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BOCISCOZ expresses concern over arrests of Maguwu
Botswana Civil Society Solidarity Coalition for Zimbabwe (BOCISCOZ)
June 22, 2010

We, The Botswana Civil Society Solidarity Coalition for Zimbabwe (BOCISCOZ), wish to express extreme concern over the arrest, continued detention of and refusal of bail to Mr. Farai Maguwu, Director of The Centre for Research and Development (CRD) in Zimbabwe. CRD conducts research and documentation of human rights abuses in Zimbabwe and provides support for victims of human rights abuses.

Mr. Maguwu has been in custody since he handed himself over to the police on 3 June 2010 at The Mutare Police Station. BOCISCOZ regrets the continued violation of human rights in Zimbabwe. This has occurred in the following ways:

• The detention of Mr. Maguwu without trial for more than 48 hours. He was taken to court six days after his arrest. He was allegedly arrested prior to investigations being conducted. These are currently on going.
• The reported discontinuation of his medication without the consent of a medical doctor and deprivation of blankets by the police at Matapi Police Station. This led to a deterioration in his health and consequential admission to hospital
• His interrogation without his attorney being present
• Denying him visitation by his family and
• The recent refusal of bail on 21 June 2010. This, despite his recent discharge from hospital and admission to The Harare Remand Prison, following a tonsillectomy.

Mr. Maguwu was charged under The Criminal Law (Codification and Reform) Act Section 31 for allegedly" publishing or communicating false information". The State accuses Mr. Maguwu of publishing several documents containing false information concerning activities at Chiadzwa diamond mining fields, including the human rights abuses by the police and soldiers in and around these mining fields. Since its establishment in 2005, CRD has been involved in documenting human rights violations in Zimbabwe, including at Chiadzwa. The CRD is committed to working for the transparent and accountable use of natural resources. Reports were given to Mr. Abbey Chikane, the Monitor of the Kimberley Process Certification Scheme, during his review of Zimbabwe's compliance with the terms of the Kimberley Process. The Kimberley Process Certification Scheme aims to prevent the flow of conflict diamonds, while helping to protect legitimate trade in rough diamonds.

We are also concerned that the courts continue to deny Mr. Maguwu bail. Mr. Maguwu was taken by the Investigating Officer from The Harare Remand Prison to The Matapi Police Station. The conditions of The Matapi Police Station were declared by the Supreme Court of Zimbabwe, to be "degrading and inhuman" in which to detain inmates. He was taken to The Harare Central Police Station, returned to The Harare Remand Prison after three days and his lawyer was not notified about his movements. This arrest and circumstances surrounding it constitute cruel, inhuman and degrading treatment. This violates internationally recognised human rights standards.

We also note the reported continuing abductions and arrests of people by the Zimbabwe security forces. These include Obey Wevalai Mapuranga, Ian Kay, Chipere and Isaac Mupinyuri. Such actions of the security forces impede the work of human rights activists who are committed to ensuring the respect, protection and promotion of human rights in Zimbabwe. Their work is being conducted in accordance with the Global Political Agreement (GPA 2009).

BOCISCOZ notes and appreciates the proactive role which civil society, including the independent media in Zimbabwe, has played in providing information about human rights abuses in Zimbabwe. Such abuses include those allegedly perpetrated by the security forces. In terms of the Kimberly Process Certification Scheme, civil society organisations have a critical role to play in ensuring that diamonds are mined in an environment which is free from human rights violations. BOCISCOZ therefore calls for a fair hearing for Mr. Maguwu and for a full investigation into the operations of the Kimberly Process Certification Scheme in Zimbabwe.

BOCISCOZ is committed to the fair, transparent and accountable extraction of natural resources in Botswana and in Southern Africa. We, therefore, note with concern, the silence of the SADC leaders regarding the Mr. Maguwu case. It is important for SADC countries which are engaged in diamond mining, in particular, and extraction of natural resources, in general, to commit to international human rights standards, The Kimberley Process Certification Scheme and natural resource extractions in an environment which is free of human rights violations. This commitment should be reaffirmed by all SADC member states.

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