Angola

Section 1. Respect for the Integrity of the Person, Including Freedom from:

The government or its agents committed arbitrary or unlawful killings. The national police and Angolan Armed Forces (FAA) have internal mechanisms to investigate security force abuses, and the government provided some training to reform the security forces.

Several killings occurred after the government enacted measures to combat COVID-19, referred to by presidential decree as the “state of emergency” in May and “state of calamity” in June, which required police and the armed forces to guarantee compliance with measures including wearing masks, physical distancing, and restrictions on citizens’ movements. Credible reports between May and July documented that security forces killed at least seven persons while enforcing COVID-19 restrictions.

On August 22, a team of police officers and Angolan army soldiers approached a group of young men in Zango 3, in the Viana municipality of the capital of Luanda, for failure to wear masks. One of the young men tried to escape to his home 30 feet away, and a soldier shot him in the back and killed him. According to the Luanda Provincial Command, the Criminal Investigation Service and the Military Judiciary detained the soldier and summoned the team to provide testimony regarding the shooting.

On September 1, pediatric doctor Silvio Dala died while in police custody after his arrest for driving his car without wearing a face mask. According to police, Dala was driving alone when stopped by police and taken to a police station where he fainted and hit his head. Police stated the trauma from the fall caused extensive bleeding and Dala died en route to the hospital. The autopsy concluded that Dala died of natural causes.

Police declared Dala was arrested because he violated the requirement to wear a face mask inside vehicles and because the police wanted to ensure Dala would pay a token fine at the site of his arrest. The Angolan Medical Union, several members of parliament, and numerous social media postings objected to the official police version of Dala’s death. The subsequent public outcry after Dala’s death contributed to the government ending the requirement to wear face masks inside vehicles when the driver is alone.

On November 11, during a protest in Luanda to demand better living conditions and local elections, Inocencio de Matos, age 26, was killed when police attempted to disperse demonstrators. Police took him to the hospital where he was treated by a medical team but subsequently died. Witnesses said that police shot and killed him. According to the autopsy report, he died of “physical aggression with a nonspecified object.”

There were no reports of disappearances by or on behalf of government authorities.

The constitution and law prohibit all forms of torture and cruel, inhuman, or degrading treatment or punishment, but the government did not always enforce these prohibitions.

Periodic reports continued of beatings and other abuses both on the way to and inside police stations during interrogations. The government acknowledged that at times members of the security forces used excessive force when apprehending individuals. Police authorities openly condemned some acts of violence or excessive force against individuals and asked that victims report abuses to the national police or the Office of the Public Defender (Ombudsman).

Several reports indicated that police used excessive force to enforce the state of emergency implemented to combat COVID-19. On March 30, a video shared widely on social media showed police beating several men with nightsticks while the men laid prostrate on the ground inside a police station.

On October 24, a peaceful demonstration against the government demanding employment and local elections was violently repressed with several persons injured, 103 persons detained on charges of disobedience, and unsubstantiated reports of two persons killed. According to one human rights lawyer, Salvador Freire, some of the detainees, in particular the organizers of the demonstration, were subjected to harsh and violent treatment while in custody.

Prison and detention center conditions were harsh and life threatening due to overcrowding, a lack of medical care, corruption, and violence.

Physical Conditions: The director of the Institutional and Press Communication Office of the Ministry of Interior, Waldemar Jose, said the country’s 40 prisons are overcrowded. Prisons have a total capacity for 21,000 inmates but hold more than 26,000 inmates, with half of those inmates held in pretrial detention. Jose said the prison system holds an excessive number of prisoners in pretrial detention due to a backlog of criminal cases in the court system.

Authorities frequently held pretrial detainees with sentenced inmates. Authorities also held short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons. Inmates who were unable to pay court-ordered fines remained in prison after completing their sentence or while awaiting release warrants issued by higher courts. Many prisoners were held in pretrial detention longer than permitted under law, which ranges from four to 14 months depending on the severity and complexity of the alleged crime.

On June 23, a sub-attorney general said that in Malanje province, many criminal files sit on judges’ desks awaiting a court hearing, while higher court judges delay issuing a release warrant, leading to overcrowding in local prisons.

The director of Luzia jail in Saurimo in Lunda Sul province, said the jail held two inmates in pretrial detention for more than five years. The jail also held many prisoners who had served their sentence and awaited a release warrant.

Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and had better rehabilitation, training, and reintegration services. There were no reports of cases of deaths in prisons related to the physical conditions of jails. Prisons did not always provide adequate medical care, sanitation, potable water, or food, and it was customary for families to bring food to prisoners. Local nongovernmental organizations (NGOs) stated prison services were insufficient.

One human rights lawyer described the conditions at the Cabinda civil jail, where three of his constituents are in pretrial detention, as terrible. He said prisoners had no potable water for drinking or bathing; prisoners defecated in the same location where they ate; eight inmates shared a single cell, and others were obliged to sleep in the corridors. There was no social distancing to prevent the spread of COVID-19.

Administration: The government investigated and monitored prison and detention center conditions. Some offenders, including violent offenders, reported paying fines and bribes to secure their freedom, but it was unclear how prevalent this practice was.

Independent Monitoring: The government permitted visits to prisons by independent local and international human rights observers and foreign diplomats. Nevertheless, civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons by impeding their ability to enter the prisons.

Members of opposition parties visited prisons around the country on a regular basis and reported uneven improvements in living conditions and rehabilitation programs. According to the Ministry of Justice and Human Rights, ministry representatives made monthly visits to detention centers with representatives of the Office of the Public Defender, the Attorney General’s Office (PGR), and members of the National Assembly to assess prisoners’ living conditions. Members of the National Assembly conducted independent visits to prisons. On February 27, parliamentarians visited the Peu-Peu jail in Cunene province.

Improvements: Following the “state of emergency” for COVID-19 that took effect on March 27, the PGR released approximately 1,000 detainees held in pretrial detention who did not present a danger to the community. The PGR said the release was conducted to improve prison conditions that had deteriorated due to the overcrowding of inmates in the prison system.

The law prohibits arbitrary arrest and detention; however, security forces did not always respect these prohibitions. The constitution provides the right of habeas corpus to citizens to challenge their detention before a court.

According to several NGO and civil society sources, police arbitrarily arrested individuals without due process and routinely detained persons who participated, or were about to participate, in antigovernment protests, although the constitution protects the right to protest. While they often released detainees after a few hours, police at times charged them with crimes.

The law requires a magistrate or judge to issue a warrant before an arrest may be made, although a person caught committing an offense may be arrested immediately without a warrant. Authorities, however, did not always procure warrants before making an arrest.

By law, prosecutors must inform detainees of the legal basis for their detention within 48 hours. NGO sources reported authorities often did not respect the law. If prosecutors are unable to determine whether there is a legal basis for the detention within 48 hours, prosecutors have the authority to release the person from detention. Depending on the seriousness of the case, prosecutors may require the detained person to submit to one or more pretrial procedures prescribed by law, such as posting bail, periodic appearance before authorities, or house arrest.

If prosecutors determine a legal basis exists for the detention, a detained person may be held in pretrial detention for up to four months without charge and up to 12 months before a judge is required to rule on the case. Cases of special complexity regarding crimes for which conviction is punishable by eight or more years allow for pretrial detention without charge for up to six months, and up to 14 months before a judge is required to rule on the case. By law the period of pretrial detention counts as time served in fulfillment of a sentence of imprisonment.

The law states that all detainees have the right to a lawyer, either chosen by them or appointed by the government on a pro bono basis. The lack of lawyers in certain provinces at times impeded the right to a lawyer. There was an insufficient number to handle the volume of criminal cases, and the geographical distribution of lawyers was a problem, since most lawyers were concentrated in Luanda. Lawyers and NGOs noted that even in Luanda, most poor defendants did not have access to lawyers during their first appearance before a judicial authority or during their trial. When a lawyer is unavailable, a judge may appoint a clerk of the court to represent the defendant, but clerks of the court often lacked the necessary training to provide an adequate defense.

A functioning but ineffective bail system, widely used for minor crimes, existed. Prisoners and their families reported that prison officials demanded bribes to release prisoners.

The law allows family members prompt access to detainees, but prison officials occasionally ignored this right or made it conditional upon payment of a bribe. The law requires detainees be held incommunicado for up to 48 hours until being presented to a public prosecutor, except they may communicate with their lawyer or a family member.

On March 27, prison authorities suspended all visits to detainees and inmates due to the “state of emergency” for COVID-19. Prison officials allowed lawyers to visit clients and allowed relatives to receive information about family members in custody. The suspension of visits continued through May 25 when the subsequent “state of calamity” entered into force. Presidential Decree 142/20 published on May 25 provided that visits to inmates were allowed on June 29, July 13, and July 27 for separate classes of inmates. Subsequent updates to the “state of calamity” on July 7, August 9, and September 9 did not mention visits to prisons. As of December there were no additional provisions that allowed families to visit their relatives in prison.

The wife of an inmate in the Kakila prison said that since the “state of emergency” began she could no longer visit or contact her husband and that she was only able to leave food at the front gate of the jail to be delivered to her husband. She said prisoners at Kakila jail lacked running water for more than one month.

Arbitrary Arrest: During the year there were instances in which security forces reacted violently to public demonstrations against the government. The visible presence of security forces was enough to deter significantly what the government deemed unlawful demonstrations. Government authorities claimed known agitators, who sought to create social instability, organized many of the public demonstrations.

On August 5, in the Dande municipality of Bengo province, police arrested four activists (Domingos Periquito, Domingos Jaime, Gomes Hata, and Manuel Lima) who attempted to organize a protest against the lack of potable water. Domingos Jaime, a rapper known as Jaime MC, was hit by a police vehicle and later taken to the hospital. Police charged the activists for failure to wear face masks, but a judge dismissed the charges. Following the dismissal, Criminal Investigation Services returned the activists to the police who filed new charges for disobedience to authorities. The activists were convicted and given a one month suspended sentence converted to a fine. The activists had no money to pay the fine and remained in police custody until they were able to collect the fine amount.

On October 24, 103 persons were arrested in Luanda during a peaceful demonstration demanding improved employment conditions and local elections. Among those detained were persons from the surrounding area who were forcibly taken into custody without having participated in the demonstration. Of the 103 persons detained, six were released before trial, 26 were acquitted, and 71 were convicted of disobedience and fined.

Pretrial Detention: Excessively long pretrial detention continued to be a serious problem. An inadequate number of judges and poor communication among authorities contributed to the problem. In some cases authorities held inmates in prison for up to five years in pretrial detention. The government often did not release detainees confined beyond the legal time limit, claiming previous releases of pretrial detainees had resulted in an increase in crime.

The constitution and law provide for an independent and impartial judiciary. The judicial system was effected by institutional weaknesses including political influence in the decision-making process. The Ministry of Justice and Human Rights and the PGR worked to improve the independence of prosecutors and judges. The National Institute for Judicial Studies conducted capacity-building programs to foster the independence of the judicial system.

There were long trial delays at the Supreme Court, in part because the court remained the only appellate court in the country. A 2015 law established another level of appellate courts to reduce delays. Two of these courts were inaugurated in Benguela and Lubango but were not operating at year’s end. Criminal courts also had a large backlog of cases that resulted in major delays in hearings.

Informal courts remained the principal institutions through which citizens resolved civil conflicts in rural areas, such as disputes over a bartering deal. Each community in which informal courts were located established local rules, creating disparities in how similar cases were resolved from one community to the next. Traditional community leaders (known as sobas) also heard and decided local civil cases. Sobas do not have the authority to resolve criminal cases, which only courts may hear.

Both the national police and the FAA have internal court systems that generally remained closed to outside scrutiny. Although members of these organizations may be tried under their internal regulations, cases that include violations of criminal or civil laws may also fall under the jurisdiction of provincial courts. Both the PGR and the Ministry of Justice and Human Rights have civilian oversight responsibilities over military courts.

Although the law provides all citizens the right to a fair trial, authorities did not always respect this right. Defendants enjoy the right to a presumption of innocence until proven guilty. Authorities must inform defendants of the charges levied against them in detail within 48 hours of their detention. Defendants have the right to free language interpretation during all legal proceedings, from the moment of being charged through the close of all appeals.

In July the National Assembly unanimously approved a new procedural penal code to clarify the roles of each party in the judicial process, introduce rules that speed up judicial processes, and provide new procedural rules for both claimants and defendants.

By law trials are usually public, although each court has the right to close proceedings. Defendants have the right to be present and consult with an attorney, either chosen by them or appointed by the state, in a timely manner. According to the Ministry of Justice and Human Rights all public defenders are licensed lawyers. Defendants do not have the right to confront their accusers. They may question witnesses against them and present witnesses and evidence on their own behalf. Defendants have the right to sufficient time and facilities to prepare a defense. The law protects defendants from providing self-incriminating testimony. Individuals have the right to appeal their convictions. Authorities did not always respect these trial procedure rights.

A separate juvenile court hears cases of minors between the ages of 12 and 16 accused of committing a criminal offense. Minors older than 16 accused of committing a criminal offense are tried in regular courts. In many rural municipalities, there is no provision for juvenile courts, so offenders as young as 12 may be tried as adults. In many cases traditional leaders have state authority to resolve disputes and determine punishments for civil offenses, including offenses committed by juveniles. The constitution defines traditional authorities as ad hoc units of the state.

The president appoints Supreme Court justices for life terms without confirmation by the National Assembly. The Supreme Court generally hears cases concerning alleged political and security crimes.

In Cabinda province authorities detained three activists of the Cabinda Independence Union on June 28 and 29. Authorities detained Mauricio Gimbi, Andre Bonzela, and Joao Mampuela and accused the men of carrying pamphlets with the slogans, “Down to arms, down to the war in Cabinda”; “Cabinda is not Angola”; and “We want to talk”. The men appeared before a government attorney on June 30 who ordered their pretrial detention. Authorities subsequently charged the men with rebellion and criminal association.

The lawyer for the men, Arao Tempo, appealed the pretrial detention. On August 21, the Provincial Court of Cabinda decided to hold Gimbi and Mampuela in pretrial detention and release Bonzela pending the payment of a substantial fine. Tempo said the fine would be an impossible sum to pay due to the poor social and economic conditions of the Cabindan people. The three activists remained in jail. On November 15, human rights lawyer and head of the pro bono organization Associacao Maos Livres, demanded their release.

Damages for human rights abuses may be sought in provincial courts and appealed to the Supreme Court. During the year the National Assembly approved a new procedural penal code that allowed victims of human rights abuses to seek compensation from the state. The rules provide that the state must compensate victims who are illegally detained or arrested, are under excessively long pretrial detention, are not released in due time against a legal provision or a court decision, or are victim of a gross judicial error. Public agents responsible for actions that abuse human rights should in turn compensate the state.

