By Ronald Dhanda
THE United Nations (UN) Human Rights Committee has urged authorities to align pretrial detentions to international best practices, an end to judiciary interference among other rights related recommendations.
In a report published Tuesday, the Committee on Civil and Political Rights (CCPR), also known as the UN Human Rights Committee established a number of gaps after analyzing progress made by the Southern Africa nation in the implementation of the International Covenant on Civil and Political Rights (ICCPR) by its State Parties.
The recommendations coincide with a series of complaints raised by a number of arrested rights activists who believe that they faced unfair pretrial detentions.
“There is need to ensure that pretrial detention is reviewed in a prompt, thorough and impartial manner by the relevant judicial authorities, including through the effective implementation of the right to habeas corpus, and that anyone detained arbitrarily is released without conditions and is adequately compensated,” the experts report said.
The Committee expressed concerns about reports of threats, intimidation, and dismissal of judges who issue rulings that are unfavorable to the government. It raised concerns about the persistent shortage of judges, which contributes to significant delays in the administration of justice, particularly in high-profile cases related to human rights violations, and corruption.
“The State Party must take immediate steps to prevent and eradicate all threats, intimidations and other forms of undue influence on the judiciary by the executive branches of government and to ensure in law and in practice the full independence and impartiality of judges, including by adopting procedures for the selection, appointment, promotion, sanction and removal of judges that are transparent and impartial,” the organ’s report said in part.
While commending the measures taken by the State party to enhance judicial efficiency and reduce case backlogs through the rollout of the Integrated Electronic Case Management System and the decentralisation of the High Court, the Committee noted the barriers to accessing this system due to low smartphone and internet coverage, high data costs and digital literacy gaps, particularly in rural communities.
The report also challenged the State party to elucidate all cases of enforced disappearances and conduct impartial and thorough investigations without delay, ensuring that the victims and their relatives are informed of the progress and results of the investigation.
It called for the identification of those responsible and ensuring that they are prosecuted and, if convicted, punished with appropriate penalties that are commensurate with the gravity of their crimes and that victims of enforced disappearance and their families are provided with full reparation.
The experts said the government should allocate sufficient human and financial resources to the Zimbabwe Human Rights Commission to enable it to discharge its mandate effectively and independently, including plans to enhance its field presence in full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).
