bail should not be used as substitute detention mechanisms.66 Denying bail in order to punish an accused person contravenes the principle that an accused person shall be presumed innocent until proven guilty by a competent court of law. This is enshrined in article 18 of Zimbabwe’s Constitution and in the ICCPR.67 Contrary to the legal provisions on bail, the Office of the Attorney General has adopted policy and practice in “political” cases to oppose bail in all circumstances, regardless of the merits of each individual case. According to The Herald, Deputy Attorney General (Criminal Division) Johannes Tomana instructed all prosecutors on May 20, 2008, to ensure, as a matter of policy and as a deterrent to other “would-be offenders,” that no person accused of committing or inciting political violence should be granted bail.68 Public prosecutors have subjectively used Tomana’s directive to deny bail for MDC activists, but to our knowledge never to any ZANU-PF activists accused of political violence. MDC Member of Parliament Eric Matinenga told Human Rights Watch that he applied for bail when he was arrested on May 30, 2008. According to Matinenga, the public prosecutor told the court at the outset that he would oppose bail irrespective of the conditions offered by Matinenga in his application. The public prosecutor allegedly stated that it was the attorney general’s official policy that bail in cases of alleged political violence would be opposed regardless of the merits of the application.69 When the magistrate granted Matinenga bail, the public prosecutor immediately invoked section 121 of the CPEA. Matinenga remained in custody pending appeal. In other cases against civil society activists, the prosecutors did not make reference to the Tomana directive, but appeared to have been guided by it to oppose all bail. Following the arrest of 14 Women of Zimbabwe Arise activists on May 28, 2008, the public prosecutor, Public Mpofu, said that he would oppose granting bail to the 66 State vs.Dube (HH 133/89). 67 ICCPR, art 14(2) which states: “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.” 68 “AG’s Office gets tough on political violence,” The Herald, June 9, 2008. 69 Eric Matinenga vs. Commissioner General of Police and others (HC 3049/08). “Our Hands Are Tied” 22