SOS Habitat brought a lawsuit alleging that the government failed to comply with a judicial decision to compensate a victim of an unlawful killing. The NGO sued on behalf of the family of Rufino Antonio, age 14, who was killed by soldiers in August 2016 while protesting against the demolition of a neighborhood in the Zango area of Luanda province. The Luanda Military Court sentenced four soldiers to prison terms ranging between one and 18 years in prison, and ordered each soldier to pay a compensation fee to Rufino’s family of 1,000,000 kwanzas ($1,740). The family has not received the payments from the government or the convicted soldiers.

The constitution recognizes the right to housing and quality of life, and the law states that persons relocated should receive fair compensation. The constitution recognizes the right to private property and establishes that the state protects the property rights of all citizens, including of local communities, only allowing expropriation for reasons of public use. The constitution also provides that all untitled land belongs to the state, with no exceptions for pastoralists or traditional societies.

In the municipality of Quipungo in Huila province, farmers and herders of the Kakoi-Mangango community said their land was taken by the communal administrator of Cainda without notice and given to farmer Fernando Abilio Lumbamba. The local farmers tried to protest to the municipal authorities but were threatened with arrest by the communal administrator, who said the land in question belonged to the state. One local NGO wrote a letter on behalf of the local farmers to the Huila governor Luis Nunes denouncing the expropriation of the land.

The constitution and law prohibit the arbitrary or unlawful interference of privacy, family, home, or correspondence, but the government did not always respect these prohibitions. Civil organizations and politically active individuals, including government critics, members of opposition parties, and journalists, complained that the government maintained surveillance of their activities and membership. These groups also frequently complained of threats and harassment based on their affiliations with groups that were purportedly or explicitly antigovernment.

Botswana

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports the government or its agents committed arbitrary or unlawful killings. The Botswana Defence Force has a judge advocate general that would investigate any such cases; the Botswana Police Service would conduct an internal investigation into these types of allegations with a referral to civilian prosecutors if necessary.

There were no reports of disappearances by or on behalf of government authorities.

The constitution and law prohibit such practices, but unlike in years prior to 2019, there were no reports of police using such tactics. Some laws prescribe corporal punishment for convicted offenders in both criminal and customary courts. Human rights groups viewed these provisions as cruel and degrading; the Court of Appeals ruled these provisions do not violate the constitution’s provisions on torture or inhuman treatment. In April police reportedly used excessive force in at least one instance while enforcing the 2019 COVID-19 lockdown regulations in Lobatse, where two persons were beaten and injured. President Masisi released a statement vowing to investigate the incidents thoroughly and pledged not to tolerate abuse by security forces. The government did not release further information on the investigation following this statement. On September 29, police also fired tear gas and rubber bullets at university students in Palapye who were protesting nonpayment of their student allowances. Students alleged police used excessive force to break up the protests, while police said the students set fires and refused to disperse. Two students were arrested and charged with incitement to violence and disobedience of the law.

Impunity was not a significant problem in the security forces.

Prison and detention center conditions generally met international standards.

Physical Conditions: Authorities occasionally held juveniles with adults, although only for a few days while the juveniles awaited transport.

The Francistown Center for Illegal Immigrants (FCII) is a dedicated facility for processing asylum and other immigration claims by individuals who entered the country illegally. In previous years journalists reported allegations of authorities abusing asylum seekers in the FCII, but there were no reports of such abuses during the year. There was no school at the center, and international observers expressed concern some children were separated from parents at a young age. The government considered FCII to be a transit center for refugees, but some refugees previously spent several years there while awaiting review of their cases. Although in 2019 the government moved remaining long-term residents to the nearby Dukwi Refugee Camp, there was no protocol in place to prevent arrivals from spending long periods in FCII while their cases were processed. There were no significant reports regarding conditions at other prisons that raised human rights concerns.

Administration: Authorities investigated credible allegations of inhuman conditions brought by inmates against prison officials and took disciplinary or judicial action against persons responsible for abuses. The law requires the minister of defense, justice, and security to appoint a committee to visit prisons on a quarterly basis and allows religious authorities to visit with prisoners. The government enforced this law. Prisoners in general may also attend religious services.

Independent Monitoring: The government generally allowed international and local nongovernmental organizations (NGOs) to meet with prisoners and permitted independent human rights observers to visit prisons. The International Committee of the Red Cross visited prisons. Representatives of diplomatic missions have also been allowed access to the FCII.

The constitution and law prohibit arbitrary arrest and detention, and provide for the right of any person to challenge his or her detention in court. The government generally observed these prohibitions.

Botswana Police Service (BPS) officers received human rights training at the country’s International Law Enforcement Academy.

Police must produce an arrest warrant issued by a duly authorized magistrate upon the presentation of compelling evidence, except in certain cases, such as when an officer witnesses a crime being committed or discovers a suspect is in possession of a controlled substance. Directorate of Intelligence and Security Services (DISS) personnel have the power to enter premises and make arrests without warrants if the agency suspects a person has committed or is about to commit a crime (see also section 2.a.).

The law requires authorities to inform suspects of their rights upon arrest, including the right to remain silent and to file charges before a magistrate within 48 hours. Authorities generally respected these rights. There were no reports of denial of a suspect’s right to an attorney during the first 48 hours after arrest and the right to arraignment before a magistrate. A magistrate may order a suspect held for 14 days through a writ of detention that may be renewed every 14 days. The law provides for a prompt judicial determination of the legality of a person’s detention. Heavy court caseloads occasionally delayed this determination. Authorities generally informed detainees of the reason for their detention, although there were some complaints this did not always occur. There is a functioning bail system, and detention without bail was unusual except in murder cases, where it is mandatory. Detainees have the right to contact a family member and hire attorneys of their choice, but most could not afford legal counsel. There were no reports authorities held suspects incommunicado or under house arrest.

Pretrial Detention: A writ of pretrial detention is valid for 14 days and is renewable every 14 days. Some detainees, however, waited several weeks or months between the filing of charges and the start of their trials. Pretrial detention in murder, rape, livestock theft, and robbery cases sometimes exceeded a year, but there were no reports of instances in which the length of detention equaled or exceeded the sentences actually imposed. Pretrial detainees comprised approximately 25 percent (2015 data) of prisoners, according to the NGO World Prison Brief. Delays were largely due to judicial staffing shortages and a backlog of pending cases.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence, and authorities generally informed them promptly and in detail of the charges against them, with free interpretation from the moment charged through all appeals if he or she cannot understand the language of the court. Trials in the civilian courts are public, although trials under the National Security Act may be secret. Defendants have the right to be present and consult with an attorney in a timely manner. In capital cases the government provides legal counsel or private attorneys to work pro bono for indigent clients. Courts tried those charged with noncapital crimes without legal representation if they could not afford an attorney. As a result many defendants were not aware of their procedural rights in pretrial or trial proceedings. Defendants may question witnesses against them. Defendants may present witnesses and evidence on their own behalf. Defendants have the right to adequate time and facilities to prepare their defense and to appeal. Defendants are not compelled to testify or confess guilt. The constitution states these rights extend to all citizens. Some NGOs provided limited, free legal assistance.

In addition to the civil court system, a customary or traditional court system also exists. According to traditional practice, a tribal chief presides over most small villages. While customary (traditional) courts enjoyed widespread citizen support and respect, they often did not afford the same due process protections as the formal court system. Although defendants may confront, question, and present witnesses in customary court proceedings, they do not have legal counsel, and there are no standardized rules of evidence. Customary trials are open to the public, and defendants may present evidence on their own behalf. Tribal judges, appointed by the tribal leader or elected by the community, determine sentences. Many tribal judges were poorly trained. The quality of decisions reached in the customary courts varied considerably, and defendants often lacked a presumption of innocence. Tribal judges applied corporal punishment, such as lashings on the buttocks, more often than did civil courts. Those convicted in customary courts may file appeals through the civilian court system.

A separate military court system does not try civilians. Military courts have separate procedures from civil courts. Defendants in military courts are able to retain private attorneys at their own expense and view evidence to be used against them. Defendants in military court may have their cases transferred to the civilian judicial system. In addition military personnel may sue other military personnel in civilian civil court.

There were no reports of political prisoners or detainees.

In the formal judicial system, there is an independent and impartial judiciary in civil matters, including for human rights cases, which includes a separate industrial court for most labor-related cases. Administrative remedies were not widely available. By mutual agreement of the parties involved, customary courts, which handle land, marital, and property disputes, tried most civil cases but; they often did not afford the same due process protections as the formal judicial system. Although individuals and organizations may file complaints regarding domestic decisions with the African Commission on Human and Peoples’ Rights, the country has not ratified the protocol that established the court, which means the country does not always implement the court’s rulings.

The constitution and law prohibit such actions, but there were reports the DISS had developed capabilities for online surveillance. The BPS also used online surveillance of social media as part of COVID-19 state-of-emergency measures.

Eswatini

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports that the government or its agents committed arbitrary or unlawful killings. On June 9, however, prison guards allegedly beat and killed a 25-year-old inmate at the Sidwashini prison when the guards intervened in a gang-related fight among inmates. Several other prisoners were injured. The commissioner general of His Majesty’s Correctional Services (HMCS) referred the case to the Royal Eswatini Police Service (REPS), where the investigation continued. To investigate whether security force killings were justifiable, civilian security forces (REPS and HMCS) refer cases to REPS for investigation and the Directorate of Public Prosecutions for prosecution. The military conducts its own internal investigations of military security force killings, followed by referrals for prosecution before military tribunals.

There were no reports of disappearances by or on behalf of government authorities.

The constitution and law prohibit such practices, but there were occasional reports that government officials employed them. The law prohibits police from inflicting, instigating, or tolerating torture and other cruel, inhuman, or degrading treatment or punishment. It also establishes a disciplinary offense for officers who use violence or unnecessary force, or who intimidate prisoners or others with whom they have contact in the execution of their duties. In February, Bongani Kunene of Moyeni alleged that during an interrogation police beat him and placed a plastic bag over his head. During the year there were scattered reports of police brutality towards those alleged to have violated COVID lockdowns. In one pending case, a police officer was arrested and charged with attempted murder for shooting a teenager in the arm after having fired his weapon to disperse a group of teens who were contravening COVID regulations by playing soccer during the partial lockdown.

There were isolated reports throughout the country of cruel, inhuman, and degrading treatment by “community police”–untrained, volunteer security personnel who exist outside the country’s formal legal structures and are empowered by rural communities to act as vigilantes, patrolling against rural crimes such as cattle rustling. In November 2019 a group of community police severely beat five suspected thieves on their buttocks and paraded them naked through the street as punishment.

Impunity remained a concern but was not a significant problem in the security forces. The HMCS had strong internal mechanisms to investigate alleged wrongdoing and apply disciplinary measures. The reliability of such internal mechanisms within REPS and the military forces remained less clear, although members of these forces have been investigated, prosecuted, and convicted in recent years. Where impunity existed, it generally was attributable more to inefficiency than politicization or corruption, although the latter remained legitimate concerns. In recent years security forces have added training modules to help promote respect for human rights. In October the national commissioner of police publicly condemned police brutality and called on officers to refrain from cruel or degrading treatment.

Prison conditions varied and did not always meet international standards due to overcrowding and, in certain locations, facilities that required repair or modernization.

Physical Conditions: In September the HMCS reported a total prison population of 3,796, exceeding the prison system’s designed capacity by 958 inmates. Facilities were of mixed quality: some were old and dilapidated, while others such as the women’s prison were newer and well maintained. Prisoner-on-prisoner violence remained a concern due to increased gang activity among inmates as prison populations expanded and diversified. In June members of a prison gang attacked a group of prisoners in an effort to force them to join their ranks, resulting in a skirmish in which one inmate died, allegedly after a severe beating by prison guards (see section 1.a.).

Administration: Authorities conducted investigations of credible allegations of mistreatment and held prison officials accountable through appropriate disciplinary measures–primarily suspensions without pay. During the year the HMCS met quarterly with the Commission on Human Rights and Public Administration Integrity (CHRPAI) to review prison conditions, individual cases, and prisoner needs (such as legal counsel).

Independent Monitoring: The government permitted monitoring of prison conditions by independent nongovernmental observers such as the International Committee of the Red Cross, the African Union, local nongovernmental organizations, and diplomatic missions. Independent monitoring groups generally received broad access to prison facilities and were able to conduct unchaperoned interviews of inmates and prison guards.

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

The law requires warrants for arrests, except when police observe a crime being committed, believe a person is about to commit a crime, or conclude evidence would be lost if arrest is delayed. The law requires authorities to charge detainees with the violation of law within a reasonable time, usually within 48 hours of arrest or, in remote areas, as soon as a judicial officer is present to assume responsibility. Authorities sometimes failed to charge detainees within this time period, sometimes taking up to a week. There is a bail system, and suspects may request bail at their first appearance in court, except in serious cases such as those involving murder or rape charges. In general detainees could consult with lawyers of their choice, to whom they were generally allowed prompt access. Lawyers may be provided to indigent defendants at public expense in capital cases or if conviction of a crime is punishable by life imprisonment.

The director of public prosecutions has the legal authority to determine which court should hear a case. The director delegated this responsibility to public prosecutors. Persons convicted in the traditional courts may appeal to the High Court.

Arbitrary Arrest: In September the Supreme Court held that the arrest and five-week detention of robbery suspect Sibongiseni Khumalo had been unlawful because, shortly after the arrest, police realized that most or all of the allegedly stolen items they seized belonged, in fact, to the suspect. Nevertheless, the government detained the suspect for more than five weeks, even after the suspect was granted bail on the second day of his detention but lacked sufficient funds to pay it. The Supreme Court concluded that the arrest and detention of the suspect had been unlawful and awarded him damages and costs.

Pretrial Detention: CHRPAI stated lengthy pretrial detention was common, with the majority of pretrial detainees incarcerated due to shortages of judges, prosecutors, and courtrooms; a weak case management and coordination system; and a lack of access to legal representation. As of December the 845 pretrial detainees was approximately 21 percent of the total prison and detainee population. A 2018 survey of detainees by CHRPAI concluded that 245 of them had been awaiting or undergoing trial for 12 or more months.

The constitution and law provide for an independent judiciary, and the government with some limitations respected judicial independence and impartiality in nonpolitical criminal and civil cases not involving the royal family or government officials. The king appoints Supreme Court and High Court justices on the advice of the Judicial Service Commission, which is chaired by the chief justice and consists of other royal appointees.

Judicial powers are based on two systems: Roman-Dutch law and a system of traditional courts that follows traditional law and custom. Neither the Supreme Court nor the High Court that interprets the constitution have jurisdiction in matters concerning the Offices of the King or Queen Mother, the regency, chieftaincies, the Swati National Council (the king’s advisory body), or the traditional regiments system. Unwritten traditional law and custom govern all these institutions. Traditional courts were unwilling to recognize many of the fundamental rights provided for in the constitution and instead relied on customary laws that often reduce or disregard these rights.

