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Statement to mark International Human Rights Day and ZLHR March 2002
Zimbabwe Lawyers for Human Rights (ZLHR)
December 10, 2002

Attacks on the Judiciary and other Officers of the Court
In 2002, attacks against the Judiciary and other court officials have persisted, and indicate the further breakdown of the rule of law in Zimbabwe. The onslaught has threatened the independence of the courts and has restricted the ability of officials to carry out their professional duties without fear or favour.

The President and several Ministers have publicly attacked "biased" judges and warned that judgments seen to lack objectivity would be ignored. The Commissioner of Police has also interfered with court officials, in violation of the principle of separation of powers. Contempt of court proceedings were initiated against the Minister of Justice, Legal and Parliamentary Affairs, the Permanent Secretary for Information and Publicity, and the Officer-in-Charge of Khami Prison, either for unwarranted criticism of the Judiciary, or for failing to give effect to both High Court and Supreme Court orders.

The President and Secretary of the Law Society of Zimbabwe were arrested in June after expressing fears of executive packing of the Supreme Court bench. A Chipinge magistrate was assaulted by war veterans in his courtroom following a decision which the mob perceived to be politically biased. Other magistrates have been publicly criticised and put under severe political pressure after giving decisions unfavourable to the State. A former High Court Judge came under attack after ruling against the Minister of Justice on two separate counts of contempt of court. ZLHR has received at least 7 reports in 2002 of lawyers being assaulted, intimidated and threatened whilst attempting to carry out their duties.

This affront on the legal profession shows no signs of abating, and we are extremely concerned at the failure by the authorities to publicly condemn such acts, and to ensure the safety of legal professionals and deter similar future behaviour by prosecuting the offenders. ZLHR calls on the executive to lead by example and to desist from intimidating the Judiciary and attacking the integrity of individual Judges and magistrates, to prevent looming anarchy in Zimbabwe.

Organised Violence and Torture
As a result of political immaturity and a marked intolerance for alternative views, we again witnessed severe incidences of torture and violence being intentionally inflicted on individuals by organised groups, including war veterans, National Youth Service graduates/militia, and supporters of political parties.

Violence was rife in the run-up to the presidential election in March, the September urban and rural district council elections, and several constituency by-elections. Unacceptably high incidences of abductions, assaults, torture, murder, unlawful arrests and detention, malicious injury to property and internal displacement were reported as a result of election violence. Such crimes persist, and we are concerned at government’s inability to reign in offenders and halt this culture of impunity in our society.

We are also extremely disturbed at increasingly frequent reports alleging unlawful detention and torture in custody at the hands of the police and Central Intelligence Organisation operatives. This breaches our own Constitution as well as several regional and international instruments to which Zimbabwe is a signatory, and in terms of which it can be called to account for such actions.

Further repressive legislation
2002 has seen the enactment of some of the most repressive legislation since Independence. Citizenship laws have been amended and incorrectly implemented to disenfranchise voters, and the Registrar General’s office has been instrumental in denying citizens their rights to passports, birth certificates and identity documents. Both the Public Order and Security Act and the Access to Information and Protection of Privacy Act have severely restricted rights of association and expression and have been used time and again as a tool by the State in their crusade to stem political and social debate. Recently the attacks on civil society have been stepped up, and we urge resistance against attempts to muzzle this sector, which plays a vital role in a democratic society..

We call for the immediate repeal of all such unconstitutional legislation and a return to a respect for the civil rights of the Zimbabwean people.

We urge all citizens to call for an end to violence, a cessation of attacks on the legal profession, impartial enforcement of the law by the police and the courts, and a mandatory return to the rule of law. We also stand in solidarity with all human rights defenders and urge them to continue fearlessly in the forefront of the campaign for democracy and the protection of civil rights within our repressed society.

ZLHR members will be commemorating International Human Rights Day by holding a lunch-time procession through Harare City Centre on Tuesday 10 December 2002.

Visit the ZLHR fact sheet

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