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Observatory issues urgent appeal regarding Tinashe Chimedza
The Observatory for the Protection of Human Rights Defenders
ZWE 001/0404/OBS 028
Paris - Geneva, April 29, 2004

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Zimbabwe.

Description of the situation:
The Observatory has been informed by Zimbabwe Lawyers for Human Rights (ZLHR) that Mr. Tinashe Lukas Chimedza, a student and a social rights and youth rights activist, was arrested in Harare on April 22, 2004, and ill-treated during his detention.

According to the information received, Mr. Tinashe Lukas Chimedza was preparing to give a speech on the right to education during a peaceful meeting at Mt Pleasant Hall in Harare when he was arrested by members of the Zimbabwe Republic Police. He was taken to a room, where the police kicked and punched him, and beat him with sticks. He was then taken, unconscious and bleeding from his mouth, to Marlborough police station. He was later admitted to the Avenues Clinic for treatment after lawyers Otto Saki, from the ZLHR, Jacob Mafume, from the Human Rights Forum, and another advocate, Mr. Tonderai Bhatasara, insisted that he needed medical attention.

Since April 22, 2004, Mr. Tinashe Lukas Chimedza has been in the hospital where he remains under police surveillance. The police is keeping him in detention based on an arrest warrant issued against him in 2001, when he was the Secretary General of the Zimbabwe National Students Union and the Chairman for the Student Representative Council at the University of Zimbabwe. He is being charged with having committed acts of violence during a student demonstration and common assault charges for fighting a security guard who was assaulting him.

During the same peaceful meeting on April 22, Mr. Bhatasara, was also briefly detained and taken to the Marlborough police Station on the grounds that he showed disrespect for the Zimbabwe flag. He was released soon after.

The Observatory is deeply concerned over the situation of human rights defenders in Zimbabwe, who continue to be the target of repression (see Observatory Evaluation Report "2003: Systematic repression of human rights defenders in Zimbabwe", February 2004). Mr. Tinashe Chimedza's arbitrary arrest and ill-treatment are in total disregard of the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998, in particular Article 5a which states that "[f]or the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels (…) [t]o meet or assemble peacefully", as well as article 12.2 which provides that "[t]he State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration".

Action requested:
Please write to the authorities of Zimbabwe urging them to:

1. guarantee Mr. Tinashe Lukas Chimedza's physical and psychological integrity and release him immediately;
2. guarantee in all circumstances that human rights defenders and organisations are able to carry out their human rights work;
3. ensure an immediate investigation into Mr. Tinashe Chimedza's ill-treatment, identify those responsible, bring them before a civil, competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
4. ensure the implementation of the provisions on the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998, in particular article 1 which states that "[e]very person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level", as well as articles 5a and 12.2 mentioned above;
5. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by Zimbabwe.

Addresses:

• The Honourable Khembo Mohadi, Minister of Home Affairs, Ministry of Home Affairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway, Harare, Zimbabwe, Fax: + 263 4 726 716
• The Hon Patrick Chinamasa, Minister of Justice, Legal and Parliamentary Affairs, Ministry of Justice, Legal and Parliamentary Affairs, 5th Floor Corner House, Private Bag 7751, Causeway, Harare, Zimbabwe, Fax: + 263 4 790901 / 772999
• The Hon Andrew Chigovera, Attorney-General, Office of the Attorney-General, PO Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 790 901
• Police Commissioner, Mr. Augustine Chihuri, Police Headquarters, P.O Box 8807, Causeway, Harare, Zimbabwe Fax:+ 263 4 726 084/ 235 212/ 728 768
• Ambassadeur, Chipazowa, Chitsaka, Permanent Mission of the Republic of Zimbabwe, Ch. William Barbey 27, CH-1292, Chambésy, Switzerland, e-mail: mission.zimbabwe@ties.itu.int, fax: + 41 22 758 30 44

Kindly inform the Observatory of any action undertaken quoting the code number (ZWE 001/0404/OBS 028) of this appeal in your reply.

The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : + 41 22 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch

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