RIGHTS BEHIND BARS
A Study of Prison Conditions In Zimbabwe 2018
3. METHODOLOGY
It is imperative to recall that the primary objectives of the study were to assess the compliance of selected
prisons with international and domestic standards on conditions of detention; to consolidate the findings
from the prison monitoring project conducted by the Forum and ZACRO as well as its entire membership;
and to make recommendations for reforms and propose key priority areas. To address the objectives
of this study, the approach taken was both theoretical and empirical in nature. It was largely theoretical
in the sense that it involves an analysis of relevant legal and human rights instruments and frameworks
at international and domestic level. Whilst the identification of international and domestic standards on
prisons and conditions of detention required theoretical desktop research, determining whether the
conditions that obtain in Zimbabwean prisons comply with international and national standards required
the Forum to embark on empirical research.
With regards to identifying applicable international and domestic standards on prisons and conditions
of detention, the study largely relied on primary and secondary sources to address the key issues that
arose from the prison monitoring visits. To identify which instruments and standards were relevant to the
study, it was necessary to compile a list of key issues that arose from the Prison Monitoring Visit Reports
made by ZACRO and the Forum. From a survey of the reports, it was evident that the topical issues in the
prisons include pre-trial detention; prisoners’ dignity, cell conditions and sanitation; bedding; adequate
clothing; the right to sufficient food; the right to safe, clean and potable water; the right to health care
services; access to education, vocational training and work; and a number of issues relating to juveniles
deprived of their liberty. To identify international and domestic standards on prisons, the study relied on
primary and secondary sources of information.
At the primary level, the study predominantly relied on United Nations official documentation; various
treaties; and international and regional human rights instruments that are binding on Zimbabwe. Further,
the study relied on provisions of the Zimbabwean Constitution; national statutes such as the Prisons
Act; relevant case law; government briefings; and reports on reviews of national legislation applicable to
prisoners. The focus on domestic instruments and case law relating to prisons and conditions of detention
proved important for purposes of determining whether or not the national normative standards are in
sync with the equivalent provisions of international law.
At the secondary level, the study relied on general comments of the United Nations treaty monitoring
bodies, special reports; reviews of relevant legislation; ‘soft law’ documents such as declarations and the
standards contained in many prescriptive minimum rules regulating the rights of persons deprived of
their liberty. All the major Principles, Minimum Rules and Declarations which provide a comprehensive
outline of safeguards and the rights of persons deprived of their liberty were relied on in compiling this
report. Extensive reference was also made to the major rules, guidelines and principles, especially in
areas that are not explicitly regulated by international and national law.
Given the lack of guidance on, for instance, such issues as bedding, adequate clothing as well as vocational
13
Select target paragraph3
Add to table of contents