THE Zimbabwe Prisons and Correctional Services (ZPCS) which
has not been spared by the Covid-19 scourge, does not discriminate against any
inmate but will take appropriate measures that include cutting visits to
prisons of families and transfer of prisoners when it is necessary.
This comes as lawyers representing political activist
Hopewell Chin’ono and leader of Transform Zimbabwe Jacob Ngarivhume have been
falsely claiming that their clients are being discriminated as they await trial
on charges of inciting public violence.
The duo’s lawyers, notably Ms Beatrice Mtetwa and the
Zimbabwe Lawyers for Human Rights (ZLHR) have been casting aspersions on the
correctional services after Chin’ono and Ngarivhume were transferred to
Chikurubi Maximum Security Prison, going as far as claiming that their clients
could be poisoned. Ms Mtetwa, who was last week censured by High Court judge
Justice Chitapi after she had written a letter attacking a magistrate, is now
targeting the ZPCS.
Justice Chitapi reminded Ms Mtetwa that as a law officer
she should not assume the role of an activist since there are various remedies
which she can always rely on if aggrieved by court outcomes.
However, Ms Mtetwa is now seeking prison standing rules and
orders to be altered to suit her client.
This time around, the ZLHR is claiming that Chin’ono and
Ngarivhume, who wanted to lead subversive demonstrations on July 31 that were
thwarted by alert authorities, are being discriminated while they await trial
in remand prison.
ZPCS spokesperson Supt Meya Khanyezi said the Commissioner
General of Prisons, is allowed under the country’s laws to transfer or make
standing orders without consulting legal representatives of inmates.
“The Commissioner General is empowered to make standing
orders and it is in terms of these standing orders that certain categories of
prisoners can only have visitors within sight and hearing of prison officers.
Transfer of inmates from one prison to another is entirely an administrative
issue. ZPCS is not obligated to inform an inmate’s lawyers,” he said.
According to the Commissioner General Standing Order, Part
VII Visits and Communication Section 140 (6), “Unless specifically authorised
by the Commissioner General, all visits by a legal practitioner shall be in the
presence and hearing of an officer who understands the language used and it
shall be a condition of the visit that the legal practitioner may only discuss
matters arising from his employment as legal representative of the detainee.
In view of the spiking cases of the Covid-19 pandemic and
the portent threat it poses in prisons where maintaining social distance is
difficult, the ZPCS has also taken measures to minimise contact between inmates
and the outside world.
Since the outbreak of the vicious Covid-19 pandemic, that has
forced the Government to close essentials as schools, and limit travelling,
ZPCS has also ceased in-person visiting of prisoners for the safety of staff,
prisoners and the public.
“The decision to suspend the visits was taken with the
interest of offenders at heart. It is not a punitive measure but a temporary
preventive action meant to ensure that the incarcerated are protected from the
Covid-19 pandemic that has affected and killed a number of people worldwide.
Although we have recorded cases in Beitbridge, Plumtree, Masvingo, Whawha and
Bulawayo we have since put measures to curb the continuous spread of the
disease in our prisons.
“This was not a decision we arrived at lightly, as we
understand and recognise the importance of family contact with the prison
population. Our primary concern has to be public safety and reducing the number
of people who enter our facilities is a key factor in limiting the potential
spread of this illness into our prisoner population. The department will
continue to monitor the situation to determine when visits will be restored,”
said Supt Khanyezi.
He said since convicted prisoners and persons on remand are
held in a high-risk environment as facilities are not adapted to face
large-scale epidemics, it is important to minimize visits.
“As ZPCS we also ensure that during the Covid-19 pandemic
the human rights of all those who remain in detention are upheld while taking
the specific needs of the most vulnerable detainees, persons with disabilities,
pregnant women and juvenile detainees into account. Any restrictions imposed on
detainees should be non-discriminatory, necessary, proportionate, time-limited
and transparent”.
While Ms Mtetwa has sought to attack the justice delivery
chain, the country’s Correctional Services facilities are administered under
the country’s laws and also follow the United Nations Standard Minimum Rules
for Treatment of Offenders regardless of the person societal standing or
connection.
Both Ngarivhume and Chin’ono are being treated just as any
other intimates, the prisons spokesperson said. Herald
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