Judgment No. CCZ 9/2015 2
Const. Application No. CCZ 287/11
Court to deal with the various issues raised. On a date that is unclear on the record but
in May 2011, the applicants, without giving notice to the prosecution, applied to the
magistrate for the matter to be referred to the Supreme Court in terms of s 24 (2) of the
former Constitution of Zimbabwe. They tendered a written application in which they
chronicled various violations of their constitutional rights at the instance of the State
and other persons.
[4]
In the application, the applicants raised the following issues:
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Whether or not the manner of their arrest violated their right to liberty
protected by s 13(1) of the former Constitution.
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Whether or not the failure by the police to apprehend the persons who had
abducted, tortured and assaulted them violated their right to the protection
of the law enshrined in s 18 (1).
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Whether or not the discretion to arrest bestowed upon the police was not
improperly exercised.
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Whether or not the assaults, perpetrated upon them, as well as the
subsequent torture and denial of medical attention, constituted inhuman
and degrading treatment.
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Whether or not the failure by the State to cause investigations to be carried
out into these complaints violated their rights under s 18 (1) and 18 (1) (a)
of the Constitution.
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Whether or not their detention at Nyamaropa and Nyanga Police Stations
was under conditions that constituted inhuman and degrading treatment.
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Whether or not s 121 (3) of the Criminal Procedure and Evidence Act
[Chapter 9:07], which provides that a person who has been granted bail
by a court shall remain in custody for a period of up to 7 days once the