Most citizens who encountered the legal system did so through the 13 traditional courts. Each court has a presiding judicial officer appointed by the king. These courts adjudicate minor offenses and violations of traditional law and custom. Authorities generally respected and enforced traditional, as well as magistrate, High Court, and Supreme Court rulings.

The constitution and law generally provide for the right to a fair and public trial, and the judiciary generally enforced this right.

Defendants enjoy a presumption of innocence and the right to be informed of charges promptly, in detail, and with free interpretation if necessary. The constitution provides for the right to a fair public trial without undue delay, except when exclusion of the public is deemed necessary in the “interests of defense, public safety, public order, justice, public morality, the welfare of persons younger than 18, or the protection of the private lives of the persons concerned in the proceedings.” Although the judiciary generally enforced rights to a fair public trial, prolonged delays during trials in the magistrate courts and High Court were common. Court-appointed counsel is provided to indigent defendants at government expense with free assistance of an interpreter for any defendant who cannot understand or speak English or SiSwati, and conviction of the crime is punishable by death or life imprisonment. Defendants and their attorneys have access to relevant government-held evidence, generally obtained from the Public Prosecutor’s Office during pretrial consultations. Defendants have the right to adequate time and facilities to prepare a defense. Defendants may question witnesses against them and present witnesses and evidence on their own behalf. Defendants may not be compelled to testify or confess guilt. Defendants and prosecutors have the right of appeal up to the Supreme Court. The law extends the foregoing rights to all persons.

The traditional courts operate under traditional authorities, including local chiefs. In general chiefs preside over traditional courts as court presidents. Traditional courts hear both civil and minor criminal matters. By law traditional courts may only impose token monetary fines and no prison sentences longer than 12 months.

Traditional courts are empowered to administer customary law only “insofar as it is not repugnant to natural justice or morality” or inconsistent with the provisions of any civil law in force, but some traditional laws and practices violate civil laws, particularly those involving women’s and children’s rights. Defendants in traditional courts are not permitted formal legal counsel but may speak on their own behalf, call witnesses, and be assisted by informal advisors. Traditional law and custom provide for an appeals process, but the process is long and cumbersome. Under the constitution the High Court has review and appellate jurisdiction over matters decided in traditional courts. Judicial commissioners within the traditional legal system may adjudicate appeals themselves or refer appeals to a court within the civil judicial system on their own volition. Those making or receiving an appeal also have the right to seek High Court review of traditional court decisions.

Military courts are not allowed to try civilians. They do not provide the same rights as civilian criminal courts. For example, military courts may use confessions obtained under duress as evidence and may convict defendants based on hearsay.

There were two reports of persons detained in lengthy pretrial detention for criticism of the king. In May the government withdrew the sole remaining charge against activist Goodwill Sibiya, who was arrested in May 2019 and charged with violating the law after having accused the king of embezzlement and lawlessness. The government dismissed one charge against Sibiya in September 2019 and dismissed the remaining charge against him in May. Sibiya was released on the same day the government dismissed his charge.

Also in May police arrested Ncamiso Ngcamphalala, the president of the political party Economic Freedom Fighters-Swaziland and charged him with violating a section of law that was ruled unconstitutional by the High Court in 2016. Although Ngcamphalala was released on bail in June, his charge remained pending.

Individuals and organizations may seek civil remedies for human rights abuses, including appeal to international courts or bodies. Administrative remedies are also available under civil service rules and regulations.

The constitution and law prohibit such actions except “in the interest of defense, public safety, public order, public morality, public health, town and country planning, use of mineral resources, and development of land in the public benefit.” There were isolated reports of unlawful interference by the government. The wife of a blogger wanted by police in connection with various alleged crimes claimed that police officers visited her home without a warrant, harassed her, and compelled her to accompany them to a police station for questioning regarding her husband’s whereabouts. The law requires police to obtain a warrant from a magistrate before searching homes or other premises, but officers with the rank of subinspector or higher have authority to conduct a search without a warrant if they believe delay might cause evidence to be lost.

Lesotho

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were several reports members of the Lesotho Mounted Police Service (LMPS) committed arbitrary or unlawful killings. The Police Complaints Authority (PCA) investigates allegations of police misconduct and abuse. The PCA, however, was ineffective because it lacked authority to fulfill its mandate: It could only investigate cases referred to it by the police commissioner or minister for police and could act on public complaints only with their approval. The PCA also lacked authority to refer cases directly to the Prosecutor’s Office. The PCA did not publish its findings or recommendations.

There were numerous reported abuses similar to the following example. On July 22, three police officers of the Flight One Station in Maseru allegedly beat Thabiso Molise to death. According to the chairman of the Ha Jimisi Community Policing Forum, Molise escaped police custody after being arrested on suspicion of theft and fled to Ha Jimisi village, where police captured him and clubbed him to death. According to a family member, autopsy results confirmed his death from the beating. On September 3, the suspects were suspended from duty pending investigation of the incident.

There were no reports of disappearances by or on behalf of government authorities.

The constitution states that no person shall be subjected to torture, inhuman or degrading punishment or other treatment and the penal code lists torture as one of the crimes against humanity. Nevertheless, there were credible reports police tortured suspects and subjected them to cruel, inhuman, or degrading treatment or punishment.

There were numerous reported abuses similar to the following example. On July 8, the Moafrika Community Broadcasting Service reported that Mabote police officers tortured LMPS Special Operations Unit member Lebusa Setlojoane and his relative Lefu Setlojoane with electrical shocks and suffocation to force him to confess to committing arson and homicide. Setlojoane stated he was told he would be killed if he reported the abuse to judicial authorities.

On July 29, Lesotho Television reported the minister of police encouraged harsh treatment of criminals; however, on September 1, the commissioner of police stated, “torture and inhuman treatment is intolerable within the LMPS.”

During the year the government acted to investigate and punish police and military members. The commissioner of police took disciplinary action against 50 police officers and two military members accused of committing human rights abuses. They were charged, appeared before the High Court and released on bail. They had yet to be tried by year’s end.

Prison conditions were harsh and life threatening due to gross overcrowding; physical abuse and inmate-on-inmate violence, including rape; and inadequate food, sanitary conditions, medical care, ventilation, lighting, and heat.

Physical Conditions: The Lesotho Correctional Service (LCS) reported facilities in Maseru, Leribe, and Berea were overcrowded. Former justice minister Mahali Phamotse attributed overcrowding at prisons to high crime rates among the unemployed.

Unlike in 2019 authorities stated no prisoners submitted complaints of physical abuse by correctional officers.

Inmate-on-inmate violence continued to be a problem. In January the newspaper Sunday Express reported that former LCS commissioner Thabang Mothepu called on LCS superintendent Tuoata Makoetje to explain the death of an inmate from physical abuse by prison officers because he sodomized another inmate.

Rape and consensual unprotected sex by prisoners contributed to a high rate of HIV/AIDS infection in correctional facilities. In 2018 the newspaper Lesotho Times quoted Superintendent Limpho Lebitsa’s statement, “A lot happens behind bars and away from the eyes of prison officers.”

All prisons had a nurse and a dispensary to attend to minor illnesses, but health care was inadequate. Prisons lacked medical units that operated 24 hours a day; as a result, guards confined sick prisoners to their cells from 3 p.m. to 6 a.m. Although prisons provided potable water, sanitation was poor in the Mokhotlong, Berea, Quthing, and Qacha’s Nek prisons. Prisons generally lacked bedding, lighting, and proper ventilation; heating and cooling systems did not exist.

From June to September, authorities halted prison visits by inmate family members due to the COVID-19 pandemic. The Crime Prevention, Rehabilitation, and Reintegration of the Prisoners Association warned of the risk of increased inmate illnesses and deaths due to the interruption in the provision of additional food and medication provided by relatives. The LCS acknowledged food shortages. On August 27, the Minister of Justice Nqosa Mahao stated prison food quality was poor. Restrictions were relaxed in September.

In addition to one death as a result of inmate-on-inmate violence, the LCS reported four deaths that were attributed to natural causes, not malnutrition, lack of food, or other prison conditions.

In August 2019 corporals Motsieloa Leutsoa, charged with the 2014 killing of Police Sub-Inspector Monaheng Ramahloko, and Tsitso Ramoholi, charged with the 2015 killing of Lesotho Defense Force (LDF) Commander Maaparankoe Mahao, petitioned the High Court for release on bail, citing gross overcrowding and generally deplorable prison conditions. They complained that cells designed to hold four to five inmates held as many as 20 inmates at a time. They also stated there were only enough mattresses for one third of the inmate population, tuberculosis and other diseases were rampant, and it took up to a week to access a doctor.

Authorities did not institute safeguards or other measures to protect the rights or accommodate the needs of prisoners with disabilities. Prison buildings lacked ramps, railings, and other features facilitating physical access for prisoners with disabilities.

Administration: The LCS investigated reports of inmate-on-inmate violence and physical abuse by correctional officers. Authorities took disciplinary action. From June to September, authorities instituted COVID-19 restrictions that halted prison visits by inmate family members.

Unlike in 2019 the Office of the Ombudsman stated it received no complaints from prisoners. Prisoners were often unaware they could file complaints, which had to be submitted through prison authorities, creating the possibility of retaliation against complainants.

Independent Monitoring: In June, COVID-19 restrictions halted most prison visits. Prior to June senators, the ombudsman, and representatives of the Lesotho Red Cross, the nongovernmental organization (NGO) Transformation Resource Center (TRC), churches, the business community, and the courts visited prisoners. Diplomatic and International Committee of the Red Cross representatives periodically visited foreign nationals detained in the country. Following the relaxation of COVID-19 restriction in September, visitors were allowed limited contact with inmates and to provide them food, medicine, and personal hygiene products.

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of arrest or detention in court. In August 2019 Chief Magistrate Matankiso Nthunya stated police often detained individuals improperly and attempted to refer cases for prosecution based on insufficient evidence. Nthunya added that in many cases police sought to punish defendants for unknown reasons unrelated to any substantiated criminal offense.

The law requires police, based on sufficient evidence, to obtain an arrest warrant from a magistrate prior to making an arrest on criminal grounds. Police arrested suspects openly, informed them of their rights, and brought those charged with a crime before a judicial officer. By law police are required to inform suspects of charges against them upon arrest and present suspects in court within 48 hours. According to media, police did not always inform suspects of charges upon arrest and detained them for more than the prescribed 48 hours. By law authorities may not hold a suspect in custody for more than 90 days before a trial except in exceptional circumstances.

The law provides for bail, which authorities granted regularly and, in most cases, fairly.

Defendants have the right to legal counsel. Authorities generally allowed detainees prompt access to a lawyer. The Legal Aid Division under the Ministry of Justice and Law and NGOs offered free legal assistance, but it was insufficient to provide counsel for all indigent detainees.

Arbitrary Arrest: The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of arrest or detention in court. Arbitrary arrest and detention was a continuing problem. In August 2019 Chief Magistrate Matankiso Nthunya stated police often detained individuals improperly and attempted to refer cases for prosecution based on insufficient evidence. Nthunya added that in many cases police sought to punish defendants for unknown reasons unrelated to any substantiated criminal offense.

Pretrial Detention: Pretrial detainees constituted 29 percent of the prison population. The average length of pretrial detention was 90 days, after which authorities usually released pretrial detainees on bail pending trial. Pretrial detention sometimes lasted for years, however, due to judicial staffing shortages, unavailability of legal counsel, or negligence. In April 2019 acting chief justice Maseforo Mahase visited the Maseru correctional facility and discovered pretrial detainees who had been imprisoned for up to eight years without charge.

The constitution and law provide for an independent judiciary, but in 2019 the Law Society of Lesotho stated the government did not respect judicial independence. In some cases authorities failed to respect court orders. There were several reports of abuses similar to the following examples. On April 18, Deputy Commissioner Sera Makharilele was appointed acting police commissioner despite a High Court order not to replace the incumbent, Holomo Molibeli. On February 5, acting chief justice Maseforo Mahase intervened in the bail hearing of the spouse of former prime minister Thabane, Maesaisah Thabane, who was indicted for murder. Mahase ordered payment of minimal bail and Thabane’s release. On May 29, the Court of Appeal revoked Thabane’s bail. On June 3, a magistrate court ordered reincarceration. On June 29, High Court Judge Thamsanqa Nomngcongo ordered her release on bail. No date for Thabane’s trial had been set by year’s end, and she remained free on bail.

The constitution and law provide for the right to a fair and public trial, and the judiciary generally enforced this right.

Criminal defendants enjoy the right to a presumption of innocence. In most cases officials informed defendants promptly and in detail of the charges against them with free interpretation as necessary during proceedings at the magistrate and High Court levels but not at other points in the criminal justice process. By law the free assistance of an interpreter is not required for Court of Appeal cases. In some cases interpreters were not readily available, resulting in delays in the filing of charges. Trial delays resulted from a large backlog of cases due to an inadequate number of judges, the failure of defense attorneys to appear in court, defendants changing legal counsel, and motions for recusal of judges. Defendants have the right to be present at their trial, to communicate with an attorney of their choice, and have adequate time and facilities to prepare a defense. Defendants may confront and question witnesses against them and present witnesses on their own behalf. The law allows defendants to present evidence on their own behalf at a magistrate’s court, but the High Court requires a lawyer present evidence. Defendants may not be compelled to testify or confess guilt and may appeal a judgment.

In civil and criminal matters, a single judge normally hears cases. In constitutional, commercial, and appeal court cases, more than one judge is assigned. By law civil and criminal trials are open to the public.

There were no reports of political prisoners or detainees.

Individuals and organizations may seek civil remedies for human rights violations through domestic courts.

The constitution and law prohibit arbitrary interference with privacy, family, home, and correspondence, and the government generally respected these prohibitions. Although search warrants are required under normal circumstances, the law provides police with the power to stop and search persons and vehicles as well as to enter homes and other places without a warrant if the situation is life threatening or there are “reasonable grounds” to suspect a serious crime has occurred. Additionally, the law states any police officer of the rank of inspector or above may search individuals or homes without a warrant.

Malawi

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports the government or its agents committed arbitrary or unlawful killings.

In February 2019 Buleya Lule died while in police custody in Lilongwe, just hours after appearing in court as one of six suspects in the abduction of Goodson Makanjira, a 14-year-old boy with albinism (see section 6, Other Societal Violence or Discrimination). In a May 2019 report into Lule’s death, the Malawi Human Rights Commission (MHRC) found the deceased was tortured, and his immediate cause of death was from torture using electricity. Earlier, police arranged an autopsy that attributed his death to intracranial bleeding and hypertension. The MHRC recommended that the police officers involved be prosecuted. On July 10, 13 officers, including now suspended police commissioner Evalista Chisale, were arrested for their alleged involvement in the death of Lule. On July 31, the officers were released on bail.

