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Civil and political rights - Unlawful detentions, arbitrary arrests and torture
Zimbabwe Lawyers for Human Rights (ZLHR)
May 16, 2006

http://www.zlhr.org.zw/downloads/Urgent%20Appeal%20Bindura.pdf

The secretariat of Zimbabwe Lawyers for Human Rights (ZLHR) requests your URGENT intervention in the following situation in Zimbabw Zimbabwe Lawyers for Human Rights (ZLHR) notes with grave concern the continued harassment of students - particularly the leadership thereof - in Zimbabwe and the perpetual undermining of the right to peaceful assembly and association in Zimbabwe.

On Thursday 4 May 2006 members of the Zimbabwe Republic Police (ZRP) stormed a Zimbabwe National Students' Union (ZINASU) Congress meeting in Harare and arrested 48 student leaders apparently over a missing portrait of President Mugabe. The Police demanded that the students identify the former ZINASU President, Washington Katema and fired two shots into the air to force the students to disclose his identify. Despite this unacceptable show of force and harassment, they refused. The police officers then detained the students overnight, and they were only released - without charge - on Friday 5 May.

Also on Thursday 4 May 2006 a total of 73 children ranging from age seven to eighteen, most of whom are students in primary and high schools of Bulawayo, were arrested when they took part in a peaceful protest against the unaffordable escalation of school fees, which protest had been organised by the Women of Zimbabwe Arise (WOZA). Insert details of where the students were detained, and when they were released, and any charges they faced.

On 8 May 2006, heavily armed members of the ZRP once again stormed Bindura University and arrested 18 students who were peacefully demonstrating against the new fees structure approved for universities. The arrested students were brutally assaulted resulting in one female student sustaining a broken jaw. They were then taken to Bindura Central police station where they were unlawfully detained. Another student from Bindura University was picked up by the police on campus on Tuesday 9 May and detained, bringing to 19 the number of students in detention. Among the arrested was Mr Beloved Chiweshe the ZINASU Secretary General who was brutally assaulted and in custody.

On the 10th of May 2006, the police arrested 20 more students at Bindura University allegedly for the destruction of university property. Lawyers attended to the students in have been denied unimpeded access to their clients and an urgent application is being prepared to be filed in the High Court to compel the police to allow the lawyers' access to the students. On Thursday 11 May, the students were denied bail and sent to prison and were told that they will come back to court on the 26th of May 2006 despite the fact that all of them are supposed to be writing exams this week. These students are accused of denouncing President Robert Mugabe and the Higher Education Minister, Mr Mudenge. The names of the students sent to prison at the moment are; Batabai Muroyi, Beloved Chiweshe, Kellington Kwashira, Foward Mavenga, Tinashe Madamombe, Clever Paraiwa, Alexina Dembedza, Harry Matingu, Moses Chamisa, Chipo Muchena, Chiedza Gadzirai, Wilson Kavhukatema, Laswet Savadge, Anyway Samutanda and Faith Mutambo

Ten more students will appear in court today 15 May 2006 facing the same charges as the 16 who were refused bail. The 10 are part of the 77 students arrested when an administration block was burnt at the university last week. On Friday the police released the bulk of them and left 15 in custody, of these 5 were released on Saturday. The Students will be charged under Section 19(1) of the Public Order and Security Act (POSA).

The names of students still in Police custody are; Kudakwashe Sintu, Innocent Mapanga, Lenny Diamond, Leonard Dube, Phanuel Mbovo, Walter Mutsvene, Worship Chataira, Sam Nyama, Brighton Mutsvedu Lesly Nyanyiwa

In light of the above ZLHR would like to express its concern over the criminal, wanton and blatant violation of the rights of these human rights defenders by the law enforcement agents of Zimbabwe, whose function it is to protect the rights of citizens rather than violate them with impunity. ZLHR further condemns the continued use of torture, inhuman and degrading treatment as a weapon of control against these defenseless human rights defenders in Zimbabwe and also notes with great concern the failure to respect the rights of even minor children in Zimbabwe.

ZLHR wishes to remind the government of Zimbabwe, including the law enforcement agents, of their obligation to respect, protect and promote the rights of all citizens and safeguard human rights defenders in their activities. The Zimbabwe Constitution, African Charter on Human and Peoples Rights as well as numerous other international covenants to which the state is party note without exception the freedom of expression, freedom of assembly and association and protection from inhuman and degrading treatment as fundamental human rights necessary for the well-being of society living in dignity.

Action requested

Please write to the Zimbabwean authorities, urging them to:

• cease the arrest, detention and victimization of human rights defenders on unscrupulous and frivolous charges.
• immediately cease the use of violence upon the people of Zimbabwe and thus play a role in fostering a culture of non-violence in Zimbabwe
• promote and practice tolerance and divergence of opinion in Zimbabwean society
• acknowledge, appreciate and respect the rights of persons in Zimbabwe to express themselves in all matters that affect them and respect their freedom of assembly in doing so
• to investigate the acts of torture, assault and ill treatment of the human rights defenders while in police custody and bring the perpetrators of such acts to book.

Addresses:

President of Zimbabwe, Mr. Robert G. Mugabe,
Office of the President,
Private Bag 7700,
Causeway,
Harare,
Zimbabwe,
Fax : +263 4 708 211

Mr. 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

Mr. Patrick Chinamasa,Minister of Justice, Legal and Parliamentary Affairs,
Ministry of Justice, Legal and Parliamentary Affairs,
Fax: + 263 4 77 29 99

Mr. Augustine Chihuri, Police Commissioner,
Police Headquarters,
P.O. Box 8807,
Causeway,
Harare,
Zimbabwe, Fax : +263 4 253 212 / 728768 / 726 084

Mr. Sobuza Gula Ndebele,
Attorney-General,
Office of the Attorney,
PO Box 7714,
Causeway,
Harare,
Zimbabwe,
Fax: + 263 4 77 32 47

Mrs. Chanetsa, Office of the Ombudsman
Fax: + 263 4 7041 19

Ambassador Mr. Chitsaka Chipaziwa,
Permanent Mission of Zimbabwe to the United Nations in Geneva,
Chemin William Barbey 27, 1292 Chambésy,
Switzerland,
Fax: + 4122 758 30 44,
Email: mission.zimbabwe@ties.itu.net

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