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ZLHR laments the brutal attack on a leading human rights lawyer
Zimbawe Lawyers for Human Rights (ZLHR)
October 16, 2003

Zimbabwe Lawyers for Human Rights (ZLHR) has for sometime been monitoring the environment within which lawyers are operating through out the country. This is important because it is extremely important for lawyers to operate in an independent and free environment to ensure that the justice delivery process remains credible.

Mrs Mtetwa's case
ZLHR has received yet another disturbing report of an attack on a leading human rights lawyer Mrs Beatrice Mtetwa by a member of the Zimbabwe Republic Police stationed at Borrowdale police station. The assault took place on 12 October 2003 at night. According to the report, the attack on Mrs Mtetwa by a policeman who was in the company of other police details was unprovoked. Other police details at the police station who witnessed the assault did not intervene. The police are alleged to have further refused to pursue a group of possible carjackers who had tried to dispossess Mrs Mtetwa of her vehicle but instead chose to victimise her. ZLHR understands that her plea to be taken for blood tests in order to rebut the malicious suggestions by the police that she was under the influence of alcohol was ignored. According to the human rights lawyer "The assault continued right up to Borrowdale police where he kicked me all over my body in addition to the blows he had inflicted on my face. The assault was in full view of the other details who were at the charge office and who refused to intervene… My attempts at lodging a formal complaint of assault failed as none of the duty details were prepared to take the report"

Mrs Mtetwa has been one of the leading human rights lawyers in Zimbabwe having handled many high profile human rights and other cases such as the ones involving the Harare Mayor Engineer Mudzuri, Brian Kagoro the coordinator of the Crisis Coalition, John Makumbe the Chairman of Transparency International Zimbabwe and Andrew Meldrum the journalists who was deported in violation and contempt of a High Court Order by the police and immigration officials in May 2003.

Other cases in 2003
ZLHR notes with grave concern that the assault on Mrs Mtetwa is not the only assault or harassment that lawyers and other legal actors have been subjected to in Zimbabwe this year. The following attacks on lawyers have been recorded by ZLHR this year alone;

• In January 2003 human rights lawyer Gabriel Shumba was arbitrarily arrested, detained and thereafter severely tortured while in police custody. He is now living in exile for fear of his life.¹⁶
• On 17 February 2003, in an unprecedented move in the history of the legal profession in Zimbabwe, Justice Benjamin Paradza was arbitrarily arrested while in his High Court chambers and detained before being placed on remand unfairly. The Supreme Court subsequently ruled on 16 September 2003 that the arrest of Justice Paradza had been wrongful.¹⁷
• On 18 March 2003 Associated Newspapers of Zimbabwe lawyer Gugulethu Moyo was assaulted by Jocelyn Chiwenga, the wife of an army commander while attending to a case at a police station in Harare. On the same day another prominent human rights lawyer Alec Muchadehama was also assaulted by the police at the same police station in Harare when he had gone to represent his clients.¹⁸
• In April 2003, a senior public prosecutor of Mutare was confronted by alleged war veterans and threatened with assault for having "granted" bail to MDC supporters. He was also allegedly confronted on the same issue by the Provincial Governor of Manicaland Oppah Muchinguri and further threats made. ¹⁹
• On 2 June 2003 two Gweru lawyers Reginald Chidawanyika and Dumisani Kufaruwenga were allegedly assaulted by the police while in the course of their duties of representing clients.²⁰
• On 5 June 2003 two Bulawayo lawyers Trevor Ndebele and Kossam Ncube were allegedly arbitrarily detained by the police at Bulawayo Central Police station where they had gone to represent their clients.²¹
• On 15 August 2003 another disturbing report of an attack on a human rights lawyer Mpokiseng Dube of Victoria Falls by members of the Zimbabwe Republic Police stationed at the Victoria Falls Camp was received by ZLHR. According to the report received Mr Dube was assaulted whilst he was attempting to represent his client who was also being subjected to assaults by the same police officers.²²

Authorities' obligations regarding lawyers' safety
ZLHR draws the attention of the police to the following instruments that clearly spell out the government's obligations and responsibilities towards ensuring that lawyers operate in an enabling environment;

United Nations Basic Principles on the Role of Lawyers (1990), Principle 17 that states:

"where the security of lawyers is threatened as a result of discharging their function they shall be adequately safeguarded by the authorities"

ZLHR are also mindful of the report of the Special Rapporteur on the independence of the judges and lawyers Dato' Param Cumaraswammy submitted to the United Nations Human Rights Commission dated 10 January 2003 which has a recommendation as follows:

"With regard to Zimbabwe, the Special Rapporteur once again urges the Commission to consider and address appropriately its concerns about the deterioration in that country, inter alia with regard to the independence of the judiciary and its impact on the rule of law."

Finally ZLHR draws attention of the police and government to the recommendation of the African NGOs forum at the African Commission on Human and Peoples Rights 33rd Session in Niger in May 2003 which reads in part that:

"The participants of the NGO Forum urge the African Commission on Human and Peoples' Rights …to recommend that the government of Zimbabwe;

take all necessary measures to ensure protection of lawyers, public prosecutors, magistrates and judges and to respect the independence of the judiciary…"

Conclusion
ZLHR is therefore gravely concerned at the continuation of threats, harassment and intimidation of lawyers particularly those handling human rights related cases, and calls upon the police to comply with its obligations and responsibilities to ensure that adequate protection is offered to members of the legal fraternity in the exercise of their judicial functions. In particular all reports of threats, intimidation and harassment of the lawyers must be promptly investigated and perpetrators prosecuted. We also once again call on the Minister of Justice, Legal & Parliamentary Affairs to publicly support the independence of the Judiciary and other legal officers and ensure that a swift end is brought to the harassment and intimidation of legal practitioners attempting to effect their professional duties.

16 See ZLHR detailed statement dated 21 January 2003 available from zlhr@icon.co.zw
17 See ZLHR detailed statements dated 18 February 2003 and 17 September 2003.
18 See ZLHR detailed statement dated 24 March 2003.
19 See ZLHR detailed statement dated 10 April 2003.
20 See ZLHR detailed statement dated 5 June 2003
21 See ZLHR detailed statement dated 6 June 2003
22 See ZLHR detailed statement dated 4 September 2003

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