advised ZHRC that there was another pending case involving complainant on the
allegations that together with other villagers she illegally demolished a church structure.
7.3 Interview with the Masvingo Area Public Prosecutor (APP)
The ZHRC paid a courtesy call on the Area Public Prosecutor and highlighted to him
complainant’s concerns regarding the case proceedings. The ZHRC advised that the
complainant was not clear about how the case was proceeding, and as such it was
advisable for the prosecution to explain to complainants the court procedures so that
they could know what to do when in Court. The ZHRC also highlighted the issue of
witnesses’ expenses, information which was not made available to state witnesses
resulting in them failing to travel to Court and being arrested for contempt of court when
they failed to attend Court. The Area Public Prosecutor advised that he would engage
the Judicial Services Commission to ensure that the witnesses’ expenses were
available. He further advised that he would remind the prosecutors to always advise
state witnesses of their entitlement to receive witnesses’ expenses.
8.
ANALYSIS OF VIOLATION OF HUMAN RIGHTS
The rights that the ZHRC found to have been violated are discussed and analysed in
detail below.
8.1
Rights of arrested and detained persons (Section 50 of the
Constitution of Zimbabwe).
According to the Constitution any person who is arrested must be treated
humanely and with respect for their inherent dignity.
In the present case,
complainant was physically, sexually, and emotionally abused by
Constable Dzimano in violation of this right.
9.
FINDINGS FROM INVESTIGATIONS
Based on the investigations conducted by the ZHRC and analysis of the
Constitution and the applicable law, the ZHRC made the following findings;
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