VI. Magistrates and Prosecutors under Pressure Intimidation, Threats and Attacks against Magistrates The government has taken a different approach to the country’s magistrates than it has with the judges. While there is no evidence that the government has attempted to purge the magistracy or replace independent magistrates with ruling-party sympathizers, available information points to both threats and intimidation intended to cow magistrates into toeing the ruling party line and to the misuse of judicial procedure to circumvent their authority.51 The government’s strategy has been effective in smaller towns and rural areas where ZANU-PF formerly had total control. Human Rights Watch learned of attacks on magistrates by ZANU-PF members and its allies in small towns such as Bindura, Rusape and Gutu. But the government’s strategy has not worked well in the two major cities, Harare and Bulawayo, where the majority of junior magistrates still display some independence.52 There, magistrates routinely grant bail to detained MDC activists, contrary to the wishes of the government.53 As a counter-measure, government prosecutors often invoke section 121 of the Criminal Procedure and Evidence Act (CPEA), which provides prosecutors with the opportunity to file a notice of intention to appeal against a bail ruling.54 By noting an intention to appeal, a magistrate’s order to release a suspect is immediately suspended, giving the prosecution seven days to prepare an appeal, during which time the accused must remain in police custody.55 51 Human Rights Watch interview with three former magistrates, Harare, August 29, 2008. All three said they felt compelled to resign following threats to their lives by suspected ZANU-PF supporters and lack of assurances of protection from government. 52 Human Rights Watch interview with serving magistrate, Harare, August 18, 2008: most junior magistrates have not benefited from government’s patronage, therefore ensuring some independence in their ranks. However, some senior magistrates were allocated land under the government’s land reform program, thus compromising their independence. 53 Human Rights Watch interview with serving magistrate, Harare, August 18, 2008: “Our power as magistrates to grant bail has completely been usurped by prosecutors, because the mere noting of an intention to appeal by a prosecutor means that a magistrate’s power to grant bail is immediately cancelled and the accused is sent to remand prison.” 54 Criminal Procedure and Evidence Act, Chapter 9:07, sec. 121 (1). 55 Human Rights Watch interview with a former magistrate, Harare, August 28, 2008. 19 Human Rights Watch November 2008