Perpetrators of past abuses were occasionally punished administratively, but investigations often were delayed, abandoned, or remained inconclusive.

There were no reports of disappearances by or on behalf of government authorities.

The constitution prohibits the use of torture or cruel, inhuman, and degrading treatment or punishment; however, police sometimes used excessive force and other unlawful practices, including torture, to extract confessions from suspects. The MHRC stated in its annual report that torture was widespread in prisons.

Reputable nongovernmental organizations (NGOs) working with sex workers reported police officers regularly extracted sexual favors from sex workers under the threat of arrest.

In October 2019 the MHRC opened an independent inquiry into allegations police officers raped women and teenage girls in Msundwe, M’bwatalika, and Mpingu in Lilongwe. The alleged rapes were reportedly in retaliation for the killing of police officer Usuman Imedi by an irate mob in Msundwe. A December 2019 MHRC report stated police officers raped and sexually assaulted 18 women and girls, at least four younger than age 18. On August 13, High Court Judge Kenyatta Nyirenda ordered the government to compensate the women. The judge also ordered police authorities to release the report of the internal investigations within 30 days. As of November the report had yet to be submitted.

One allegation of sexual misconduct by a Malawian peacekeeper deployed to the UN Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) reported in 2016 remained pending at year’s end. Two additional allegations of abuses by Malawian peacekeepers with MONUSCO–in 2016 and 2014–were reported during 2019.

According to the Conduct in UN Field Missions online portal, there were three open allegations, submitted in previous years, of sexual exploitation and abuse by Malawian peacekeepers deployed to UN peacekeeping missions, including two submitted in 2018 and one submitted in 2016. As of November the government had not yet provided the accountability measures taken for all three open allegations. The 2016 case remained pending a government investigation. For one of the 2018 cases, the United Nations completed its investigation and was awaiting additional information from the government. The United Nations is still investigating the other 2018 case. All three cases allegedly involved exploitation of an adult.

Impunity was a problem in the security forces.

Prison and detention center conditions remained harsh and potentially life threatening due to overcrowding and poor sanitation; inadequate food, potable water, heating, ventilation, lighting, and health care; and torture.

Physical Conditions: An Inspectorate of Prisons report released in September 2019 indicated the Malawi Prison Service was failing to execute its rehabilitative role, while the courts were failing to exercise their sentence review powers in time. A 2018 Inspectorate of Prisons monitoring tour of prisons and police cells across the country found recurrent problems of poor sanitation, poor diet, overcrowding, prisoner abuse, poor ventilation, detention without charge beyond 48 hours, understaffing, prison staff corruption, and insufficient prisoner rehabilitation such as education and vocational training.

Overcrowding and malnutrition remained problems. In December the Malawi Prison Service reported a total prison population of 14,500 in a space with a designed holding capacity of 7,000. Police held detainees in police stations for long periods beyond the legal limit of 48 hours, which contributed to pervasive cell overcrowding.

Authorities held women separately from men but often held pretrial detainees and convicted prisoners together. In police detention centers, children were not always held separately from adults. Although inadequate, detention facilities for women and children were generally better than men’s facilities. The International Organization for Migration (IOM), however, noted significant improvements in the treatment of migrants held at prison facilities, including easier access to care for migrants with medical conditions. The IOM also claimed improved channels of communication with prison staff and easier access to detention facilities. As of October, five male migrants, four Nigerians, and one South African were in detention for immigration offenses. They were convicted, fined, and ordered deported.

As of December, according to the prison service, 15 inmates died in prison, all of natural causes.

Basic emergency medical care generally was available in the daytime but unavailable after regular working hours. Daily prison rations were meager. Officials allowed family members to provide food and encouraged inmates to grow vegetables and raise livestock in rural prisons. Malnutrition in the prison population remained a problem, however, particularly in urban prisons.

Inadequate infrastructure remained a serious problem. Prisons and detention centers had no provisions for temperature control other than wood fires.

Administration: Each prison had a designated welfare officer, some of whom had received specialized training, to receive prisoner complaints regarding conditions. The complaints process, however, was primarily verbal and informal, allowed for censorship, and provided little follow-up. Prisoners sometimes had the opportunity to complain to NGOs that recorded cases for inclusion in government advocacy and reports, but this rarely resulted in follow-up on individual cases.

The MHRC and NGOs working in prisons expressed concern regarding the human rights of detained persons. During the year the MHRC released a report that cited overcrowding, poor sanitation, and inadequate food and health care as major problems in prisons and detention centers. It stated torture was widespread and that most prisoners and detainees lived in degrading and inhuman conditions. From January to August, the MHRC received one complaint regarding the rights of prisoners. NGOs attributed the low number of submitted complaints was due to fear of retaliation by authorities.

Independent Monitoring: The government permitted domestic and international NGOs and media to visit and monitor prison conditions and donate basic supplies. Domestic NGOs, the Malawi Red Cross Society, and diplomatic representatives had unrestricted access to prisons.

The constitution and law prohibit arbitrary arrest and detention; however, the government did not always observe these prohibitions. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court but does not provide for compensation if the person is found to have been unlawfully detained. Lack of knowledge of statutes and of access to representation meant detainees did not challenge the legality of their detention.

Police apprehended most suspects without a warrant if they had reasonable grounds to believe a crime was being or had been committed. Only in cases involving corruption or white-collar crime were arrest warrants normally issued by a duly authorized official based on evidence presented. The law provides detainees the right to have access to legal counsel and be released from detention or informed of charges by a court within 48 hours of arrest; however, authorities often ignored these rights. The use of temporary remand warrants to circumvent the 48-hour rule was widespread. Police frequently demanded bribes to authorize bail. Bail was often granted to reduce overcrowding in jails, rather than on the basis of legal merit. Relatives were sometimes denied access to detainees. There were no reports detainees were held incommunicado or held under house arrest.

Detainees who could afford counsel were able to meet with counsel in a timely manner. While the law requires the government to provide legal services to indigent detainees, such aid was provided almost exclusively to suspects charged with homicide. The Legal Aid Bureau is mandated to provide legal assistance to indigent persons. As of December 2019, the bureau had 23 lawyers and 29 paralegals in its three offices, located in the largest cities: Lilongwe, Blantyre, and Mzuzu.

The Center for Human Rights Education, Advice, and Assistance assisted 803 persons detained at police stations and in prisons through its Malawi Bail Project, camp courts, police cell visits, and paralegal aid clinic to expedite their release. During the year the Paralegal Advisory Service Institute (PASI) reached out to 22,499 detainees, for 17,880 of whom it succeeded in obtaining release. PASI and the Center for Legal Assistance, both NGOs that assist prisoners with legal matters, provided limited free legal assistance to expedite trials of detainees. Priority was given to the sick, the young, mothers with infants, persons with disabilities, and those in extended pretrial detention.

Arbitrary Arrest: The constitution and law prohibit arbitrary arrest, unlawful detention, or false arrest. Although sections of the penal code pertaining to rogues and vagabonds used in the past to make arbitrary arrests were struck down as unconstitutional, police made arrests based on other provisions, such as conduct likely to cause breach of peace and obstruction of police officers. Although prostitution is legal, living off the proceeds of prostitution is illegal; police regularly harassed sex workers.

Pretrial Detention: Of the total prison population of approximately 14,000 inmates, an estimated 2,500, or 18 percent, were in pretrial detention. Despite a statutory 90-day limit on pretrial detention, authorities held most homicide suspects in detention for two to three years before trial. There was evidence some homicide detainees remained in prison awaiting trial for much longer periods, but reliable information on the number and situation of these detainees was unavailable.

To reduce case backlog and excessive pretrial detention, certain cases were directed to local courts and camp courts organized by civil society groups to expedite cases by having magistrates visit prisons to adjudicate cases. Paralegals gathered cases of pretrial detainees awaiting trial for excessive periods, who were held unlawfully, or who had been granted bail but were unable to meet the terms set by the court. Magistrates, along with the court clerk and police prosecutor, worked through the list, granting bail to some, reducing bail for others, dismissing cases, or setting trial dates.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. The judicial system, however, was inefficient and handicapped by serious weaknesses, including poor recordkeeping; a shortage of judges, attorneys, and other trained personnel; heavy caseloads; and corruption. The slow-moving judicial system, including extensive delays due to motion practice (a three-step court order request), a low bar for granting injunctions, judge shopping, prosecutorial delay tactics, recusals, and lawyers and witnesses not being present on trial dates, undermined the government’s ability to dispense justice.

The Malawi Defense Force conducts courts-martial but not military or security tribunals. Used more frequently than courts-martial is a nonjudicial procedure under which cases are dealt with summarily by senior officers without a formal trial process. In both procedures military personnel are entitled to the same rights as persons accused in civilian courts.

The constitution and law provide for the right to a fair public trial, and an independent judiciary generally enforced this right.

Defendants are presumed innocent. The constitution and law require a court to inform an accused of charges within 48 hours of arrest, with free assistance of an interpreter if necessary. Defendants have the right to be present at their trial, to have an attorney, and, if indigent, an attorney provided at state expense, but such assistance was usually limited to homicide cases. Defendants have the right to challenge prosecution or plaintiff evidence and witnesses and present their own witnesses and evidence. By law they may not be compelled to testify or confess guilt. The law does not specify a length of time for the accused to prepare a defense. The slow pace of trials affords defendants adequate time to prepare, but not to adequate facilities due to insufficient prison system funding. All persons have the right of appeal; however, appeals often were delayed for years and sometimes never addressed by a higher court.

The judiciary’s budgetary and administrative problems led to backlogs that effectively denied expeditious trials for most defendants and kept some defendants in pretrial detention for long periods. Recruitment and retention of government attorneys remained a problem. Police prosecutors with limited legal training prosecuted most criminal cases. The Directorate of Public Prosecutions in the Ministry of Justice customarily tried high-profile cases and those involving the most serious offenses. The directorate had 19 prosecuting attorneys supported by 17 paralegals, who also prosecuted certain lower court cases. COVID-19 pandemic restrictions caused trial delays.

There were no reports of political prisoners or detainees.

There is an independent and impartial judiciary in civil matters, and citizens have access to a court to submit lawsuits seeking damages for, or cessation of, human rights violations. Individuals and organizations may appeal adverse domestic decisions to regional courts. The law provides for administrative and judicial remedies for alleged wrongs; however, a lack of legal professionals restricted the number of human rights cases pursued and resulted in a large backlog. As of November there were only 588 licensed legal practitioners in a country of more than 18 million inhabitants.

The constitution and law prohibit such actions, but the government did not always respect these prohibitions.

The law permits police officers of the rank of subinspector or higher to conduct searches without a court warrant if they have reasonable grounds to believe they could not otherwise obtain something needed for an investigation without undue delay. Before conducting a search without a warrant, the officer must write a reasonable-grounds justification and give a copy to the owner or occupant of the place to be searched.

Mozambique

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were numerous credible reports by media and international human rights organizations that the government or its agents committed arbitrary or unlawful killings. Most reports named security forces, particularly the Armed Forces of Mozambique (FADM) operating in Cabo Delgado Province, while others identified National Police (PRM) and the Rapid Intervention Unit (UIR) members as perpetrators. The Attorney General’s Office is responsible for investigating and prosecuting perpetrators of security force killings deemed unjustifiable; however, the government failed to investigate many reports of abuses.

There were numerous abuses similar to the following examples. Although a lack of access to Cabo Delgado Province impeded verification by media and human rights organizations, media reported security forces shot and killed between 18 and 48 civilians on small boats in the vicinity of Ibo Island between April 12 and 21. On April 12, individuals wearing FADM uniforms reportedly shot and killed 12 fishermen and merchants and looted their ships’ cargo. On April 23, the president stated security forces in Cabo Delgado Province might have “unintentionally” violated human rights in combatting violent extremists. On September 14, a video emerged on social media showing armed, uniformed men walking on a paved road in a rural area following a naked woman and yelling “Shabaab,” the local name for ISIS-Mozambique. She was beaten with a stick and shot several times. The president and senior officials claimed that the terrorist groups in Cabo Delgado Province had created the video as part of a misinformation campaign and that an investigation had been opened. No details or results of an investigation had been released by year’s end.

Police were accused of arbitrary and sometimes violent enforcement of the COVID-19 state of emergency orders issued by the president on April 1. For example, on April 21, in Sofala Province, media reported that two PRM officers beat a resident to death for threatening to film them playing soccer after they broke up a match in which players had violated social distancing rules. On April 23, the officers involved were arrested, and the PRM announced it would investigate the incident and apply disciplinary measures if warranted. The PRM had not released further information on the case by year’s end.

On June 17, six police officers of the Gaza Province UIR and the Gaza Special Operations Unit were convicted of murder for the October 2019 killing of civil society leader Anastacio and were sentenced to prison terms ranging from two to 24 years.

Human rights organizations and the government stated violent extremists in Cabo Delgado Province committed human rights abuses against civilians that included beheadings, kidnappings, and use of child soldiers. From January to November, there were an estimated 1,484 fatalities in Cabo Delgado Province, of which 602 resulted from targeted extremist violence against civilians and 109 resulted from security force violence against civilians. Extremists also abducted civilians during village raids. Security force responses to this violence was often heavy handed, including arbitrary arrest and detention and extrajudicial killings of suspected violent extremists and civilians.

There were numerous abuses reported by media similar to the following example. On September 30, extremists beheaded seven persons, shot and killed another seven, and tortured others during a two-week period. Extremists also posted videos depicting the mutilation of corpses of security force members.

There were reports of disappearances by or on behalf of civilian or military authorities.

According to media, in March activist Roberto Abdala, who worked for the land rights nongovernmental organization (NGO) Centro Terra Viva (the Living Earth Center) disappeared in the northern city of Palma. Abdala remained missing at year’s end.

On April 9, independent online newspaper Carta de Mocambique reported that military members abducted independent journalist Ibraimo Mbaruco in Cabo Delgado Province. On April 7, Mbaruco’s last communication was a text message stating he was surrounded by military members. On April 27, Augusto Guta, police public relations head in Cabo Delgado Province, stated police were searching for Mbaruco and requested the public’s help locating him. Mbaruco’s whereabouts remained unknown at year’s end.

The constitution and law prohibit such practices, but international and domestic human rights groups reported mistreatment of detainees, specifically those detained in Cabo Delgado Province as a result of counterterrorism operations. At least two videos surfaced that showed security forces physically abusing terrorist suspects. For example, in August a video appeared showing alleged government security force members caning three terrorist suspects; one suspect appeared to have been caned to death. In September the government stated it had opened an investigation into the matter. No additional information was available by year’s end.

