DID YOU KNOW?

RIGHTS OF AN ARRESTED PERSON IN ZIMBABWE

Many people are unaware that being arrested does not mean you lose your basic rights. The Constitution of Zimbabwe protects every arrested person and here are some important rights you should know:

1. The right to be informed of the reason for your arrest

At the time of arrest the arresting officer must tell you, in a language that you understand, the reason you are being arrested.

2. The right to remain silent

You have a right to be advised that you have a right to remain silent and the consequences of remaining silent or making a statement. In other words, anything you say may be used against you in court. You have a right to demand that any statements made by you be made in the presence of a legal practitioner.

3. The right to legal representation

You have the right to contact your legal practitioner of choice at the state’s expense upon your arrest. However, as a matter of practice, this seldom occurs, chiefly due to limited resources and lack of awareness on the part of arrested persons regarding their rights.

You have a right, at your own expense, to consult in private with such legal practitioner and to be represented by the legal practitioner.

4. The right to contact

Upon arrest you have the right, at the expense of the State, to contact a spouse, partner, relative or anyone else of your choice. Similarly, due to limited resources and lack of awareness, this right is seldom realized in practice.

5. The right to be brought before a Court promptly

An arrested person must be brought before a court of law within 48 hours of the arrest, irrespective of whether or not the 48 hour period elapses on a weekend or public holiday. Any arrested person who is not brought to court within the stipulated 48 hours must be released immediately unless their continued detention has been sanctioned by a competent court.

6. The right to bail

You have a right to be released on bail either unconditionally or with reasonable conditions pending a charge or trial. However compelling reasons like the gravity of the offence may justify refusal of bail and your continued detention in Remand Prison.

It is important to remember that an arrest is not a conviction, you are presumed innocent until proven guilty at trial. Knowing your rights is the first step to protect them!