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Update on student arrests in Harare and Mutare
Zimbabwe Lawyers for Human Rights (ZLHR)
September 11, 2006

Below is an update in the two cases of student arrests which occurred over this past weekend.

Arrests in Harare
Further to our previous update, ZLHR advises that the eight students arrested in Harare on Friday 8 September 2006 were released late on Saturday evening. Lawyers from ZLHR's Public Interest Litigation Unit filed an urgent habeas corpus application at the High Court in Harare to obtain access to their clients. The matter was heard by Justice Chatukuta, who regrettably decided that the matter was not urgent, and indicated that the police were entitled to hold the students for the full 48-hour period, even though this was clearly an attempt to investigate after arrest.

Nevertheless, ZLHR lawyers then returned to the police station, accompanied by an officer from the Attorney-General's office, and were able to obtain access to the students. The police then decided to release the eight detainees without charge, and without further explanation.

ZLHR regrets the position taken by the High Court, and notes that eventually it was those who violated the detainees' rights who chose to release them, whilst the court offered them no protection, despite its role as the protector of individual rights and freedoms. ZLHR will pursue a claim for damages for unlawful arrest and detention on behalf of the students.

Update on Mutare arrests
Police in Mutare arrested 53 students on Saturday 9 September 2006 whilst attending a Zinasu meeting. Whilst 46 were released, 6 student leaders were detained for the whole weekend. ZLHR members, Jacob Mafume and Trust Maanda represented the interests of the affected students. The 6 student leaders were eventually released this morning (Monday 11 September) at around 10h00 after being forced to pay admission of guilt fines in the sum of Z$250 each, to buy their freedom. ZLHR lawyers are challenging these fines in court.

The students were charged under Section 41 of the Criminal Law (Codification and Reform) Act, under which they are alleged to have acted in a disorderly/riotous manner in a public place. The police alleged that their conduct was a breach of peace or was likely to cause a breach of peace.

ZLHR maintains that this was a wrongful arrest and detention, as the students were lawfully gathered. The fact that the police made them pay fines was an attempt to cover up the illegal arrests and detention. The payment of the fine by our clients was not in any way an admission of guilt but rather an effort to buy their freedom.

ZLHR again notes that our lawyers were on Saturday again denied access to these detained human rights defenders. This is the second time inside three days that police have denied people access to legal representation, in contravention of the Constitution of Zimbabwe. In denying the lawyers access, the police forwarded flimsy arguments that they could not allow access because they did not know which section had arrested the students.

ZLHR will be lodging a claim for unlawful arrest and detention against the police who were involved in this matter.

Irene Petras
Acting Executive Director
Zimbabwe Lawyers for Human Rights

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