According to human rights activists, impunity was a significant problem within the security forces, particularly forces operating in Cabo Delgado Province. A weak judicial system contributed to impunity, including a lack of capacity to investigate cases of abuse and to prosecute and try perpetrators. The Human Rights Commission is mandated to investigate allegations of abuses. The government did not provide widespread or systemic training increase respect for human rights and prevent abuses by security force members.

Prison conditions remained harsh and potentially life threatening in most areas due to gross overcrowding, inadequate sanitary conditions, and limited medical care.

Physical Conditions: Government officials and civil society organizations cited as serious problems overcrowding, poor nutrition, poor hygiene and medical care, the inclusion of juvenile prisoners in adult facilities, and convicted and untried prisoners sharing cells. Almost all prisons dated from the pre-1975 colonial era, and many were in an advanced state of dilapidation. The attorney general’s annual report to parliament issued in May cited overcrowding and degradation of infrastructure as threats to the security, rehabilitation, and human rights of prisoners. The Attorney General’s Office (PGR) acknowledged an acute shortage of prison facilities and that lack of adequate facilities contributed to the abuse of detainees. According to the PGR, prisons were 232 percent above capacity with 19,789 prisoners occupying space for only 8,498.

On April 6, parliament approved an amnesty law in response to COVID-19 that provided for the release of prisoners convicted of minor offenses to ease overcrowding in the National Penitentiary Service. Media reported the release of approximately 5,000 detainees.

Juvenile detainees were held in preventive detention with adult prisoners. Inmates with disabilities often shared cells with other prisoners. No information was available on deaths in prison, jails, pretrial detention, or other detention centers attributed to physical conditions, including on whether authorities took remedial action.

Administration: Although no formal system specific to prisons existed for receiving or tracking complaints, prisoners were free to contact the PGR, the national ombudsman, or NGOs with complaints.

Independent Monitoring: International and domestic human rights groups had access to prisoners at the discretion of the Ministry of Justice, Constitutional, and Religious Affairs and the Ministry of the Interior, and permission to visit prisoners was generally granted. The Mozambican Human Rights League and the National Commission on Human Rights (CNDH) had a high degree of access to prisons run by the Ministry of Justice, Constitutional, and Religious Affairs.

The constitution and law prohibit arbitrary arrest and detention and provide for the right to challenge the lawfulness of arrest or detention in court. The government generally observed these requirements; however, civil society groups reported security forces repeatedly arrested and detained persons, including journalists and civil society activists in northern Cabo Delgado Province on unsubstantiated charges of involvement in extremist violence or property destruction.

Apart from operations countering extremist violence in northern Cabo Delgado Province, authorities generally did not detain suspects without judicial authorization. By law judges or prosecutors must first issue an arrest warrant unless a suspect is caught in the act of committing a crime. The maximum length of investigative detention is 48 hours without a warrant or six months with a warrant, during which time a detainee has the right to judicial review of the case. A detainee may be held another 90 days if the National Criminal Investigation Service continues its investigation. A person accused of a crime carrying a potential maximum sentence if convicted of more than eight years’ imprisonment may be detained up to an additional 84 days without being formally charged. A court may approve two additional 84-day periods of detention without charge while police complete their investigation. The detainee must be released if no charges are brought within the prescribed period for investigation. Authorities, however, did not always respect these legal requirements.

The law provides for citizens’ right to access the courts and the right to legal representation, regardless of ability to pay for such services. Indigent defendants, however, frequently received no legal representation due to a shortage of legal professionals willing to work without charge. There were no reports of suspects held incommunicado or under house arrest.

The bail system remained poorly defined.

Pretrial Detention: Lengthy pretrial detention continued to be a serious problem due to a lack of judges and prosecutors and poor communication among authorities.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. Some civil society groups asserted, however, that the executive branch and ruling Front for the Liberation of Mozambique Party (Frelimo) exerted influence on an understaffed and inadequately trained judiciary, especially in politically sensitive national security cases where extremist suspects were accused of violent crimes in Cabo Delgado Province.

The constitution and law provide for the right to a fair and public trial without undue delay, and the judiciary generally enforced this right. Courts presume accused persons innocent, and defendants have the right to be informed promptly and in detail of the charges. By law defendants are entitled to a fair, timely, and public trial, and the right to be present at their trial. Defendants enjoy the right to communicate with an attorney of their choice, and the law specifically provides for public defenders for all defendants, although this did not always happen. While defendants have adequate time to prepare a defense, they often do not have adequate facilities to do so. Defendants also have the right to free interpretation as necessary, and authorities generally did not deny persons these rights. Convicted persons may appeal lower court decisions to a higher court.

By law only judges or lawyers may confront or question witnesses. A defendant may present witnesses and evidence on their own behalf. The government generally upheld such rights. Defendants may not be compelled to testify or confess guilt.

Persons accused of crimes against the government, including treason or threatening national security, are tried in open civilian courts according to standard criminal judicial procedures. Members of media and the general public attended trials throughout the year; however, a judge may order a trial closed to media in the interest of national security, to protect the privacy of the plaintiff in a sexual assault case, or to prevent interested parties outside the court from destroying evidence.

There were no reports of political prisoners or detainees.

Individuals or organizations may seek civil remedies for human rights abuses through domestic courts. By law citizens may file lawsuits through the Office of the Ombudsman, the CNDH, and the Mozambican Bar Association seeking cessation of human rights abuses, damages for abuses, or both. The country is a signatory to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights.

The Office of the Ombudsman is constitutionally designated as guarantor of citizens’ legal rights in dealings with the government. Citizens may file complaints with the Ombudsman’s Office. Each complaint is reviewed and an investigation initiated if the Ombudsman’s Office judges it legitimate.

The constitution and law prohibit arbitrary or unlawful interference with privacy, family, home, or correspondence; however, there were reports the government at times failed to respect the privacy of personal communications, particularly those of civil society activists and journalists. There were no reports authorities entered homes without judicial or other appropriate authorization. Some civil society activists stated government intelligence services and operatives of the ruling party monitored telephone calls and emails without warrants, conducted surveillance of their offices, followed opposition members, used informants, and disrupted opposition party activities in certain areas.

Namibia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There was one report that the government or its agents committed arbitrary or unlawful killings. The Namibian Police Force (NamPol) conducts internal investigations of police misconduct and presents its findings to the Office of the Prosecutor-General, which determines whether to pursue charges.

On March 17, the government instituted COVID-19 state-of-emergency measures, including travel restrictions, a curfew, restrictions on public gatherings and business activity, and mandatory supervised quarantines for confirmed COVID-19 cases, known contacts, and for travelers returning from abroad. There was one case of police using excessive force that led to a fatality. Media reported that two police officers beat to death street vendor David Tuhafeni at Oyongo village in a dispute that escalated during enforcement of a COVID-19 state-of-emergency measure closing informal markets. The two unidentified officers were charged with murder, arraigned at Ohangwena Magistrate’s Court, and released on bail. A trial date had yet to be set by year’s end.

There were no reports of disappearances by or on behalf of government authorities.

The constitution and law prohibit such practices, but the law does not define “torture” or separately classify it as a crime. Torture is prosecuted as a crime under legal provisions such as assault or homicide. The Office of the Ombudsman received one report of police mistreatment of detainees. The report alleged that the denial of visitation rights during the COVID-19 state of emergency constituted mistreatment. There were two reports of Namibian Defense Force (NDF) members beating suspects. Additionally, images showing NamPol officers beating detained illegal immigrants were released online by local newspaper The Namibian Sun.

Impunity was not a significant problem in the security forces; however, delays in investigation of allegations of misconduct and in the filing of charges and adjudication of cases meriting prosecution contributed to a perception of impunity. Most cases cited by civil society advocates were pending trial at year’s end.

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: Conditions in detention centers and police holding cells remained poor. Conditions were often worse in pretrial holding cells than in prisons. Human rights bodies and government officials reported overcrowding in holding cells. Most prisons, however, were not overcrowded.

In pretrial holding cells, sanitation and medical assistance were inadequate. Tuberculosis was prevalent.

Prison and holding-cell conditions for women were generally better than for men. Authorities permitted female prisoners to keep their infants with them until age two and provided food and clothing for the infants.

There were limited programs to prevent HIV transmission in prisons.

The law does not permit holding juvenile offenders with adults. Prison authorities reported they generally confined juvenile offenders separately, but police occasionally held juveniles with adults in rural detention facilities due to a lack of separate facilities for juveniles.

Administration: The Office of the Ombudsman, an independent authority, investigated credible allegations of inhuman conditions, and the office reported close cooperation with police in resolving complaints and responding promptly to inquiries.

Independent Monitoring: The government granted local and international nongovernmental organizations (NGOs) access to prisons and prisoners. Representatives from the Office of the Ombudsman visited prisons and pretrial detention facilities.

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of that person’s arrest or detention in court. The government generally observed these requirements.

Arrest warrants are not required in all cases, including when authorities apprehend a suspect in the course of committing a crime. Authorities must inform detained persons of the reason for their arrest, and police generally informed detainees promptly of the charges against them. Authorities must arraign arrested persons within 48 hours of their detention. The government did not always meet this requirement, especially in rural areas far from courts. The constitution stipulates the accused are entitled to defense by legal counsel of their choice, and authorities respected this right.

There was a functioning bail system. Officials generally allowed detainees prompt access to family members. The constitution permits detention without trial during a state of emergency but requires publication of the names of detainees in the government’s gazette within 14 days of their apprehension. An advisory board appointed by the president on the recommendation of the Judicial Service Commission (the constitutional body that recommends judges to the president for appointment) must review cases within one month of detention and every three months thereafter. The constitution requires such advisory boards to have no more than five members, at least three of whom must be “judges of the Supreme Court or the High Court or qualified to be such.” The advisory board has the power to order the release of anyone detained without trial during an emergency.

Pretrial Detention: Lengthy pretrial detention remained a problem. According to the Namibian Correctional Service, approximately 3 percent of the inmate population is in pretrial detention, and the average length of time inmates are held before trial is four years. A shortage of qualified magistrates and other court officials, the inability of many defendants to afford bail, the lack of a plea-bargaining system, slow or incomplete police investigations, the frequency of appeals, and procedural postponements resulted in a large backlog in prosecuting criminal cases. Delays between arrest and trial could last for years. There were lengthy delays in criminal appeals as well. According to the Office of the Prosecutor General, however, pretrial detention did not exceed the maximum sentence for conviction of an alleged crime. Defendants found guilty of a crime and sentenced to imprisonment are credited with time served in pretrial detention.

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Authorities respected and enforced court orders.

The law delineates the offenses the customary system may handle. Customary courts may hear many civil and petty criminal cases in rural areas. Customary courts deal with infractions of local customary law by members of the same ethnic group. The law defines the role, duties, and powers of traditional leaders and states customary law inconsistent with the constitution is invalid. Cases resolved in customary courts were sometimes tried a second time in civil or criminal courts.

The constitution and law provide for the right to a fair and public trial, and the government generally respected judicial independence. Nevertheless, long delays in courts hearing cases and the uneven application of constitutional protections in the customary system compromised this right. Defendants are presumed innocent. The law provides for defendants to be informed promptly and in detail of the charges against them, in a language they understand, and of their right to a fair, timely, and public trial.

All defendants have the right to be present at trial and to consult with an attorney of choice in a timely manner. Defendants receive free interpretation as necessary starting with their first court appearance through all appeals. Indigent defendants are entitled to a lawyer provided by the state in criminal and civil cases; however, this sometimes did not occur due to an insufficient number of public defenders, insufficient state funds to pay private lawyers to represent indigent defendants, or because the state-funded Legal Aid Directorate did not accept the application for representation from a defendant. The Legal Aid Directorate provided free legal assistance to indigent defendants in criminal cases and, depending on resource availability, in civil matters.

Defendants may confront witnesses and present witnesses and evidence on their own behalf. The law extends these rights to all citizens. The courts provided defendants with adequate time and facilities to prepare their defense. Defendants have the right not to testify against themselves or be forced to confess guilt. Convicted individuals have the right to appeal adverse decisions.

There were no reports of political prisoners or detainees.

The law provides for access to a court for lawsuits seeking damages for or cessation of human rights violations. The constitution provides for administrative procedures and judicial remedies to redress wrongs. Civil and criminal court orders were mostly well enforced.

The constitution prohibits such actions, and there were no reports the government failed to respect these prohibitions.

São Tomé and Príncipe

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports the government or its agents committed arbitrary or unlawful killings. The trial was pending of a government security agent charged with homicide for killing a man in police custody in 2018. He remained under house arrest on full salary.

There were no reports of disappearances by or on behalf of government authorities.

The constitution and law prohibit such practices. In previous years there were reports of police using physical force, including beatings, against persons who resisted arrest.

Although not life threatening, prison conditions were harsh due to overcrowding, inadequate medical care, and failing infrastructure.

Physical Conditions: There was one prison in the capital city, and no separate jails or detention centers elsewhere in the country. Authorities held pretrial and convicted prisoners together. Minors were held together with adults. Female prisoners were held in a separate part of the prison. The needs of prisoners with disabilities went unmet. Police stations had a small room or space to incarcerate detainees for periods under 72 hours. There were no reported prisoner deaths. The prison was originally built for 200 inmates but continued to be moderately overcrowded.

Medical care was poor, and the prison lacked basic medicines. It had two doctors on staff, as well as one full-time nurse and two assistant nurses. Prisoners with medical emergencies were taken to the national hospital. Food and sanitation often were inadequate. Some rooms were so decrepit they were unusable. High temperatures were typical, and ventilation was insufficient.

Administration: Legal representatives from the prosecutor’s staff and court personnel were available to address prisoner grievances. Prisoners and detainees may submit complaints without censorship and request investigation of allegations of inhuman conditions. None was submitted during the year.

Independent Monitoring: The government permitted human rights monitors to visit the prison as well as family members and church and charitable organization representatives, who often provided food, soap, and other necessities to prisoners.

The constitution and law prohibit arbitrary arrest and detention. They provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court and obtain prompt release and compensation if unlawfully detained. The government generally observed these requirements.

The law requires arrest warrants issued by a judge to apprehend suspects unless the suspect is caught in the act of committing a crime. The law also requires the government to file charges within 48 hours of detention, and authorities generally respected this requirement. Authorities informed detainees promptly of charges against them and allowed them access to family members. There is a functioning bail system. Authorities allowed detainees prompt access to a lawyer and the state provided indigent defendants with one at no cost.

Pretrial Detention: Lengthy pretrial detention continued to be a problem in some criminal cases. Approximately one-fifth of inmates (52) were pretrial detainees. An understaffed and inefficient judicial system added to the delay. Due to space limitations, the prison held pretrial detainees together with convicted criminals. The former finance minister Americo Ramos and the former director of water and electricity enterprise Mario Sousa, both members of the opposition party, stood accused of political corruption. Ramos was arrested in April and released from pretrial detention in July. Sousa was arrested in May but was not held in pretrial detention. They both continued to await trial at year’s end.

