4.2 Violations pertaining to access to justice Rights violations involving prison and places of detention, selective application of the law, unfair trial, and limited access to justice. 4.2.1 Violation of prisoners’ rights Violations of stated inmate human rights and privileges in prisons, by service providers. Policy In line with the provisions of section 99 of the constitution, the mission of the Zimbabwe Prison Service is to protect society from the criminal elements through the incarceration and rehabilita­ tion of offenders for their successful re-integration into society while exercising reasonable, safe, secure and humane control. Nature of violations Service provision did not respect the rights and privileges of inmates. Prison conditions were harsh and life-threatening, with obsolete infrastructure, overcrowding and poor sanitary conditions. Overcrowding aggravated outbreaks of cholera, diarrhoea, measles, tuberculosis, and HIV/AIDSrelated illnesses. Food, blankets, sanitary facilities and medical treatment were inadequate. Approximately 300 juveniles, the majority in pre-trial detention, were in prison facilities, some in the same prison cells as adult offenders and being vulnerable to physical and sexual abuse. Incarcerated mothers had no facilities to care and provide for their neonates and infants adequately in prison. Women also did not have access to sanitary towels from the ZPS, resulting in their use of rudimentary, contaminating material being used as substitutes. The ZPS used ‘logistical constraints’ as an excuse to justify their failure to take remand prisoners to court and/or to remand them for long periods. In Bulawayo 400 prisoners and detainees experienced prolonged detention at Khami Remand Prison. Prison guards were also allegedly beating and abusing prisoners. Case history • Three orphaned juveniles incarcerated in Marondera, Mashonaland East province, had their rights and safeguards – as provided for in the criminal justice system, as well as under various international standards and norms – totally ignored. One of the juveniles, continuously remanded in absentia for over six months in adult sections where he was abused, conducted his own defence without the assistance of a guardian or courtappointed probation officer as required by law. The second had languished in remand prison for three months because the public prosecutor had not complied with a court order to find a probation officer to investigate his personal circumstances. The third was remanded in custody because the prosecution wanted to see a birth certificate which he could not collect while he was incarcerated. 14 Zimbabwe Human Rights Report – 2009