4. Detention
The focus on detention was due to the oft-recorded association between detention and gross human
rights violations such as torture. Persons in detention are generally at a much greater risk of abuse
unless there are extremely strong safeguards in place governing the process of detaining people.
Indeed, there is a common misperception that torture can occur only in places of detention, but this
is not necessarily so, and there are many reports from Zimbabwe indicating torture taking place
outside detention. However, it is nonetheless well established that torture is more easily perpetrated
in places of detention, and most commonly in police stations.
Thus, the Human Rights Forum’s data were sorted according to whether or not the plaintiff had been
detained, and this gave a total of 93 cases (32%) out of the 291 cases overall. Significant differences
(see Table 27) were found for 1998, where most plaintiffs were not detained, and 2003, where there
was a significant trend for more people to have been detained. In 2003, most of these cases were
associated with Buhera, as mentioned above. Otherwise, there were no major differences over the
years.
Table 27
Cases involving detention
Not detained
(n = 198)
17.7%*
2.0%
1.0%
10.6%
11.1%
39.9%
13.6%
3.0%
1.0%
1998
1999
2000
2001
2002
2003
2004
2005
2006
Detained
(n = 93)
6.5%
1.1%
8.6%
4.3%
15.1%
47.3%
11.8%
4.3%
1.1%
*χ2 1998 (6.51; P = 0.025)
As can be seen from Table 28, detention was, unsurprisingly, associated with the ZRP: in cases
involving abuse during detention, the police, through their parent ministry, the Ministry of Home
Affairs, were the likely defendants. The Ministry of Defence was more likely to be a defendant in
cases where the abuse took place outside of a place of detention. The army has no powers of arrest
and detention but of the 57 cases of unlawful detention, 8 of these involved the army; during the
Food Riots, they set up camps at police stations, particularly in Chitungwiza, where they would
beat up people.
Table 28
Defendants cited in cases involving detention
Ministry of Home Affairs
Commissioner of Police
Ministry of Defence
Not detained
59.1%
56.6%
48.9%*
Detained
91.4%*
91.4%*
23.7%
*χ2: ZRP (35.61; P = 0.005); Defence (16.52; P = 0.005); Home Affairs (41.55; P = 0.005)
As regards the alleged perpetrators, Table 29 shows that the uniformed branch of the ZRP, the
CID, and the army were significantly the most common perpetrators, but the first two were more
associated with detention, as might be expected.
21
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