Although the constitution and law provide for an independent judiciary, the judicial system in some cases appeared subject to political influence or manipulation.

The constitution and law provide for the right to a fair and public trial. Under a judicial system based on the Portuguese model, a judge rather than a jury tries the accused. The constitution provides for the right of appeal, the right to legal representation, and, if a person is indigent, the right to an attorney provided by the state. The bar association provided lawyers who were paid a nominal fee by the government. The law presumes defendants to be innocent. They have the right to be present at their trial, confront witnesses, and present evidence and witnesses on their own behalf. Defendants received adequate time and facilities to prepare a defense. They were not compelled to testify or confess guilt. Authorities must inform defendants in detail of the charges against them within 48 hours of arrest and provide them with free interpretation as necessary from the moment charged through all appeals.

There were no reports of political prisoners or detainees.

By law individuals and organizations may seek civil remedies for human rights abuses through the criminal and civil courts system. Plaintiffs may file lawsuits seeking damages for human rights violations; there are also administrative remedies for alleged wrongs. There is no regional body, however, to which individuals and organizations may appeal adverse court rulings.

The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions.

South Africa

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were several reports that the government or its agents committed arbitrary or unlawful killings.

Police use of lethal and excessive force, including torture, resulted in numerous deaths and injuries, according to the Independent Police Investigative Directorate (IPID), Amnesty International, and other nongovernmental organizations (NGOs). Watchdog groups noted deaths in custody often resulted from physical abuse combined with a lack of subsequent medical treatment or neglect (see section 1.c.).

NGOs criticized the use of excessive force by the South African Police Service (SAPS) and the South African National Defense Force (SANDF) to enforce lockdown measures that began in March. On April 10, police and defense force members beat to death Collins Khosa after allegedly finding alcohol on his property. On May 31, the North Gauteng High Court ordered the suspension of officers involved and ordered the Ministry of Police to issue lockdown use-of-force guidelines to respect human rights in accordance with South African law and international treaty obligations. On August 26, SAPS officers shot and killed unarmed 16-year-old Nathaniel Julies, who had Downs’ syndrome. Police allegedly took this action because he did not respond to questioning. Following rioting and clashes with police, three officers were arrested and charged with murder. One officer was released on bail, and the other two remained incarcerated at year’s end.

Courts convicted few perpetrators of political violence. Media and NGOs claimed the vast majority of killings resulted from local-level intraparty African National Congress (ANC) disputes, often in the context of competition for resources or as revenge against whistleblowers who uncovered corruption.

In 2018 the Moerane Commission, which then KwaZulu-Natal Province premier Willies Mchunu established to investigate political killings, published a report that identified ANC infighting, readily available hitmen, weak leadership, and ineffective and complicit law enforcement agencies as key contributing factors to the high rate of political killings. There were numerous reported political killings at a local level similar to the following example. In June an ANC councilor for the Umlazi Township, Bhekithemba Phungula, and two other party leaders in KwaZulu-Natal townships were killed.

There were no reports of disappearances by or on behalf of government authorities.

Although the constitution and law prohibit such practices, there were reports of police use of torture and physical abuse during house searches, arrests, interrogations, and detentions, some of which resulted in death. The NGO Sonke Gender Justice reported that almost one-third of sex workers interviewed stated police officers had raped or sexually assaulted them.

Impunity was a significant problem in the security forces. The factors contributing to widespread police brutality were a lack of accountability and training.

As of October 30, the United Nations reported three allegations against South African peacekeepers, a reduction from six allegations in 2019. According to the Conduct in UN Field Missions online portal, since 2015 there have been 37 allegations of sexual exploitation and abuse against 43 peacekeepers from South African units deployed to the UN Stabilization Mission in the Democratic Republic of the Congo. Of the 37 allegations, the South African government had not reported taking accountability measures in 12 of the cases, including the three cases reported during the year, three from 2019, three from 2018, and three from 2017. One of these cases involved rape of a child, four involved transactional sex with one or more adults, six involved an exploitative relationship with an adult, and one involved sexual assault of an adult. In six of the open cases, the South African government, the United Nations, or both substantiated the allegations and the United Nations had repatriated the peacekeepers. According to the United Nations, South African authorities continued to investigate the other six open cases.

Since 2018 remedial legislation to address peacekeeper abuses has been pending.

Prison conditions were harsh due to overcrowding, poor sanitation, inadequate medical care, disease (particularly tuberculosis), inmate-on-inmate rape, and physical abuse, including torture.

Physical Conditions: According to civil society groups, gross overcrowding of prisons was a problem. In September 2019 the Department of Correction Services (DCS) deputy commissioner reported to a parliamentary committee the country had approximately 43,000 more inmates than beds in correctional facilities. In December 2019 the release of 15,911 low-risk inmates under a special presidential remission order reduced overcrowding by 28 percent. According to the Department of Correctional Services Annual Report 2019/2020, the total inmate population declined by 6 percent from 162,875 inmates in 2019 to 154,449 inmates in May, and the number of children held in correctional facilities declined by more than 80 percent to 0.1 percent of the total inmate population.

During enforcement of COVID-19 lockdown regulations, a rise in arrests increased crowding in prisons and pretrial detention centers. Prisoners at the Johannesburg Correctional Center complained to media and civil society organizations of inadequate social distancing, a lack of masks and other protective measures, and inadequate testing for COVID-19. Cells built to hold 36 inmates with one toilet held 70 inmates. On May 8, the president ordered the release of 19,000 inmates to reduce prison overcrowding during the pandemic.

Prisons generally held pretrial detainees with convicted prisoners, although in some large urban areas dedicated pretrial facilities were available.

Media and NGOs continued to report instances in which prisoners were seriously abused. According to the Independent Police Investigative Directorate Report 2019/2020, deaths in police custody (237 cases) increased by 11 percent from 2018/2019. There were 120 reported inmate rapes by police officers, 216 reports of torture, and reports of assault.

There were reports of shortages of prison doctors, inadequate investigation and documentation of prisoner deaths, inadequate monitoring of the prison population, and high prisoner suicide rates. The DCS required doctors to complete and sign reports of inmate deaths to lessen the incidence of deaths caused by neglect being reported as due to natural causes.

In February 2019 the Judicial Inspectorate for Correctional Services launched an investigation into a violent incident at St. Albans Prison Correctional Center (Eastern Cape Province) that left an inmate dead and a prison guard injured. The investigation continued at year’s end.

Food, sanitation, and health care in prisons and detention centers were inadequate. Prisons provided inmates with potable water, but supplies and food were occasionally inadequate, and sanitation was poor. Most cells had toilets and basins but often lacked chairs, adequate light, and ventilation.

NGOs reported some mentally ill inmates who had committed no crime or other infraction were incarcerated rather than being cared for in a mental-health facility. Such prisoners also were often denied medical services. According to the Commission for Gender Equality, some mentally ill female prisoners were straitjacketed and kept in solitary confinement.

Administration: Authorities did not always conduct proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government usually permitted monitoring by independent nongovernmental observers of prison conditions, including visits by the International Committee of the Red Cross.

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of arrest or detention in court. The government generally observed these requirements; however, there were numerous cases of arbitrary arrest of foreign workers, asylum seekers, and refugees.

The law requires that a judge or magistrate issue arrest warrants based on sufficient evidence. Police must promptly inform detainees of the reasons for their detention, their right to remain silent, and the consequences of waiving that right. Police must charge detainees within 48 hours of arrest; hold them in conditions respecting human dignity; allow them to consult with legal counsel of their choice at every stage of their detention (or provide them with state-funded legal counsel); and permit them to communicate with relatives, medical practitioners, and religious counselors. The government often did not respect these rights. Police must release detainees (with or without bail) unless the interests of justice require otherwise, although bail for pretrial detainees often exceeded what suspects could pay.

Arbitrary Arrest: During the year there were numerous cases of arbitrary arrest, particularly of foreign workers, asylum seekers, and refugees. NGOs and media outlets reported security forces arbitrarily arrested migrants and asylum seekers–including those with proper documentation–often because police were unfamiliar with migrant and asylum documentation. In some cases police threatened documented migrants and asylum seekers with indefinite detention and bureaucratic hurdles unless they paid bribes. The law prohibits the detention of unaccompanied migrant children for immigration law violations, but NGOs reported the Department of Home Affairs (DHA) and SAPS nevertheless detained them.

Legal aid organizations reported police frequently arrested persons for minor crimes for which the law stipulates the use of a legal summons. Arrests for offenses such as common assault, failure to provide proof of identity, or petty theft sometimes resulted in the unlawful imprisonment of ordinary citizens alongside hardened criminals, which created opportunities for physical abuse. Human rights activists condemned the arrests and complained some of the individuals were undocumented because the DHA failed to reopen a refugee center in Cape Town, despite a court order. In October 2019 hundreds of refugees and asylum seekers encamped outside the offices of the UN High Commissioner for Refugees (UNHCR) in Cape Town and Pretoria, claiming they were not safe in South Africa, demanding resettlement to third countries. In October 2019 SAPS removed protesters from UNHCR’s Cape Town office and in November 2019 from the UNHCR Pretoria office. Approximately 180 male protesters were arrested, charged, and convicted of trespassing on the UNHCR compound, most of whom received suspended sentences and were released. As of November approximately 60 protesters remained in prison, having rejected the option of release.

Pretrial Detention: Lengthy pretrial detention was common. According to the Department of Correctional Services 2019-2020 Annual Report the pretrial population averaged 47,233 detainees, 33 percent of the total inmate population. According to the DCS, detainees waited an average of 176 days before trial. Observers attributed the high rate of pretrial detention to arrests based on insufficient evidence for prosecution, overburdened courts, poor case preparation, irregular access to public defenders, and prohibitive bail amounts. Police often held detainees while prosecutors developed cases and waited for court dates. Legal scholars estimated less than 60 percent of those arrested were convicted. The law requires a review in cases of pretrial detention of more than two years’ duration. The pretrial detention frequently exceeded the maximum sentence for the alleged crime.

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality. There were numerous reports of lost trial documents, often when the accused was a government official. NGOs stated judicial corruption was a problem.

Government agencies sometimes ignored orders from provincial high courts and the Constitutional Court.

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Criminal defendants enjoy the right to a presumption of innocence; to be informed promptly of the charges; to a fair, timely, and public trial; to be present at their trial; to communicate with an attorney of their choice or have one provided at public expense if unable to pay; to have adequate time and facilities to prepare a defense; to free assistance of an interpreter; to confront prosecution or plaintiff witnesses and present their own witnesses and evidence; and not to be compelled to testify or confess guilt. Police did not always inform detainees promptly and in detail of the charges against them, nor did they always accurately complete corresponding paperwork. Provision of free interpreter assistance depended on availability and cost. Limited access to interpreters sometimes delayed trials. According to civil society groups, interpretation standards were low and sometimes compromised the accuracy of exchanges between a defendant and officers of the court. Judges sometimes transferred cases from rural to urban areas to access interpreters more easily.

Although detainees and defendants have the right to legal counsel provided and funded by the state when “substantial injustice would otherwise result,” this right was limited due to a general lack of information regarding rights to legal representation and inadequate government funding of such legal services. There is no automatic right to appeal unless a convicted individual is younger than 16, but courts may give defendants permission to do so. Additionally, the law provides for the High Court to review magistrate court sentences exceeding six months.

There were no reports of political prisoners or detainees.

Individuals and organizations may seek civil remedies for human rights violations through domestic courts, including equality courts designated to hear matters relating to unfair discrimination, hate speech and harassment, and the South African Human Rights Commission, but the government did not always comply with court decisions. Individuals and organizations may not appeal domestic court decisions to the African Court on Human and Peoples’ Rights, because the government does not recognize the competence of the court.

The constitution and law prohibit such actions. There were no reports the government failed to respect these prohibitions. Civil society organizations raised concerns government management of the COVID-19 pandemic employed telephonic contact tracing that violated privacy rights. In April the government issued amended disaster management regulations. While the regulations recognized the right to privacy, the government urged citizens to make concessions until pandemic emergency measures were no longer necessary.

Zambia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were numerous reports government agents committed arbitrary and unlawful killings similar to the following examples. On February 13, police in Lusaka shot and wounded two protesters and shot and killed a boy age 14 during a peaceful demonstration against police violence and use of excessive force. Police spokesperson Ester Katongo stated no police officer would be charged because the killing of the boy was “by mistake.” Minister of Home Affairs Stephen Kampyongo justified police use of live ammunition to restore order. The Human Rights Commission (HRC)–an independent constitutional body–criticized the minister’s statement as indirectly encouraging the use of lethal force against peaceful demonstrators. On September 27, a police officer shot and killed Timothy Zulu of Kamanga age 17 as he fled police enforcement of COVID-19 pandemic curfew restrictions at a Lusaka nightclub. The police officer responsible for the killing was charged with murder. His case was pending trial at year’s end.

On April 9, the Livingstone High Court convicted police officers Marstone Simweene and Muyunda Mufungulwa of the 2018 murder of Lemmy Mapeke at Macha Police Post in Choma and sentenced them to death. The conviction was under appeal at year’s end. On April 23, the Lusaka High Court awarded substantial compensation to the family of University of Zambia student Vespers Shimuzhila due to police negligence in her 2018 death. Shimuzhila died from “asphyxia due to smoke” from a fire in her dormitory room caused by errant teargas canisters shot by police during a student demonstration.

There were no reports of disappearances by or on behalf of government authorities.

The constitution prohibits cruel, inhuman, or degrading treatment or punishment; however, no law addresses torture specifically. Local media reported police used arbitrary and excessive force to enforce public health regulations implemented to prevent the spread of COVID-19. According to the nongovernmental organization (NGO) Chapter One Foundation, police routinely beat individuals found frequenting bars and other commercial locations in violation of COVID-19 restrictions.

 

Impunity was a significant problem within the security forces, particularly police, and was especially common during the COVID-19 pandemic. The factors that contributed to impunity were a lack of training in, understanding of, and respect for human rights. The HRC investigates allegations of abuse. According to the HRC, police frequently used disproportionate force. On June 11, the Zambia Police Service with the HRC and UN Development Program assistance instituted COVID-19 standard operating enforcement procedures that provide for the enforcement of COVID-19 measures by security and law enforcement officers in a manner that safeguards human rights.

Physical conditions in prisons and detention centers remained harsh and life threatening due to overcrowding, frequent outbreaks of disease, food and potable water shortages, poor sanitation, and inadequate medical care.

