Know your rights if you or someone is arrested

What you'll usually need

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• The full name of the person arrested, and the police station or place of arrest if you know it
• Phone numbers for family, a lawyer or the Legal Aid Directorate
• Your national ID if you go to the police station or court
• Money for a bail deposit, if police or a court grant bail

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Steps

1. Ask why you are being arrested. The police must tell you the reason at the time of arrest. They must give you information in a language you understand.
2. You can stay silent. You have the right to remain silent. The police must tell you this, and what can happen if you speak or stay silent. No one can force you to confess or admit anything.
3. Contact your family or a lawyer. The police must let you contact your spouse or partner, a relative, a lawyer or anyone else you choose. They must let you do this without delay, at the State's cost.
4. Ask for a lawyer and a doctor. You can talk in private with a lawyer and a doctor of your choice, at your own cost. If you can't afford a lawyer, the Legal Aid Directorate gives free help in criminal cases. In Harare, call Call 0242 797910.
5. Ask about police bail. When no magistrate is available, the police can release you on bail if you pay a deposit. The officer in charge of the station, or an officer of assistant inspector rank or above, can do this. Police cannot give bail for serious charges such as murder, rape, robbery or stock theft.
6. Remember the 48-hour rule. If you are not released, the police must bring you before a court as soon as possible, and no later than 48 hours after your arrest. The 48 hours include weekends and public holidays. If that doesn't happen, they must release you, unless a court has already extended your detention.
7. Ask for bail in court. At your first court appearance, you must be charged, told why you should stay in custody, or released. You are entitled to bail unless the court finds that keeping you in custody is in the interests of justice. If a magistrate refuses bail, you can appeal to the High Court at any time.
8. Families: find out where the person is held. Ask at the police station nearest to where they were arrested. You can also contact the ZRP National Complaints Desk on Call 0242 703631 or WhatsApp WhatsApp 0712 800 197. If you still can't find them, anyone can ask the High Court to order the authorities to say where the person is or to release them.
9. Complain about police abuse. Report it to the ZRP National Complaints Desk. You can also make a written complaint to the Zimbabwe Independent Complaints Commission (ZICC) within three years of what happened. ZICC staff must help you make the complaint for free.

Good to know

• The police must treat you humanely and with respect. Torture and cruel, inhuman or degrading treatment are banned.
• If your arrest or detention breaks these rules, it is illegal. You are entitled to compensation from whoever is responsible.
• If you can't afford a lawyer and you would otherwise suffer a serious injustice, the State must give you a lawyer at its own cost.
• A child under 18 can be released without bail into the care of a parent or guardian. The police or a magistrate can do this unless the child is accused of treason, murder or rape.
• If you break your bail conditions, for example by not coming to court, you can lose the bail money and be arrested again.
• If the person affected has died or can't act for themselves, a family member can complain to the ZICC for them. ZICC must acknowledge a complaint in writing within seven days and give it a reference number.
• Zimbabwe Lawyers for Human Rights (ZLHR), a non-profit lawyers' group, has given free legal help to people held in custody. Its hotlines are Harare Call 0772 257 247, Bulawayo Call 0773 855 635 and Mutare Call 0773 855 718.
• You can also complain about rights abuses to the Zimbabwe Human Rights Commission.