Unjustifiable And Unreasonable Denial Of Bail Contributes To Unnecessary Crowding In Prisons – ZHRC
By Desire Tshuma
Harare – Zimbabwe Human Rights Commission visited the Harare Remand Prison on 29 April 2025 to ascertain and verify facts following concerns over prolonged detention of inmates arrested for politically-sensitive cases which included journalist Blessed Mhlanga and the 94 detainees arrested in relation to 31 March 2025 protests.
The Zimbabwe Human Rights Commission team led by chairperson Ms Fungayi Jessie Majome managed to establish that many detainees including journalist Blessed Mhlanga faced excessive delays in their legal proceedings, raising serious concerns regarding their rights to a free trial.
“Inmates held in cases of political interests suffered prolonged pre-trial detention in violation of the right not to be detained without trial and to be released on bail unless there are compelling reasons justifying such detention,” Majome said.
She said during the Commission’s visit they established that some inmates’ rights to education and healthcare were violated. Blessed Mhlanga as a first year law student and another University of Zimbabwe Economics student were denied the opportunity to sit for their examinations while in custody .
As part of its mandate the ZHRC is allowed to visit inmates who are in remand prison and those alresdy convicted and serving their sentemces to monitor human rights adherence.
Furthermore the ZHRC established inhumane living conditions at Harare Remand Prison due to over crowding, numerous detainees raised allegations of police abuse during their arrests, including physical violence and theft of their personal belongings by police which includes their money and cell phones.
Some inmates are not able to communicate with their families due to the breakdown of Telone telephone facility at the prison which is violation of human rights, the Commission also noted that there were 66 irregular migrants of different nationalities whose detention was in violation of their rights as they were not facing any criminal charges and were not awaiting trial.
In light of the human rights abuse of the detainees, ZHRC urged the relevant authorities to take immediate action to prioritize urgent bail applications since bail is a right to be enjoyed by all, conduct thorough investigations into allegations of police misconduct and ensure accountability for any abuses.
Zimbabwe Human Rights Commission also urged the relevant authorities to improve prison conditions, reduce overcrowding and restore communication facilities and ensure access to medical care to all detainees and collaborate with the learning institutions to facilitate educational opportunities for inmates. They also advised the relevant authorities to desist from imprisonment of regular migrants whose issues should be handled without resorting to indefinite detention.
“Detainees reported to us about severe police brutality, abuse and torture during the arrest including beatings with batons, fists, boots and gun barrels. Many among 94 inmates who were allegedly arrested for 31 March protests were innocent members of the society who were doing errands in the CBD including a 66-year man who was coming from his rural areas visiting relatives in Harare.”
“Visible and swollen body parts were observed by ZHRC some of the inmates were reportedly stripped naked and searched, undermining their privacy and human dignity. The alleged torture, inhuman and degrading treatment is a violation of the provisions of section 53 of the constitution,” said Majome.