Physical Conditions: Overcrowding in prisons and other detention facilities remained a problem. According to the HRC, other than the Mwembeshi, Monze, and Kaoma prisons constructed in recent year, prisons were in a “deplorable” state and exceeded capacity by 300 per cent. The NGO Prisons Care and Counseling Association (PRISCCA), congestion due to a slow-moving judicial system, outdated laws, and increased incarceration due to higher numbers of prosecutions of petty offenses. Other factors included limitations on magistrates’ powers to impose noncustodial sentences, a retributive police culture, and poor bail and bonding conditions. Indigent inmates lacked access to costly bail and legal representation. A shortage of high court judges in the country’s six provinces delayed the execution of magistrate orders to transfer juveniles being held with adults in prisons and jails to reformatories. In response to the COVID-19 pandemic, authorities reduced overcrowding by pardoning nonviolent offenders. In May the president pardoned 2,984 inmates and in October an additional 966 inmates.

There were no reports of deaths in prison attributed to physical conditions.

The law requires separation of different categories of prisoners, but only gender separation was routinely practiced. According to the HRC, some correctional facilities did not strictly follow guidelines on separating different prisoner categories. For example, at Lusaka Correctional Facility, the HRC found that juvenile and adult prisoners were comingled during the day. Incarcerated women who had no alternative for childcare could choose to have their infants and children younger than age four with them in prison. According to PRISCCA, facilities designated for pretrial detainees included convicted juvenile and adult inmates because the three reformatories and the three designated prisons were overcrowded.

Inadequate ventilation, temperature control, lighting, and basic and emergency medical care remained problems. Many prisons had deficient medical facilities, and female inmates’ access to gynecological care was extremely limited. Many prisons had meager food supplies. Lack of potable water resulted in serious outbreaks of waterborne and foodborne diseases, including dysentery and cholera. According to PRISCCA and the HRC, prison food was nutritionally inadequate, and prisoners noted insufficient bedding (blankets and mattresses) and poor sanitation. The prison health-care system remained understaffed. The incidence of tuberculosis remained high due to overcrowding, poor sanitation, lack of compulsory testing, and prisoner transfers. The supply of tuberculosis medication and other essential drugs was erratic. Failure to remove or quarantine sick inmates resulted in the spread of tuberculosis and other illnesses and the deaths of several prisoners.

The HRC and PRISCCA expressed concern at the lack of isolation facilities for the sick and for persons with psychiatric problems. Although prisoners infected with HIV/AIDS were able to access antiretroviral treatment services within prison health-care facilities, their special dietary needs and those of persons under treatment for tuberculosis were inadequately met. Prisons also failed to address adequately the needs of persons with disabilities.

Administration: A formal mechanism to investigate allegations of prisoner mistreatment existed through the Police Public Complaints Commission. The commission received complaints and disciplined some erring police and prison officers, but human rights groups reported it did not effectively investigate complaints and was staffed by former officers who were often hesitant to prosecute their colleagues.

Independent Monitoring: The government permitted prison monitoring by independent local and international NGOs and religious institutions.

The law prohibits arbitrary arrest and detention. It also provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Although the government generally observed these requirements, there were frequent reports of arbitrary arrests and detentions, even in situations of civil disputes.

The constitution and law require authorities to obtain a warrant before arresting a person for most offenses. Police officers do not need a warrant, however, if they suspect a person has committed offenses such as treason, sedition, defamation of the president, or unlawful assembly. Police rarely obtained warrants before making arrests regardless of the offense.

Although the law requires that detainees appear before a court within 24 to 48 hours of arrest and be informed of the charges against them, authorities routinely held detainees for as long as six months before trial. The HRC noted this abuse remained common, particularly in rural districts, where subordinate courts operated in circuits because detainees could be tried only when a circuit court judge was in the district.

Based on a constitutional presumption of innocence, the law provides for bail in most cases. Bail is not granted for persons charged with murder, aggravated robbery, narcotics violations, espionage, or treason. Before granting bail courts often required at least one employed person, usually a government employee, to vouch for the detainee.

Detainees generally did not have prompt access to a lawyer. Although the law obligates the government to provide an attorney to indigent persons who face serious charges, many defendants were unaware of this right. The government’s legal aid office and the Legal Resources Foundation provided legal services to some indigent arrestees but could not meet demand.

Arbitrary Arrest: According to human rights groups, arbitrary or false arrest and detention continued. Police often summoned family members of criminal suspects for questioning, and authorities arrested criminal suspects based on uncorroborated accusations or as a pretext for extortion. Human rights groups reported police routinely detained citizens when enforcing COVID-19 restrictions. In August police arrested and fined persons not wearing facemasks in public. Those unable or unwilling to pay the fine faced six months’ imprisonment. Inspector General of Police Kakoma Kanganja suspended the practice following a public outcry and stated the arrests constituted an abuse of power.

Pretrial Detention: Prolonged pretrial detention, including that of irregular migrants awaiting trial or removal, continued to be a problem. On average detainees spent an estimated six months in pretrial detention, which often exceeded the maximum length of the prison sentence corresponding to the detainee’s alleged crime. Contributing factors included inability to meet bail requirements, trial delays, and trial continuances due to absent prosecutors and their witnesses.

Detainees Ability to Challenge Lawfulness of Detention before a Court: Detainees have the right to challenge in court the legal basis or arbitrary nature of their detention, but police often prevented detainees from filing challenges to prolonged detention.

The constitution provides for an independent judiciary. While the government largely refrained from direct interference, the Ministry of Finance’s control of the judiciary’s budget limited judicial independence. In most cases authorities respected court orders.

The constitution provides for the right to a fair and public trial, but the judicial system was open to influence by the ruling party in cases in which it had an interest. While the law provides the right to a presumption of innocence, to be informed promptly of charges, and to be present at a fair and timely trial, these rights were not consistently protected. There were reports of lengthy detentions without trial and defendants who were not informed promptly of charges against them, and the overburdened and insufficiently resourced judicial system led to lengthy and delayed trial procedures. For example, in December 2019 Chama Fumba, the hip hop recording artist popularly known as Pilato and two other persons were arrested for holding a meeting without a permit at the Youth Community Training Centre of the Roman Catholic Diocese of Livingstone. They were charged with unlawful assembly and in September tried and acquitted.

While defendants enjoy the right to consult with an attorney of their choice, to have adequate time to prepare a defense, to present their own witnesses, and to confront or question witnesses against them, courts rarely provide indigent defendants with an attorney at state expense despite a legal requirement to do so. Interpretation services in local languages were available in most cases. There were no reports of defendants being compelled to testify or confess guilt. Defendants have the right to appeal.

Although there were politically motivated arrests, there were no reports of lengthy detention or imprisonment of individuals for political reasons.

Although individuals or organizations may seek redress for human rights violations from the High Court, lack of access to affordable or pro bono legal services prevented many persons from exercising this right.

The constitution and law prohibit such actions, but the government frequently did not respect these prohibitions. The law requires a search or arrest warrant before police may enter a home, except during a state of emergency or when police suspect a person has committed an offense such as treason, sedition, defaming the president, or unlawful assembly. Unlike in prior years, there were no reports that government authorities entered homes without judicial or other appropriate authorization.

Domestic human rights groups reported authorities routinely detained, interrogated, and physically abused family members or associates of criminal suspects to obtain their cooperation in identifying or locating the suspects.

The law grants the Drug Enforcement Commission, the Zambia Security and Intelligence Service, and police authority to monitor communications using wiretaps with a warrant based on probable cause, and authorities generally respected this requirement. The government required cell phone service providers to register all subscriber identity module (SIM) cards.

Zimbabwe

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were several reports that the government or its agents committed arbitrary or unlawful killings. In August the nongovernmental organization (NGO) ZimRights suspected members of the security forces in the extrajudicial killing of Movement for Democratic Change-Alliance councilor Lavender Chiwaya. Police ruled there was no foul play. In September the Zimbabwe Republic Police reported killing two men they claimed shot two members of the security forces, killing one and injuring the second. Security officials claimed they tracked the two men and killed them in a shootout when they resisted arrest. Government officials praised security forces’ “swift response,” while human rights organizations, such as ZimRights, questioned security forces’ version of events and called the incident an extrajudicial killing.

Impunity for politically motivated violence remained a problem. The government did not establish an independent complaints mechanism to investigate allegations of security force misconduct as called for in the constitution. Investigations continued into violence from previous years, including state-sponsored violence, that resulted in the deaths of 17 civilians in January-February 2019 and seven during postelection violence in 2018. As of year’s end, there were no arrests or charges in the cases.

There were no new reports of long-term disappearances by or on behalf of government authorities.

In 2018 the High Court ordered the government to provide updates on the 2015 disappearance of democracy activist Itai Dzamara, but officials failed to do so, without consequence. There were no reports of authorities punishing any perpetrators of previous acts of disappearance.

The constitution prohibits torture and other cruel, inhuman, or degrading treatment or punishment; however, there were reports that security forces engaged in such practices with impunity and with the implicit support of government officials. NGOs reported security forces abducted, assaulted, and tortured citizens in custody, including targeted assault on and torture of civil society activists, labor leaders, opposition members, and other perceived opponents of the government. Throughout the year police used excessive force in apprehending, detaining, and interrogating criminal suspects. In some cases police arrested and charged the victims of violence rather than the perpetrators and accused abduction victims of filing false reports.

Human rights groups reported government agents continued to perpetrate physical and psychological torture on labor leaders and opposition party members during abductions. Reported torture methods included sexual assault; beating victims with sticks, clubs, cables, gun butts, and sjamboks (a heavy whip); falanga (beating the soles of the feet); forced consumption of human excrement; and oral chemical poisoning, as well as pouring corrosive substances on exposed skin. As of November there were a minimum of five reports of short-term abductions and assaults or torture allegedly performed by state security actors. These instances typically occurred at night, although some happened in broad daylight. The abductors forcibly removed persons from their homes, parking lots, and press conferences and assaulted them for hours before abandoning them, usually severely injured and naked, in a remote area.

National Assembly member Joana Mamombe and opposition party members Cecilia Chimbiri and Netsai Marova reported being removed from police custody, then abducted and tortured by unknown individuals whom credible sources believed to be government security agents, after they were arrested at a protest at a roadblock on May 13. The three women sustained severe injuries from 36 hours of physical, sexual, and psychological torture. After the three women reported the crimes to police, they were rearrested and charged with making false statements to police and for faking their own abductions. The case remained pending.

From March to September, during a government-mandated lockdown due to COVID-19, uniformed and plainclothes soldiers and police officers systematically used clubs to beat civilians in the Harare central business district and suburbs for violating curfews, failure to wear masks, or failure to exercise social distance.

Impunity was a significant problem in the security forces and the civilian authorities who oversee them, including police, military, and intelligence officers. To date, no one has answered for disappearances, civilian deaths, rape, abduction, or torture allegations from the 1980s to as recently as November. Security forces were firmly under the control of the ruling party and were often directed against the political opposition.

Prison conditions were harsh and life threatening due to overcrowding, food shortages, and inadequate sanitary conditions and medical care. The 2013 constitution added prisoner rehabilitation and reintegration into society to ZPCS responsibilities. The ZPCS provided inmates with opportunities to participate in sewing, mechanics, woodworking, and agricultural activities. The ZPCS also allowed churches and other organizations to teach life-skills training.

Physical Conditions: Conditions in prisons, jails, and detention centers were often harsh. While some prisons operated below capacity, NGOs reported that most were overcrowded due to outdated infrastructure and judicial backlogs. The Zimbabwe Prison and Correctional Services (ZPCS) did not provide adequate food, water, and sanitary conditions as well as personal protective equipment (PPE) during the global pandemic. The ZPCS sometimes allowed faith-based and community organizations to help address these problems.

Prison guards occasionally beat and abused prisoners, but NGOs reported the use of excessive force by prison guards was not systematic. Relations between prison guards and prisoners improved during the year as part of a positive trend NGOs observed during the past several years. As of year’s end, no investigation of the death of Hilton Tamangani in October 2019 had begun. Tamangani was found dead in his cell in the Harare Remand Prison. His lawyers claimed he was severely beaten by police and then denied medical treatment.

NGOs reported female prisoners generally fared better than did male prisoners. Authorities held women in separate prison wings and provided female guards. Women generally received more food from their families than male prisoners. The several dozen children younger than age four living with their incarcerated mothers shared their mothers’ food allocation, rather than receiving their own. NGOs were unaware of female inmates reporting rapes or other physical abuse. With support from NGOs, prisons distributed feminine hygiene supplies. Officials did not provide pregnant women and nursing mothers with additional care or food rations out of the ZPCS budget, but the ZPCS solicited and received donations from NGOs and donors for additional provisions.

There was one juvenile prison, housing boys only. Girls were held together with women. Authorities also held boys in adult prisons throughout the country while in remand. Officials generally tried to place younger boys in separate cells, but NGOs reported older prisoners often physically assaulted the younger boys when left together. Authorities generally sent juveniles to prison rather than to reformatory homes as stipulated in the law, as there was only one adequate reformatory home in the country, located in the Harare suburbs. Juveniles remained vulnerable to abuse by prison officials and other prisoners.

Prisoners with mental health issues were often held together with regular prisoners until a doctor was available to make an assessment. Psychiatric sections were available at some prisons for these individuals but offered little specialized care.

According to the ZPCS, remand prisons were overcrowded. Authorities often held pretrial detainees with convicted prisoners until their bail hearings. Due to fuel shortages, the ZPCS was at times unable to transport pretrial detainees to court hearings, resulting in delayed trials and longer detentions. While an estimated 4,200 prisoners were released under an amnesty program in March and April to address COVID-19, NGOs and other contacts as well as several news outlets reported some remand prisons had 70 persons to a cell in August. Inmates at remand prisons were not tested before admittance but instead were only tested when sent to nonremand prisons.

Although hurt by the economic downturn associated with COVID-19, NGOs helped provide prisoners with disinfectant, PPE, and information about the virus, but distribution decreased during the year. The economic downturn shuttered small, community-based NGOs that once supported prisoners. These organizations had steady streams of outside and community-based donations but suspended operations due to a lack of funding because of the country’s protracted economic crisis.

The ZPCS ignored requests from medical personnel to isolate journalist Hopewell Chin’ono when he exhibited symptoms of COVID-19 while incarcerated in August (see section 2.e., Political Prisoners and Detainees).

According to NGOs, food shortages were widespread in prisons but not life threatening. Prisoners identified as malnourished received additional meals. The harvest of prison farm products provided meals for prisoners. Protein was in short supply, particularly meat. Prisoners’ access to clean water varied by prison. NGOs worked with prisons to provide enhanced water-collection systems.

Diarrhea was prevalent in most prisons. Diseases such as measles, tuberculosis, and HIV/AIDS-related illnesses were highest in those with the poorest conditions. Lighting and ventilation were inadequate. There were insufficient mattresses, blankets, warm clothing, sanitary supplies, and hygiene products.

