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The
Human Rights Defenders Emergency Fund
Zimbabwe Lawyers
for Human Rights (ZLHR)
April 24, 2003
This Fund has
been set up as a "rapid reaction" provision of legal services to
human rights defenders across Zimbabwe who have been arrested, detained
or otherwise targeted by state organs or affiliates as a result
of their work in the human rights and civil society sector. The
Fund will cover emergency legal fees at the standard Law Society
tariffs and will provide emergency legal representation to such
human rights defenders. The Zimbabwe Lawyers for Human Rights (ZLHR)
will administer the Fund in association with other strategic partners.
Who is covered
by the fund?
The
Fund will, in an emergency situation where rapid reaction is
required and there is an inability by the individual/s to cover
the legal fees, cover any human rights defender who falls within
the following agreed definition, as adjudged by the Board members:
"… any
person who actively champions the promotion and protection of
any of
the constitutionally guaranteed rights and in the process becomes
the subject
of attack by any organised group including but not exclusively
state agents
and other functionaries.
To this end
the project will assist human rights defenders who:
- are arrested,
detained or otherwise impeded by State agents in the exercise
of their human or constitutional rights, or
- have
become a target of attack by the State as a result of the
exercise of their human or constitutional rights, or
- are attempting
to assist others in the exercise of their human or constitutional
rights, or
- are innocent
bystanders to the above."
ADMINISTRATIVE
ASPECTS
I. How the
deployment decision is made: Contacting the Fund
In
the event of the arrest of an individual/individuals, one of 5 members
of the Board must be telephoned to approve the case under
the Fund. They are contactable at the following hotlines:
- 011 424 398
- 011 424 399
- 091 308 544
- 091 268 357
- 091 257 247
In addition
calls can be made direct to Zimbabwe Lawyers for Human Rights on
251468.
It cannot be
stressed enough that if one of the 5 members does not approve the
matter, then no payment will be disbursed from the Fund.
Once the approval is granted then a call must be placed to Zimbabwe
Lawyers for Human Rights (ZLHR) to organise or approve the deployment
of a legal practitioner. Again, if ZLHR is not contacted to deploy,
then no payment will be disbursed from the Fund.
II. How
lawyers will be deployed to emergency situations
Once
a decision is made to deploy a lawyer, one of two situations will
arise:
A . The affected
individual/s will request a private lawyer.
In
this event, the person must request the lawyer to contact
ZLHR before s/he commences attendances to discuss reporting procedures
and payment, which is as follows:
- the lawyer
will be paid according to the standard rates under the Law Society
tariffs. However, the fee accounts must be detailed and reflect
all attendances, and the lawyer should be informed to submit a
fee account similar to the ones presented to the courts of Zimbabwe
for taxation.
- such payment
will only be made upon receipt of a full and detailed
report, which adequately traverses all incidents and procedures
taken from the time of deployment to the time of resolution of
the matter. The report should include
- the names,
addresses and ages of the arrested individuals;
- details
of the arrest, including the arresting details, the investigating
officer and the officer in charge;
- details
of any other officers present at the scene at all or any times;
- the general
behaviour of the perpetrators;
- the treatment
meted out to the arrested individuals;
- full details
of the charges preferred, if any, and the complainant, if known;
- copies
of the warned and cautioned statements, if available;
- if the
individuals are released without charge, this must be noted
in the report;
- the amount
of time spent by the arrested persons in custody;
- details
of remand, bail conditions and trial hearings (if the Fund continues
to offer assistance with legal fees) and all documentation;
- copies
of any urgent applications made, and details of the Judge seized
with the matter, the duty Registrar, troubles in communication
with either;
- whether
supporting services (food and/or emergency medical services)
were deployed.
The lawyer needs
to be fully aware that if there is no report, or an insubstantial
report, then no payment will be made until such time as this
is provided.
B. Fund lawyer
will be requested to attend the situation
In
this event, the person authorising deployment will immediately contact
Zimbabwe Lawyers for Human Rights and request a lawyer. ZLHR will
communicate with the duty lawyer and deploy him/her to the situation.
It should be made clear to the person requesting the service that
they will have to accept the services of the duty lawyer, and cannot
request an alternative if s/he wants to have the legal services
covered by the Fund.
In both situations,
the administrator from ZLHR must be provided with the lawyer’s mobile
telephone number or other contact details for the purpose of making
interim follow-up reports and being able to monitor the progress
of the matter until resolution.
III. Payment
of lawyers
Lawyers
must forward their detailed report and fee account directly
to ZLHR. It is the function and duty of ZLHR to consider the
acceptability of the report and the fee account. If either the report
or the account is inadequate, then they will be sent back to the
lawyer for correction and will then have to be re-submitted for
further consideration. Once the two are accepted, ZLHR will forward
the account to the Legal Resources Foundation for payment directly
to the lawyer concerned.
For any further
information please contact ZLHR on 251468 or by e-mail at zlhr@icon.co.zw
Visit the ZLHR
fact sheet
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This work is licensed under a Creative Commons License unless stated otherwise.
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