RIGHTS BEHIND BARS
A Study of Prison Conditions In Zimbabwe 2018
training and work while in detention facilities, it became important for the Forum to look to standard
minimum rules and guidelines for purposes of determining what exactly should be done for detainees
in areas that are not regulated by such ‘hard law’ as international treaties, the Constitution and the
Prisons Act. Whilst these rules, principles and guidelines are not necessarily authoritative in the domestic
landscape, they serve as persuasive authority for cementing particular detainee friendly approaches to
criminal justice and provide a useful basis upon which to critique domestic shortcomings in addressing
the rights of prisoners and detainees. Therefore, they remain useful in supporting suggestions on how
to address current legislative, interpretive and policy gaps at the national level.
Apart from identifying the obligations imposed on the State by international standards, this study also
sought to explore conditions of detention as they obtain in Zimbabwean prisons. This required an empirical
approach to the research and it became necessary for the Forum to carry out prison monitoring visits
to assess the situation on the ground. The central aim was to determine whether the conditions that
obtain in the prisons are consistent with the international and domestic standards that are provided for
in international instruments, the Constitution and the Prisons Act. To make this determination, the Forum,
in conjunction with ZACRO carried out prison monitoring visits at seven (7) correctional or custodial
facilities representing different types of prisons in the country.
There were slight variations on who had to be interviewed; especially owing to the fact that the correctional
facilities that were visited have different focus areas. Nonetheless, ZACRO and the Forum took all steps
necessary to interview relevant persons at each institution. The relevance of the persons interviewed
was determined by the thematic areas of the study and the strategic positioning of the interviewee in
the prison administration. The key personnel in the relevant departments responsible for the thematic
areas of study and some of the inmates were interviewed. Apart from having in-depth interviews with
the Officer in Charges of every correctional institution, ZACRO and the Forum interviewed key personnel
such as officials in the departments responsible for health, workshops; kitchens; schools; farms and
many more.
All ethical issues relating to informed consent by research subjects and the fact that they could withdraw
from the research at any time they wished to do so, were fully explained to participants before the
interviews started. In addition, issues concerning the non-disclosure of information obtained from them
to third parties were also explained. The information obtained from correctional officers and prisoners
was supplemented by first hand information obtained from the inspection of the prisons. Together, the
information gathered from interviewees and from the inspections of the prisons then enabled the Forum
to assess the country’s compliance with international and national normative standards.
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EGAP
Select target paragraph3
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