RIGHTS BEHIND BARS A Study of Prison Conditions In Zimbabwe 2018 4. INTERNATIONAL AND NATIONAL STANDARDS ON PRISONS AND CONDITIONS OF DETENTION This section examines the international and national standards on prisons and conditions of detention. The discussion follows the thematic areas identified above. 4.1. Pre-trial detention Pre-trial detention may only be permissible if undertaken in accordance with procedures established by law in a place of detention that has been authorised,9 and such detention must not be arbitrary.10 The right to be presumed innocent until proven guilty suggests that unconvicted detainees should be treated in a manner which is different to those that have been convicted. This right is provided for in several international human rights instruments11 and the Zimbabwean Constitution.12 Further, detention may only be permitted upon the written order of the competent authority.13 These rights are meant to promote every accused person’s right to a fair, speedy and public trial within a reasonable time before an independent and impartial court established by law as required by the Constitution. International instruments require that detained persons be brought promptly before a judge or other officer authorised by law to exercise judicial power and be tried within a reasonable period of time.14 All untried prisoners should be immediately informed of the reasons for their detention and the charges against them.15 At the municipal level, section 50(2)(b) of the Constitution provides that following arrest and detention, a person who is not released shall be brought before a court as soon as possible and, in any event, not more than 48 hours after the arrest or detention began.16 In S v Mukwakwa,17 where a suspect escaped from a police cell after more than 60 hours of detention, the court stated that the custody from which the accused had escaped was not lawful because he had been detained beyond the 48 hours stipulated by the law.18 However, the detention of the arrested person may also be extended if a warrant for his further detention is obtained from a court of law. The State should be required to advance reasons for the delays in bringing the matter to trial.19 A proper reason such as difficulties in locating a vital witness normally justifies an appropriate delay but again the delay should not be very long. 9 10 11 12 13 14 15 16 17 18 19 Robben Island Guidelines, para 23. Article 9 of the UDHR, article 9(1) of the ICCPR and article 6 of the ACHPR. See article 11 of the UDHR, article 7(1) of the ACHPR, Rule 111(2) of the Nelson Mandela Rules and Principle 36(1) of the Body of Principles. See section 70(1)(a) of the Constitution. Section 70(1)(b) and (c) of the Constitution and article 37 of the Body of Principles. See articles 9(3) of the ICCPR; Principles 37 and 38 of the Body of Principles Rule 84(2) of the Standard Minimum Rules and Rule 6(1) of the Tokyo Rules. Robben Island Guidelines, paragraph 25 and 26. See section 50(6) of the Constitution and section 32(2) of the Criminal Procedure and Evidence Act (Chapter 9:07). 1997 (2) ZLR 298 (H). S v Mukwakwa 1997 (2) ZLR 298 (H). See also R v Sambo 1964 ZLR 565 and Re Mlambo 1991 (2) ZLR 339 (S) at 344B-C. See Fikilini v Attorney General 1990 (1) ZLR 105 (S); S v Kusangaya 1998 (2) ZLR 10 (H); Re Masendeke 1992 (2) ZLR 5 (S) and S v Kusangaya 1998 (2) ZLR 10 (H). 15