Chiba, Miriam (2014) An Assessment of the Compliance of the Conditions for Female Suspects held in Custody in Police Stations in Harare with the 2013 Zimbabwe Constitution. Masters thesis, University of Zimbabwe.
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Abstract
For many years there has been an oversight in the academic discourse on the detention conditions for female suspects in police cells and how they are treated by police officers. It is important to note that these female suspects in police cells retain certain rights despite the deprivation of their liberty. Following the inception of Zimbabwe’s new Constitution, this study seeks to assess the compliance of the conditions for female offenders held in police custody in police stations in Harare. The million dollar question to be answered throughout the research is whether Zimbabwe Republic Police (ZRP) officers as the enforcers and upholders of the law1 are complying with the provisions of the law particularly section 50(5) (d) which provides for conditions of detention that are consistent with human dignity. Various methodological approaches that informed this study are women’s law approach, grounded theory, human rights approach and actors and structures. These assisted in interrogating and analysing the law as it relates to women’s lived realities. With the methodological framework in mind, I then employed various methods of data collection to solicit and gather relevant information about conditions of detention in police cells. These include key informant interviews, focus group discussion, observation, one on one interviews and questionnaires. The methodological framework and methods used were very useful in achieving the desired aim. Generally women suspects constitute a small percentage of those who are detained in police cells. Because of their invisibility they are completely neglected in the Criminal Justice System particularly in police cells not only by the officials but the law has also neglected them. Women detained in police cells are denied of the basic needs of life which includes adequate accommodation, ablution facilities, personal hygiene, nutrition and medical treatment as provided in section 50(5)(d) of the constitution. The sordid conditions they are exposed to are degrading and distressing to women suspects. The law has neglected women in police custody as it does not specifically address their needs separately. Section 50(5)(d) of Zimbabwe Constitution is gender blind as it has general provisions which relate to both men and women not withstanding their differences in sex and gender. Women suspects in police cells are accommodated as an afterthought as such they are confined in “no woman’s land.” Men and women in police cells are exposed to similar sordid conditions but because of their sex differences they are affected differently hence need for special treatment. There is lack of facilities to accommodate and provide for menstruating women, pregnant and breast feeding mothers. To make matters worse, many police officers do not respond to the needs of female suspects whilst in their custody. Due to the stereotypical conceptions about a “good woman” those who do not conform to these stereotypes are viewed as “bad women” and are badly treated by the law enforcement agencies and these are sex workers, women who commit serious offences and gays and lesbians. These people are viewed and treated as second class citizens and they suffer multiple discriminations perpetrated by police officers whilst in police custody. This is exacerbated by the state’s criminalisation of sex work and homosexuality in Zimbabwe. The study found that despite Zimbabwe’s strong legislative framework that protects women detainee’s rights, gaps continue to exist when it comes to implementation of the relevant law. There is a remarkable gap between what our national law provides and women detainees’ lived realities. Full and proper implementation of the law is being hindered by different factors which include lack of adequate resources, corruption, restricted access to the organisation, and instructions given by the superiors. A progressive Section 50 (5) (d) is a good sleeping provision in the constitution since it is not being fully implemented to achieve the intended purpose. Zimbabwe is a party to various international instruments that prohibit inhuman or degrading treatment or punishments. However, the findings have shown that Zimbabwe falls short of the human rights standards enshrined in the regional and international instruments to which Zimbabwe is a party to and is duty bound to ensure that detainees’ rights are respected. The government is the primary duty bearer and it should ensure that it fulfils its obligation to fulfil, promote and protect detainees’ rights as guaranteed in sec 50 (5) (d) of the Constitution and other relevant international instruments. Zimbabwe has a very progressive law on paper but the problem is lack of implementation. Full implementation can however be practicable if the organisation is adequately funded.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Geoffrey Obatsa |
| Date Deposited: | 09 Jan 2018 09:02 |
| Last Modified: | 09 Jan 2018 09:02 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/3045 |
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