary arrest and unlawful incarceration. The greatest scope for persecuting [MDC] activists is in refusal of bail and keeping accused persons in custody. When a matter eventually gets to the trial stage, judicial officers attempt to apply the law as it is, but of course, very few cases ever get to the trial stage since the objective of [the] harassment and persecution... would have [already] been achieved.62 On several occasions members of Women of Zimbabwe Arise and the Zimbabwe National Students Union (ZINASU) were subjected to arbitrary arrests and unlawful incarceration.63 In May 2007 the MDC reported to Human Rights Watch that more than 600 of their supporters had been subjected to arbitrary arrest, abduction or assault since the beginning of that year.64 Political Interference by the Office of the Attorney General and Public Prosecutors Human Rights Watch believes that, in normal circumstances, such as where “nonpolitical” cases are concerned, prosecutions in Zimbabwe are generally impartial. However, in “political” cases, there is clear evidence that some prosecutors abuse the law to persecute and harass perceived MDC supporters, particularly in applications for bail. Section 117 of the Criminal Procedure and Evidence Act states that bail should not be refused unless there is clear evidence that the accused is likely to commit other offenses, interfere with witnesses or abscond.65 Remand procedures and denial of 62 Human Rights Watch Interview with Dr Lovemore Madhuku, Harare, August 18, 2008. 63 Human Rights Watch interview with WOZA Coordinator Jenni Williams and ZINASU President Clever Bere, London, September 16, 2008. 64 McDonald Dzirutwe, “Zimbabwe’s Tsvangirai wants talks, says 600 tortured.” Rueters, April 12, 2007. http://www.alertnet.org/thenews/newsdesk/L12205103.htm (accessed November 3, 2008). 65 While section 117 of the (CPEA) sets out conditions for granting bail to an accused, section 121 empowers the prosecutor to overturn the granting of bail by a magistrate; when a prosecutor gives notice of intention to appeal against bail, the effect is to suspend the ruling granting bail pending the noting of the appeal. 21 Human Rights Watch November 2008

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