12 create an extensive network of surveillance and spies who monitor the activities of a legitimate political opposition, civic organisations and accredited ambassadorial staff. The author has no qualms in publishing this abuse of state resources and obviously believes the surveillance activities, and the reports based on such surveillance, to be part and parcel of the mandate of the ZRP. A FINAL ADMISSION One further confession made in the report is worthy of specific consideration, and that is the cavalier approach to the use of firearms by the ZRP. The two cases involving injuries (and in one case a death) from firearms mentioned in the first report are both at the hands of the ZRP25. The United Nations Basic Principles on the Use of Force and Fire Arms by Law Enforcement Officials makes it clear that firearms should only be used as a last resort and when the circumstances so demand. In terms of section 42 of the Criminal Procedure and Evidence Act26 in Zimbabwe (in which the police should be well versed) only such force as is reasonably justifiable in the circumstances may be used, and deadly force must only be used where it is reasonably justified and the offence is a first schedule offence. Furthermore, the person or persons against whom the firearm is used must be aware that an attempt is being made to arrest them, must have attempted to resist the arrest or attempted to flee, and there must be no other means to affect the arrest or prevent the escape. Even in these circumstances, wherever possible, before using a firearm the police officer must give a verbal warning, fire a warning shot and only then may shoot at the suspect, but such shot should not be aimed to kill and should be directed at the legs of the suspect rather than at the suspect’s torso or head. On the ZRP’s own account27, the death of an MDC youth, Gift Tandare, occurred after warning shots had been fired and the ZRP officer was then simply directed to “shoot the ring leader”. The ZRP’s wanton use of firearms did not end there. When people gathered at the home of Gift Tandare in Glen View, police went to disperse the mourners and in the process shot two more activists, wounding both of them. Shortly thereafter, a police squad returned to Tandare’s home at night, and ordered mourners to lie down, before assaulting them with batons. One activist, who had been shot the night before, was shot again in the same arm and four others were wounded in the fresh onslaught. The desperate acts of the police to prevent the death of Gift Tandare from becoming a rallying point will be returned to below. 25 The death is that of Gift Tandare (p 16 of the first ZRP report), the injury appears at p17 of the same report. 26 Chapter 9:07 27 Page 16 of the first report.