RIGHTS BEHIND BARS A Study of Prison Conditions In Zimbabwe 2018 In most of the trials that failed to kick off, the reason is often the result of the utter incompetence of the State. As demonstrated above, accused and detained persons continue to be deprived of their liberty as a result of such excuses as the shortage of fuel or the lack of knowledge regarding the whereabouts of State witnesses. In other cases, the witnesses have either died or allegedly relocated to foreign countries. In almost all cases, the reasons for the State’s failure to continue with the trial are not attributable to the accused person, but to either the State or other unforeseen circumstances. Yet the accused is made to remain in detention as if he or she were the cause of the circumstances. 5.2. Human dignity, cell conditions and sanitation While some prisons largely complied with international and domestic standards governing cell conditions, others fared equally badly. At Connemara Open prison, the cells were in a block which had both the toilets and showers. Further, there was a block for bath rooms and toilets which had running water at all times. The system is intact with no challenges at all. The open prison is ideal for better living conditions and the State’s handling of the prison largely complies with international and domestic standards relating to humane treatment of prisoners. However, the prison and Officers have not been optimally utilised as there was overstaffing and the staff had no equipment or tools to use. Accommodation, though ideal for human habitation and with a lot of privacy, was not being fully occupied. Similarly, Mlondolozi Prison largely complies with international and domestic standards governing adequate accommodation. The prison boasts of very good infrastructure. It was recently renovated and reconfigured by the International Committee of the Red Cross (ICRC). The living environment is very humane with no overcrowding. The smallest cell measures 5,4 square metres and had three inmates at the time of the visit. The cells are big enough and well ventilated with good lighting. Inmates had enough sleeping mats/beds with adequate bedding. The ablution facilities had all the amenities. Different categories of inmates live separately. One good example is of nursing mothers. They had their own cell. (ZACRO and the Forum, Harare Remand Prison Visit Report, 3). Whilst the prison infrastructure is in good shape, there is persistent shortage of basic necessities such as food, relish (protein), cooking oil and toiletries as well as detergents. This violates the prisoners’ right to live in conditions that are consistent with human dignity. Bindura Farm Prison also fared relatively well when it comes to the number of inmates as there was no overcrowding. The prison, which has a holding capacity of 80 inmates, had a total number of 67 inmates at the time of the visit (ZACRO and the Forum, Bindura Farm Prison Monitoring Visit Report, 1). However, it was unfortunate that there were no constructed cells and an undivided shade was used to house the 67 inmates. There were some holes in the roof of the shed and these would drip water in when there was heavy rainfall earlier in the year (2017). Four of the six flushing toilets were fully functional, but one of the toilets had to be flushed using a bucket as there was no direct supply of water to the toilet. Water supply for the toilets was erratic and this made it difficult for prisoners to use the flush toilets as and when they 23

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