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Outrage over new Zim bail law

16th February 2004

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Opponents of President Robert Mugabe's regime were in uproar yesterday over new laws that allow authorities to hold suspects accused of economic crimes for up to four weeks without bail.

New regulations decreed Friday give police the power to detain for a week people suspected of economic crimes including corruption, money laundering and illegal dealing in foreign exchange and gold, even where there is no reasonable evidence of their guilt.

The Presidential Powers (Temporary Measures) (Amendment of Criminal Procedure and Evidence Act) regulations also specifically disallow courts from granting suspects bail for seven days.

They can be detained for another 21 days if "prima evidence" of criminal involvement is produced.

The constitution allows police to hold suspects for only 48 hours.

After the period expires, they have to be brought to court where they may ask for bail.

Justice minister Patrick Chinamasa told reporters that "we do not want to have a situation whereby our investigating officers spend a lot of time in courts".

MDC secretary for legal affairs David Coltart said in a statement yesterday that "this draconian legislation is reminiscent of legislation used by the (white minority government of former prime minister Ian) Smith regime and the apartheid regime in South Africa to deny people their liberty".

Lovemore Madhuku, head of the National Constitutional Association, which is lobbying for a new democratic constitution, said the regulations "undermine the principles of the rule of law.

"Police need to investigate first before they arrest, not the other way round".

Human rights lawyers said they feared the decree would be used against Mugabe's opponents. "They can pick up anyone they don't like, keep them inside for a month, and then claim they are being investigated for corruption," said one who asked not to be named. – Sapa-DPA.
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