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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