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Letter
to the United Nations (UN) regarding the Zimbabwean torturer Henry
Dowa
Basil
T Hone
October 20, 2003
Basil
T. Hone
18 King Street (P.O. Box 680)
Oldwick NJ 08858
Tel: 908 439 3967
Fax: 908 439 3326
e-mail: bhone@blast.net
The Rt:Hon:
Ambassador Sir Emyr Jones Parry KCMG
United Kingdom Ambassador to the United Nations
One Dag Hammarskjold Plaza,
885 Second Avenue (28th Floor)
New York NY 10017
Dear Sir Emyr:
The Secretary-General
of the UN, some five months ago castigated the international community
for its expedient attitude in dealing with gross human rights violations.
Applying the admonition in the Scriptures to consider the beam that
is in one's own eye before criticizing the mote in a neighbor's
eye, the United Nations offices and officers which have arranged
for the removal of an accused torturer from a jurisdiction where
he would be subject to investigation and prosecution, should be
caled upon for a full and complete accounting of their behavior.
I am referring
to the Dowa case discussed in my letter of July 21 2003 to your
predecessor, Sir Jeremy Greenstock. Henry Sostane Dowa, a Zimbabwean
police officer was seconded to the international police section
of the United Nations Interim Administration Mission (UNMIK) in
Kosovo. This officer had participated in numerous acts of torture
while serving in Zimbabwe. The Redress Trust, a United Kingdom NGO,
submitted a dossier to UNMIK requesting that Dowa be prevented from
leaving UNMIK's jurisdiction pending a thorough investigation of
the torture allegations against him and pointing out that if returned
to Zimbabwe "he will not be brought to account for his alleged
activities in Zimbabwe and the United Nations will have suffered
a serious moral and legal defeat in the campaign against torture."
Early in October
Dowa resurfaced in Harare, Zimbabwe, having been sent back there
from Kosovo by none other than UNMIK. This is how the United Nations
dealt with the Dowa case during his sojourn in Kosovo:
"We acknowledge
the gravity of allegations made about the officer and the importance
of the principles enshrined in the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment of Punishment"
(Letter July 3 2003 UNMIK to Redress)
".....
we have given particular attention to the presence outside of
Kosovo of a significant body of evidence relevant to the case
to which UNMIK does not have assured access." (Letter July
3 2003 UNMIK to Redress)
".....
we have to dedicate our scarce resources to pressing and serious
cases in Kosovo taking into account priorities directly related
to UNMIK's mandate."(Letter July 3 2003 UNMIK to Redress)
"The
UN Department of Justice (in Kosovo) said it "lacked the
necessary human and financial resources to conduct a satisfactory
investigation". It also noted that though Redress had asked
for a third country to extradite Dowa, no request for this had
been received and it said only Zimbabwe could do this." (Zimbabwe
Independent October 3 2003)
In summary:
- despite recognizing
the importance of the Torture Convention and therefore the grave
nature of the allegations of torture against Dowa
- despite the
Redress request to keep hold of Dowa
- despite knowledge
that extradition of Dowa from Kosovo was being sought,
the United Nations
nonetheless asked Zimbabwe to repatriate Dowa. In view of the persistent
and widespread publicity about human rights abuses in Zimbabwe and
the suborning of the judiciary as a tool of the executive branch,
it beggars the imagination to think that UNMIK could not have been
aware that - in Redress' words - "if Dowa was allowed to return
to Zimbabwe, he would not be held accountable for alleged crimes,
as torture is endemic and is part of the ZANU PF government's strategy
to stay in power."
The performance
of the United Nations offices and officers involved in this debacle
should be widely publicized and they should be called to account
for their blatant disregard of the requirements of Torture Convention
promoted by the institution of which they are part. Furthermore,
the time has surely come for the UN to adopt appropriate and thorough
vetting procedures before accepting individuals on secondment from
member nations to ensure that personnel representing an institution
whose slogan is "We, the Peoples", are without egregious
character blemish. At present the UN relies on supplier nations
to provide "suitable" candidates, thus opening the door
to the secondment of troublemakers, deadbeats or - as in a case
such as Dowa's - rewarding a repressive regime enforcer for work
efficiently done.
Please call
upon United Nations Interim Administration Mission in Kosovo and
the United Nations Department of Peacekeeping Operations to explain,
in all the circumstances of the Dowa case, why they aided and abetted
a torturer escape fair and objective judicial investigation and
proceedings. And please insist that the United Nations administration
forthwith adopt secondment regulations to ensure that candidates
meet the highest standards of probity to qualify for service with
the body charged with "the promotion of peace and security,
development and human rights around the world". New regulations
should also address the absurdity that, under current UN practice
(apparently), only the host country of a seconded individual can
apply for extradition - whether the country be a freedom loving
democracy or a rogue state such as the Zimbabwe under the Mugabe
Regime.
Respectfully
submitted,
AND TO: The
Hon: John D. Negroponte, US Ambassador to the UN
cc:
The White House
The State Department
The Senate S/Comm Intrnl Ops & Trrorsm
The House S/Comm Wstrn
The Senate Chrmn S/Comm
The House Chrmn S/Comm
Carnegie Council on Ethics & Intrntnl Affrs
Africa Brookings Institution
Africa Heritage Foundation
Hemisphere Council on Foreign Relations
Center
for Victims of Torture
International Crisis Group
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