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Assault and Unlawful Detention of Lawyers and Daily News Photographer
Zimbabwe Lawyers for Human Rights (ZLHR)
March 24, 2003

Zimbabwe Lawyers for Human Rights has learned of the shocking incidents of violence perpetrated against Daily News photographer, Philimon Bulawayo, and lawyers Gugulethu Moyo and Alec Muchadehama, which occurred from Tuesday 18 March to Thursday 20 March 2003.

We understand that Philimon Bulawayo was arrested in Glenview on 18 March 2003 whilst travelling into the city centre and subsequently removed to Glenview police station, where he was assaulted by police officers and detained without charge. When lawyers Gugulethu Moyo and Alec Muchadehama arrived to represent him and establish any charges against him, the police in the charge office denied that Bulawayo was being held there. However Moyo spotted him in an office, and was thereafter ordered to wait for the investigating officer to discuss his release.

We are greatly concerned by this attempt by the police to deny Bulawayo his constitutional right to legal representation. Attempts to hide a detainee from his lawyer are tactics reminiscent of the Rhodesian security forces, and have no place in a democratic society committed to the rule of law and respect for the rights of its citizens.

We have learned from Ms Moyo that while she and Muchadehama were waiting outside Jocelyn Chiwenga, the wife of the Commander of the Zimbabwe National Army, arrived at the police station accompanied by a personal "bodyguard", Kelvin Chadenyika, as well as riot police and soldiers. Chiwenga approached Moyo and upon learning that she worked for the Associated Newspapers of Zimbabwe, began to assault her. Moyo was punched and fell backwards, hitting her head on a stone. When Muchadehama attempted to come to her assistance he too was pushed and assaulted by Chiwenga and Chadenyika. Chiwenga unlawfully searched Moyo’s handbag and allegedly removed several items. Various threats were made by Chiwenga, including references to the Matabeleland atrocities that were "nothing compared to what will happen to you today" and insinuations that she was able to do anything to Moyo with impunity due to her position in society and her influence over judges in the courts.

The assault on Moyo continued unabated in the presence of some 60 police officers (some of whom had come out of their offices to witness the spectacle) and uniformed soldiers. We are appalled to learn that not one officer attempted to come to the aid of the two lawyers who were at the police station performing their professional duties, and who were attacked for no lawful reason by two civilians. Moyo was locked in a cell on the orders of Chiwenga, where she was detained for 2 hours. Chiwenga then ordered the police to place Moyo and Muchadehama in a truck together with other arrested persons to be removed to Harare Central police station. On Chiwenga’s instructions, 5 riot police assaulted Moyo on the way to Harare Central. She was hit with baton sticks and booted feet and told by them that "police stations are not for lawyers".

Chiwenga met them at the Law and Order section, where the officers once again followed her instructions to lock up Moyo and Bulawayo. Muchadehama had been released at this time. On the strength of a High Court order, Moyo and Bulawayo were taken to Parirenyatwa Hospital for medical attention at around 2200 hours. When their lawyer and employer attempted to talk to them, the police removed the detainees from the hospital before a doctor could examine them. Moyo and Bulawayo were then detained at Harare Central police station, and were only released on the afternoon of Thursday 20 March 2003, after their lawyers had obtained a further High Court order and upon the intervention of the Attorney-General’s office. No charges were preferred.

This continued harassment of legal practitioners in the line of duty has the most serious implications on their ability to perform their professional functions without fear or favour. The fact that police and army officers made no attempt to restrain or arrest Chiwenga following her clearly unlawful behaviour, and in fact took orders from a civilian to unlawfully assault and detain lawyers is to be condemned in the strongest possible terms. Lawyers face increasing dangers to their safety and security in the line of duty, and it is unacceptable that the very people who should be protecting them are placing barriers between them and their clients, and participating in assaults, threats and violence against them. An officer of court should be treated with respect in order that the administration of justice is not brought into disrepute. If lawyers are not permitted to perform their professional duties, this will be a final nail in the coffin of the rule of law in Zimbabwe.

We call once again on the Minister of Justice, Legal and Parliamentary Affairs to take action to protect officers of the court from this increased harassment. We call on the Commissioner of Police and the Commander of the Army to set up commissions of enquiry into the behaviour of their respective officers. We call on the police to perform their duty to investigate and, if appropriate, prosecute Jocelyn Chiwenga for her unlawful conduct. All state organs must do their utmost to ensure that this culture of impunity ceases immediately, before worse fates are visited on lawyers performing their professional duties.

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