6. APPLICABLE LAW 6.1 The Constitution of Zimbabwe Amendment (No.20) Act 2013 The complaint before the ZHRC is that the rights of arrested and detained persons, freedom from torture, cruel, inhuman or degrading treatment or punishment were violated by the Zimbabwe Republic Police. The Constitution of Zimbabwe is the supreme law of the land and the following provisions are key: 6.1.1 Section 49 (1) (b) which provides that “Every person has the right to personal liberty, which includes the right not to be deprived of their liberty arbitrarily or without just cause.” 6.1.2 Section 50 (1) (c) states that, “Any person who is arrested must be treated humanely and with respect for their inherent dignity.” Recognition to respect fundamental human rights and freedoms of the people is one of the cornerstones of Zimbabwe’s founding values and principles as enshrined in Section 3 (1) (c) of the Constitution. 6.1.3 Section 53 provides that “no person may be subjected to physical or psychological torture or cruel, inhuman or degrading treatment or punishment”. This section is one of the most essential rights particularly in the context of the present complaint. 6.1.4 Section 70 (1) (a) which provides that any person accused of an offence has the right to be presumed innocent until proved guilty. 6.2 National Legislation 6.2.1 The Criminal Law (Codification and Reform) Act [Chapter 9:23] Section 93 (1) (a) which provides that any person who deprives an adult of his or her freedom of bodily movement, intending to cause such deprivation or realizing that there is a real risk or Page 7 of 13