Practice Relating to Rule 87
Section D. Persons deprived of their liberty
Zimbabwe’s Code of Conduct for Combatants (1993), under the heading “Enemy prisoners”, states: “Treat them humanely.”
Zimbabwe’s Constitution (2013) states:
Chapter 4 – Declaration of Rights
50. Rights of arrested and detained persons
(1) Any person who is arrested
(c) must be treated humanely and with respect for their inherent dignity;
51. Right to human dignity
Every person has inherent dignity in their private and public life, and the right to have that dignity respected and protected.
86. Limitation of rights and freedoms
(3) No law may limit the following rights enshrined in this Chapter, and no person may violate them –
(b) the right to human dignity
87. Limitations during public emergency
(1) In addition to the limitations permitted by section 86, the fundamental rights and freedoms set out in this Chapter may be further limited by a written law providing for measures to deal with situations arising during a period of public emergency, but only to the extent permitted by this section and the Second Schedule.
(4) No law that provides for a declaration of a state of emergency, and no legislative or other measure taken in consequence of such a declaration may –
(a) indemnify, or permit or authorise an indemnity for, the State or any institution or agency of the government at any level, or any other person, in respect of any unlawful act; or
(b) limit any of the rights referred to in section 86(3), or authorise or permit any of those rights to be violated.
In its attached Second Schedule on Limitations on Rights During Public Emergencies, the Constitution also states:
1. In this Schedule –
“detainee” means a person who is detained under an emergency law that provides for preventive detention;
“emergency law” means a written law that provides for action to be taken to deal with any situation arising during a period of public emergency;
Extent to which fundamental human rights or freedoms may be limited
2. (1) An emergency law may limit any of the fundamental human rights or freedoms, but only to the extent set out in section 87.
Basic rights of detainees
4. (1) All detainees –
(c) must be treated humanely and with respect for their inherent dignity as human beings.