Prisoners had access to very basic medical care, with a clinic and doctor at nearly every prison. In partnership with NGOs, the ZPCS offered peer education on HIV/AIDS. The ZPCS tested prisoners for HIV only when requested by prisoners or prison doctors. Due to outdated regulations and a lack of specialized medical personnel and medications, prisoners suffered from routine but treatable medical conditions such as hypertension, tuberculosis, diabetes, asthma, and respiratory diseases. The ZPCS was at times unable to transport prisoners with emergency medical needs to local hospitals.

Administration: The inspections and audit unit of the ZPCS, intended to assess prison conditions and improve monitoring of prisoners’ rights, did not release the results of its assessments. The Zimbabwe Human Rights Commission (ZHRC) conducted monitoring visits when conditions allowed. There was no prison ombudsman. There were statutory mechanisms to allow alternatives to incarceration for nonviolent offenders, but the number of nonviolent offenders benefitting from these mechanisms was unknown.

Prisoners and detainees had relatively unrestricted access to visitors before COVID-19, except in maximum-security prisons, where remoteness hampered access by prisoners’ relatives. The COVID-19 lockdown cut off prisoners from most people and organizations.

Independent Monitoring: The law provides international human rights monitors the right to visit prisons. Church groups and NGOs seeking to provide humanitarian assistance, including the International Committee of the Red Cross, gained access. Some organizations working in prisons reported that meetings with prisoners occurred without third parties present and with minimal restrictions, but some political prisoners reported no privacy for visits, even with their legal representatives. Monitoring missions were extremely limited during the COVID-19 lockdown. One NGO reported prisoner authorities authorized a few prison visits for special donation missions.

The constitution and law prohibit arbitrary arrest and detention, although other sections of the law effectively weaken these prohibitions. The government enforced security laws in conflict with the constitution. Security forces arbitrarily arrested and detained persons, particularly political and civil society activists, labor leaders, and journalists perceived as opposing the government. Security forces frequently arrested large numbers of persons during and following antigovernment protests.

The law stipulates that arrests require a warrant issued by a court or senior police officer and that police inform an arrested person of the charges before taking the individual into custody. Police did not always respect these requirements. A preliminary hearing must be held before a magistrate within 48 hours of an arrest. This was not followed consistently. According to the constitution, only a competent court may extend the period of detention.

The law provides for bail for most accused persons. The government amended the law to include provisions that allow prosecutors to veto judicial bail decisions and keep accused persons in custody for up to seven days, despite a prior Constitutional Court ruling declaring this power unconstitutional. Prosecutors relied on these provisions to extend the detention of opposition leaders, civil society activists, and labor leaders, some of whom were denied bail for almost two months.

Authorities often did not allow detainees prompt or regular access to their lawyers and often informed lawyers who attempted to visit their clients that detainees or those with authority to grant access were unavailable. The government also monitored, harassed, intimidated, and arrested human rights lawyers when they attempted to gain access to their clients. An indigent detainee may apply to the government for an attorney in criminal cases, but only in capital cases. Some opposition party members, civil society activists, journalists, and ordinary citizens had limited or no access to their legal counsel. In one instance a magistrate attempted to revoke prominent human rights attorney Beatrice Mtetwa’s license to practice law during her defense of a journalist who had written articles exposing government corruption and made social media posts encouraging peaceful protests against corruption. As of November the magistrate’s petition to revoke the law license remained pending.

Arbitrary Arrest: The government regularly used arbitrary arrest and detention as tools of intimidation and harassment, especially against political activists, civil society members, journalists, attorneys, and ordinary citizens asserting their rights. The government sometimes used COVID-19 lockdown restrictions to arrest individuals perceived as threats against the government. Police and media reported that security forces arrested more than 105,000 political and civil society activists, journalists, labor leaders, and ordinary citizens from March 30 to September for their alleged violation of COVID-19 lockdown measures or alleged involvement in planned demonstrations in Harare, Bulawayo, Mutare, and other cities. For example two journalists were arrested in May for violating COVID-19 measures during their interviews with abduction and torture victims. After four months of enduring strict bail conditions, such as weekly reporting to police stations and surrender of passports, the case against the journalists was dismissed in September. Police arrested more than 20 individuals who organized, promoted, or participated in a July 31 anticorruption demonstration, including opposition party Transform Zimbabwe president Jacob Ngarivhume, who was arrested and charged on July 23 with inciting the public to commit violence. As of November several human rights defenders remained in hiding after police issued a list of persons wanted for questioning in connection with the July 31 protest.

After more than a year of strict bail conditions, including weekly reporting to police stations and surrender of passports, the government dismissed the cases of seven civil society activists charged with subversion in 2019.

The law absolves individual security agents from criminal liability regarding unlawful arrests and detention. Police officers routinely argued that they merely followed orders in conducting arrests and were not responsible for compensating victims of unlawful arrests.

Pretrial Detention: Prolonged pretrial detention was rare for nonpolitical prisoners. Delays in pretrial procedures were common, however, due to a shortage of magistrates and court interpreters, poor bureaucratic procedures, and an insufficient number of court officials to hear many cases. The constitution provides for the right to bail for detained suspects. Despite this provision, the government routinely opposed bail for political detainees, and judges generally upheld these motions. When judges issued bail rulings, they would often delay announcing their rulings until after the court cashier closed on Fridays to ensure political detainees remained in prison over the weekend.

Other prisoners remained in prison because they could not afford to pay bail. Magistrates rarely exercised the “free bail option” that authorizes them to waive bail for destitute prisoners. Lawyers reported juveniles usually spent more time in pretrial detention than did adults because they could not attend court unless a parent or guardian accompanied them. Sometimes their parents could not be located or did not have the funds to travel to court. Authorities occasionally did not notify parents of a juvenile’s arrest or the closest kin of an adult detainee’s arrest.

The constitution provides for an independent judiciary, but executive influence and interference remained a problem. There continued to be some instances where the judiciary demonstrated its independence despite being under intense pressure to conform to government policies.

The government often refused to abide by judicial decisions and routinely delayed payment of court costs or judgments awarded against it in civil cases. Judicial corruption was widespread, extending beyond magistrates and judges. For example, NGOs reported senior government officials undermined judicial independence, including by giving homes, farms, and agricultural machinery to judges.

Magistrates heard the vast majority of cases. Legal experts claimed defendants in politically sensitive cases were less likely to receive a fair hearing in magistrates’ courts than in higher courts. In lower courts justices were more likely to make politicized decisions due to the use of threats and intimidation to force magistrates, particularly rural magistrates, to rule in the government’s favor. In politically charged cases, other judicial officers such as prosecutors and private attorneys also faced pressure from high-ranking judges and officials of the ruling party, including harassment and intimidation. Some high court justices demonstrated a greater degree of independence and granted opposition party members and civil society activists bail against the government’s wishes. There were reports of instances where judges or magistrates should have recused themselves from politically charged cases but failed to do so.

The constitution provides for the right to a fair and public trial, but political pressure and corruption frequently compromised this right. By law defendants enjoy a presumption of innocence, although courts did not always respect this right. Magistrates or judges held trials without juries. Trials were usually open to the public except in cases involving minors or state security matters. Government officials liberally interpreted state security matters to include trials and hearings for defendants who protested against the government or reported on government corruption. Assessors–usually nonlawyers who sit together with a judge to provide either expert advice or guidance on local practices–in lieu of juries, could be appointed in cases in which conviction of an offense could result in a death penalty or lengthy prison sentence. Defendants have the right to a lawyer of their choosing, but most defendants in magistrates’ courts did not have legal representation. In criminal cases an indigent defendant may apply to have the government provide an attorney, but requests were rarely granted except in capital cases, in which the government provided an attorney for all defendants unable to afford one. Individuals in civil cases may request free legal assistance from the Legal Resources Foundation or Zimbabwe Lawyers for Human Rights (ZLHR). The Zimbabwe Women Lawyers Association also provided some free legal assistance to women and youth. The law provides for free interpretation, and Shona-English and Ndebele-English interpretation was generally available. The right to adequate time and facilities to prepare a defense is also provided for by law but was often lacking. Defendants have the right to present witnesses and evidence on their own behalf and to confront adverse witnesses.

Any person arrested or detained for an alleged offense has the right to remain silent and may not be compelled to confess. There were no known cases of torture-induced confessions used in court. Authorities did not always respect these rights. Authorities sometimes denied or significantly delayed attorneys’ access to their clients or falsely claimed the attorneys’ clients were being held at another facility.

Conviction requires proof beyond a reasonable doubt, and the prosecution bears the burden of proof. The right to appeal both conviction and sentence exists in all cases, and it is automatic in cases in which the death penalty is imposed.

Government officials sometimes ignored court orders, delayed bail and access to medical care, and selectively enforced court orders related to land disputes favorable to those associated with the government.

The public had fair access to the courts of law, particularly the magistrates’ courts, although observers reported occasional physical and procedural impediments, such as limited available seating areas and arbitrary rules about note taking during hearings.

There were reports of individuals arrested for political reasons, including opposition party officials, their supporters, NGO workers, journalists, civil society activists, and labor leaders. Authorities sometimes detained such individuals for one or two days and released them without charge. Political prisoners and detainees did not receive the same standard of treatment as other prisoners or detainees, and prison authorities arbitrarily denied visitor access to political prisoners. There were reports police beat and physically abused political and civil society activists while they were in detention.

Unlike normal criminal proceedings, which move from investigation to trial within months, prosecuting agents regularly took abnormally long to submit for trial cases involving members of the political opposition or civil society critics of the government. Hearings were sometimes scheduled when presiding judges were on vacation. Prosecutors in political cases were often “unprepared to proceed” and received numerous continuances. In many cases where authorities granted bail to government opponents, they did not conclude investigations and set a trial date but instead chose to “proceed by way of summons.” This left the threat of impending prosecution remaining, with the accused person eventually being called to court, only to be informed of further delays.

In July police arrested opposition party leader Jacob Ngarivhume and journalist Hopewell Chin’ono for their alleged roles in planning and promoting a July 31 protest against government corruption. They were held for approximately six weeks before being released on strict bail conditions that included surrendering their passports, agreeing not to use social media to promote public violence, and reporting regularly to police stations. On November 3, authorities rearrested Hopewell Chin’ono for abusing social media and detained him until November 20, when he received bail. Both Ngarivhume and Chin’ono’s cases remained pending.

In 2019 the government charged 22 persons with subversion for their participation in organizing demonstrations or attending civic engagement trainings. As of November courts had dismissed charges against 10 of the defendants. The government alleged the defendants intended to take over a constitutionally elected government. As of year’s end, the Mnangagwa administration had not fully prosecuted anyone for subversion, but those charged with subversion must surrender their passports and report to local police stations regularly.

Politically Motivated Reprisal against Individuals Located Outside the Country

There were credible reports that for politically motivated purposes the government attempted to exert bilateral pressure on another country to take adverse action against specific individuals or groups. In September media reported government officials secured an extradition treaty with South Africa to allow the forcible return of some members of the “G40,” a group comprised of former Zimbabwe African National Union-Patriotic Front (ZANU-PF) members aligned with Grace Mugabe, widow of the late president Robert Mugabe. As of November 30, no publicized extraditions of G40 members had occurred.

Civil judicial procedures allow for an independent and impartial judiciary, but the judiciary was subject to political influence and intimidation, particularly in cases involving high-ranking government officials, politically connected individuals, or individuals and organizations seeking remedies for abuses of human rights.

The constitution stipulates the government must compensate persons for improvements made on land taken by the government, but it does not set a timeline for the delivery of compensation. The government rarely provided restitution or compensation for the confiscation of private property, and police generally did not take action against individuals who seized private property without having secured authorization from the state to do so.

Support was uneven and inconsistent for more than 1,800 households resettled in the past decade from the diamond mining fields of Marange in Chiadzwa to a government-owned agricultural estate outside Mutare. Each household was entitled to receive $1,000 for relocation, although reportedly only a handful received the money. Most of the relocated families had not received compensation of any kind, including agricultural land, while the government classified them as “people with no recognizable legal rights or claim to the land they are occupying,” stating that their former land became state land, despite customary and traditional rights to the contrary.

A majority of commercial farmers reported the government had not compensated them for losses suffered from the land resettlement program that began in 2000. According to the attorney general and Ministry of Lands, beginning in 2000 a description of every white-owned farm in the country was published in state media and the farms effectively became state property. According to the Commercial Farmers Union of Zimbabwe (CFU), after authorities published a description of the property, it was usually transferred to a politically connected individual at the first available opportunity.

The CFU reported that since 2000 most titleholders who lost their homes or properties, where most of their life earnings were invested, were not compensated. As a result of evictions, there were scores of destitute elderly former farmers and former farm workers. In July the government, the CFU, and other farmers’ groups signed a $3.5 billion compensation deal for farms expropriated in the decades following independence. The deal promised half of the payments after one year and the remainder over the course of the next four years. Despite the negotiated agreement, government officials continued to seize farms without compensation as recently as September 11.

The CFU estimated there were fewer than 400 active white commercial farmers still living in the country. Those remaining continued to be targeted, harassed, threatened with eviction, and evicted by unemployed youth and individuals hired by politically connected individuals standing to benefit from the farm seizures.

The constitution and law prohibit arbitrary or unlawful interference with privacy, family, or home, but local NGOs reported the government did not respect these rights. Throughout the year government officials pressured local chiefs and ZANU-PF loyalists to monitor and report on persons suspected of supporting political parties other than ZANU-PF. Through threats and intimidation, local chiefs and ZANU-PF loyalists also compelled individuals, mostly in rural areas, to contribute money and public resources, such as school buses and school meeting spaces, toward ZANU-PF political rallies.

Government entities manipulated the distribution of government-provided food aid, agricultural inputs, and access to education and other assistance programs to exclude suspected political opposition supporters and to compel support for ZANU-PF. ZANU-PF supporters threatened to withhold food aid to citizens in Glenview, Mangwe, and Nyanga during the period preceding each area’s constituency by-election in 2019.

The law permits the interception and monitoring of any communication (including telephone, postal mail, email, and internet traffic) in the course of transmission through a telecommunication, postal, or other system in the country. Civil liberties advocates claimed the government used the law to stifle freedom of speech and target political and civil society activists (see section 2.a.).

Security forces sometimes punished family members for offenses allegedly committed by their relatives. On July 29, police searched the Bulawayo home of news site ZimLive.com editor Mduduzi Mathuthu for information on subversive materials linked to protests scheduled for July 31. Mathuthu was not at home when police arrived and remained in hiding as of November. Police detained his sister, Nomagugu Mathuthu, at the Bulawayo Central Police Station, then released her after arresting Mathuthu’s nephew, Tawanda Muchehiwa, on July 30. Muchehiwa reportedly disappeared from police custody and then was left at his residence on August 1, badly beaten by individuals suspected of being state security agents.

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The Lessons of 1989: Freedom and Our Future