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IBA
letter to Zimbabwe Justice Minister on the intimidation of Arnold
Tsunga
International
Bar Association (IBA)
January 30, 2007
http://www.ibanet.org/humanrights/Int_zim_jan07.cfm
Mr Patric Chinamasa, Minister
of Justice
Ministry
of Justice, Legal and Parliamentary Affairs
5th Floor
Corner House
Private
Bag 7751
Causeway
Harare
Zimbabwe
Fax: +263 4
252 155
Dear Minister,
Re: Intimidation
of Arnold Tsunga
We are writing
on behalf of the Human Rights Institute of the International Bar
Association in connection with the ongoing intimidation and harassment
of award winning human rights lawyer Arnold Tsunga, Director of
Zimbabwe
Lawyers for Human Rights and Acting Secretary of the Law Society
of Zimbabwe.
We have received
reports that Mr Tsunga was detained at the Harare International
Airport on 25 January 2006, on his return from the World Social
Forum in Kenya.
On leaving the
arrivals terminal at the airport, Mr Tsunga was confronted by four
men and escorted through a corridor into an office where he was
detained and interrogated for a brief period. Mr Tsunga was released
without charge. One of the men who confronted him is alleged to
be a well known operative of the Central Intelligence Organisation
(CIO) which is responsible for vetting people as they enter and
exit the country. The CIO appears to have since placed Mr Tsunga
under surveillance.
The IBA is concerned
that this recent move by the Zimbabwean authorities is only the
latest in a series of incidents aimed at threatening and intimidating
Mr Tsunga in order to prevent him from carrying out his professional
duties. In January 2006, he was arrested and reportedly tortured
in his capacity as a Trustee of the Voice
of the People broadcasting service and, on a different occasion,
Mr Tsunga received a warning that the Zimbabwean Government had
allegedly ordered his death. We are deeply concerned by this pattern
of harassment and intimidation and the fact that the persecution
of Mr Tsunga may be linked to his work as a human rights lawyer.
The IBA would
like to bring to your Government’s attention to Article 11 of the
Constitution
of the Republic of Zimbabwe which provides that everyone is
entitled to the fundamental rights and freedoms of the individual,
namely, the right to life, liberty and security of person and the
protection of the law; freedom of conscience, expression, assembly
and association; and protection for the privacy of one’s home and
property.
We would also
like to refer your Government to Articles 6, 8, 9 and 10 of the
African Charter on Human and Peoples Rights which prohibits arbitrary
arrest and detention and upholds the right to life, liberty and
security of person; the right freedom of profession; the right to
express and disseminate opinions within the law; and the right to
free association, respectively. These rights and freedoms are also
protected by articles 9, 17, 19 and 22 of the International Covenant
of Civil and Political Rights and Articles 3, 9, 12 and 19 of the
Universal Declaration of Human Rights.
Finally, we
would like to bring your Government’s attention to the United Nations
Basic Principles on the Role of Lawyers, in particular Article 16
which provides that governments shall ensure that lawyers are (a)
able to perform all of their professional functions without intimidation,
hindrance, harassment or improper interference; (b) able to travel
and to consult with their clients freely both within their own country
and abroad; and (c) shall not suffer, or be threatened with, prosecution
or administrative, economic or other sanctions for any action taken
in accordance with recognised professional duties, standards and
ethics. Article 17 states that where the security of lawyers is
threatened as a result of discharging their functions, they shall
be adequately safeguarded by the authorities; and Article 23 provides
that lawyers, like other citizens, are entitled to freedom of expression,
belief, association and assembly.
We urge your
Government to take all necessary measures to guarantee that the
rights and freedoms of all lawyers are respected in accordance with
international human rights standards. We also request an immediate
end to the intimidation and arbitrary detentions of Mr Tsunga and
would be grateful to receive your assurances that our concerns will
be addressed as a matter of urgency.
Yours sincerely,
Ambassador Emilio
Càrdenas
Justice
Richard J. Goldstone
Human
Rights Institute Council Co-Chairs
CC: Mr Khembo
Mohadi, Minister of Home Affairs; Mr Augustine Chihuri, Commissioner
of Police
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