THE STATE OF HUMAN RIGHTS REPORT |ZIMBABWE I 2017 In 2017 the Forum documented a total of 52 cases of arbitrary arrests and detention. Arbitrary detention arrest and to section 24 of POSA members of the public who intend to hold a public meeting must only notify police ahead of time about the public meeting. However, in practice, the police authorities insist those who wish to hold public meetings, gatherings or demonstrations must obtain police permission. This permission is often denied on flimsy grounds such as short notice period, non-availability of police escort in the case of a demonstration. Those who go ahead are often arrested for proceeding without police permission. Arbitrary arrest and detention were used as tools of intimidation and harassment. Arbitrary arrests and detentions were used to target human rights defenders, political activists and members of the opposition political parties. The police often abuse section 24 of the Public Order and Security Act (POSA) to justify arrests of citizens exercising their right to demonstrate and petition, freedom of expression, association and assembly. According Specific Cases On 24 September 2017, Pastor Evan Mawarire was arrested over allegations of attempting to overthrow a constitutionally elected government as defined in Section 22 of the Criminal Law (Codification and Reform) Act. Mawarire was arrested during a church service at His Generation Church following a video he circulated on social media on 23 September 2017 over the country’s worsening economic crisis. He however, was set free on 26 September 2017 after Magistrate Singano ruled that the State had violated his rights by failing to bring him to appear before the court within 48 hours as enshrined in Section 50 (2) (b) of the Constitution. 11 On 28 October 2017, Fadzai Mahere an aspiring independent Member of Parliament for Mt Pleasant was arrested at a Shanduko soccer tournament she had organised at Groombridge Primary School. The tournament was part of her campaign for the 2018 elections. She was detained at Harare Central police station and was charged under the POSA. 12 On 10 November 2017, a young woman (foreign national) was arrested in Mutare after attending a commemoration of human rights atrocities that were perpetrated by members of security forces in Chiadzwa, Marange diamond fields. She was interrogated and detained under filthy conditions and later released. 13 On 31 December 2017, eight activists from the Mthwakazi Republic Party were arrested, illegally detained for five hours and tortured at Bred military barracks following a peaceful demonstration for justice, truth, healing and reconciliation during a prayer meeting held at Zimbabwe International Trade Fair (ZITF) in Bulawayo. The youths were later handed over to the police where they were detained for more than 48 hours and released without any charges. 14 The Zimbabwe Human Rights NGO Forum, Monthly Political and Human Rights Violations Report September 2017, http://www.hrforumzim.org/publications/ 12 The Zimbabwe Human Rights NGO Forum, Monthly Political and Human Rights Violations Report October 2017, http://www.hrforumzim.org/publications/ 13 Counselling Services Unit, Monthly Political Violence Update, November 2017, Unpublished Report. 14 The Zimbabwe Human Rights NGO Forum, Monthly Political and Human Rights Violations Report, December 2017, available on http://www.hrforumzim.org/publications/ 11 21