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Arrest
of The Zimbabwe Independent journalists
Zimbawe Lawyers
for Human Rights (ZLHR)
January 12, 2004
"Freedom
of Expression constitutes one of the essential foundations of a democratic
society, one of the basic conditions for its progress and for the development
of every man. It is applicable not only to information or ideas that
are favourably received or regarded as inoffensive or as a matter of
indifference, but also to those that offend, shock or disturb the state
or any sector of population. Such are the demands of pluralism, tolerance
and broadmindedness without which there is no democratic society"*
On Saturday 10 January
2004, the editor of the Zimbabwe Independent, Iden Wetherell, news editor
Vincent Kahiya and reporter Dumisani Muleya, were arrested and detained
by members of the Zimbabwe Republic Police. The three have since appeared
before a Harare magistrate charged with criminal defamation for writing
that the President commandeered a plane from the national airline to travel
to the Far East on personal business. They have since been placed on bail
and are to appear in court again on January 29, 2004 for the remand hearing.
Zimbabwe Lawyers for
Human Rights (ZLHR) is particularly concerned that these fresh arrests
compromise the independence and entrenched freedoms of the press. ZLHR
views the action by the police as a calculated and deliberate attempt
to muzzle the independent media and deprive Zimbabweans from fully enjoying
the right to freedom of expression.
ZLHR is concerned
that if such a tragic trend is to continue, it will be impossible for
journalists to continue carrying out their mandate to keep the public
informed. Such repeated and now all too frequent attacks on the independent
press are not only unfortunate, but also detrimental to press freedom.
Added to this is the fact that another independent publication, The Daily
News, has been attacked and forcibly prevented by the Executive organ
of the State from publishing. This is in defiance of a number of Court
Orders.
Defiance of Court
Orders has become endemic in Zimbabwe and it is an issue that the Chief
Justice of the Supreme Court Godfrey Chidyausiku, Judge President of the
High Court Paddington Garwe and the Minister Of Justice Legal and Parliamentary
Affairs Patrick Chianamasa must do something about if the integrity of
the courts and the justice delivery system is to be protected. ZLHR is
also concerned that the harassment of the independent journalists might
be preparatory steps, on the part of certain elements within the State
that are fighting to muzzle the press, to forcibly shut down the newspaper
as they did with the Daily News and The Daily News on Sunday.
ZLHR criticizes in
the strongest of terms such a blatant disregard of the independent press
and demands that the press be left to freely perform its core function,
that of informing the public.
*Handyside v United Kingdom
1976, 1 EHRR 737 Para 49
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