RIGHTS BEHIND BARS
A Study of Prison Conditions In Zimbabwe 2018
municipalities.
The right to health care services is recognised in the Zimbabwean Constitution as well several international
instruments to which Zimbabwe is a party. At the practical level, the majority of Prisons are provided
with and never ran out of anti-retroviral drugs for the treatment of HIV/AIDS inmates. However, health
infrastructure proved to be a challenge at many institutions and patients were treated in make-shift
rooms with no privacy and adequate facilities for the storage of medication. The shortage of trained
medical staff at many prisons clinics compromises the quality of the care that is given to prisoners and it
is important for the State to provide the much needed resident health care professionals. Generally it has
been observed that Prisons comply with the obligation to take the necessary measures to protect the
health of prisoners and to ensure that they receive medical attention when they are sick as required by
international and domestic standards. However, the quality of service provided by non-resident doctors
and nurses who make ad hoc visits is of a lower standard due to the limited time available than the
service that could be provided by resident doctors and nurses. Apart from the need to provide support
services to medical staff and prisoners, the State should always provide protective clothing to health
care staff and prioritise clinics that provide treatment to vulnerable detainees; these include mental
health patients, persons with disabilities, child offenders and the like.
It is worth noting that the Constitution and international instruments adequately protect detainees’
rights to education, vocational training and work. The absence of educational programmes and learning
facilities at custodial institutions violates detainees’ and prisoners’ right to education. It prevents
intellectual development and, in the case of sentenced prisoners, it makes full integration upon release
impossible. Furthermore, there were very few teachers in light of the number of inmates and resources
were very scarce. Accordingly, the government should take all appropriate measures to ensure access
to education by all children of compulsory school going age and to encourage all prisoners to take part
in educational and vocational training programmes.
There are specific guarantees conferred only upon juveniles in detention. Both the Constitution and
international instruments provide for the right of every accused juvenile person to be separated from
adults during pre-trial and post conviction detention. This has been achieved by establishing separate
prisons for young offenders and setting up of juvenile sections in adult prisons. On this issue, the
government has largely complied with its international and domestic legal obligation to ensure that
young offenders are kept separately from detained persons over the age of 18 years. However, the
establishment of separate institutions or sections for youth offenders is not of itself sufficient for the
State to comply with international and domestic law. These institutions should be child-friendly and
staffed by well-trained and child friendly officials. Unfortunately, anecdotal evidence demonstrated that
notwithstanding the unique nature of young offenders’ prisons, such institutions operated like any other
prison, with no special safeguards for the young inmates.
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EGAP