accused. When the magistrate ruled in favor of granting bail, Mpofu invoked section 121 of the CPEA and the accused were sent on remand to Chikurubi prison.70 Several magistrates interviewed by Human Rights Watch cited this policy and indicated that the intention was to punish an accused as a deterrent measure.71 For instance, on April 22, 2008, Harare magistrate Gloria Takundwa said, when denying bail to an MDC activist facing political violence charges: The Court is of the view that it is not in the interest of justice to admit the accused to bail. The situation in the country at the moment is very volatile. While the presumption of innocence operates in favor of the accused it is necessary though unfortunate that those who are brought on allegations of such public violence be kept in custody to sound a warning… Bail is thus denied.72 70 Report by Legal Practitioners acting for WOZA, report reviewed August 25, 2008. 71 For instance, several rulings in available documents where bail is denied, magistrates have made reference to this policy as authority for their decisions. 72 See State vs. Ranganai Dzinchito (CRB 2796/2008). 23 Human Rights Watch November 2008

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