CHAPTER 3
CHILDREN IN CELLS: ARRESTS AND
PRE-TRIAL DETENTION
“There can be no keener revelation of
a society’s soul than the way in
which it treats its children.”
Nelson Mandela, Former President of South Africa
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Although the Chief Justice in a statement said that 12
juveniles were released into the custody of either
their parents/guardians or social welfare officers on
their appearance in court, Justice for Children (JC)
recorded a total of 51 children who were arraigned
in the Magistrates Courts in Harare, Chitungwiza
and Bulawayo.
Several atrocities were committed against children
at the point of arrest, and the police emerged to be
the primary violators of the rights of children.
Once arrested, no proper screening processes were
followed by the members of the ZRP.
Children were assaulted and beaten by soldiers in
residential areas, and by police at the point of arrest.
Children were detained at police stations in Harare,
Chitungwiza and Bulawayo in unlawful and
avoidable pre-trial detentions.
3.1 Arrest of Children in January 2019
Following the #ZimShutDown protests, massive arrests
followed. A number of children were arrested for allegedly
participating in looting, acts of arson and erecting barricades,
among other activities. Although arrests for public violence
were made across the country, known cases of children who
were arrested were only recorded in Harare, Chitungwiza,
Macheke and Bulawayo. Arrests primarily took the form of
dragnet arrests; groups were arrested for being caught in
assembly, and people on the streets were arrested, and more
disturbingly, people in areas such as Epworth and
Chitungwiza were dragged from their houses at night by the
police and armed soldiers, and were arrested. The latter was
in respect of males. These arrests were indiscriminate, in the
sense that children were arrested in the process. Arrests
started on the first day of the protests, and continued well into
the end of January. The number of children arrested was
gradually increasing over that
period. All who were arrested were
charged with committing public
violence as defined in section 36 of
the Criminal Law (Codification and
Reform) Act [Chapter 9:23].
Bulawayo was the exception, with
the police preferring the additional
or alternative charges of looting and
theft.
The then Zimbabwean Republic
Police (ZRP) Chief Spokesperson
Senior Assistant Commissioner
Charity Charamba on 24 January
2019 confirmed that the police had
arrested children involved in the
16 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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