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Continued
harassment of workers, students, women activists and human rights
defenders in Zimbabwe
Zimbabwe Lawyers for Human Rights (ZLHR)
February 16, 2007
Zimbabwe
Lawyers for Human Rights (ZLHR) wishes to express its concern and
condemn the on-going harassment of human rights defenders and Zimbabweans
through widespread and indiscriminate arrests and detention of individuals
and members of legally recognized non-governmental organizations
for exercising their constitutionally guaranteed and recognized
fundamental rights and freedoms, namely of expression, association
and assembly. This week has been characterized by an unprecedented
number of arrests and detention of human rights defenders and activists
on spurious grounds.
Student
Leaders, Harare
On 13 February, 2007 eleven (11) student leaders from Zimbabwe
National Students Union (ZINASU) were arrested at Harare Polytechnic
where they were attempting to hold peaceful consultative meetings
with their constituency. The students were detained at Harare Central
Police, under the Law and Order Section.
It took the
police officers 48 hours to charge eight of the students under the
repealed sections of the Miscellaneous Offences Act and these were
released after paying admission of guilt fines amounting to Z$250
each. The Miscellaneous Offences Act was repealed by the Criminal
Law (Codification and Reform Act). The fines are therefore a
nullity and the detention very much contestable at law. The police
officers continue to detain three students, namely Promise Mkwananzi,
Maureen Kademaunga and Lawrence Mashungu despite the expiry of the
prescribed 48-hour period of detention. These three have been charged
for breaching the peace under Section 37(1) (b) of the Criminal
Law (Codification and Reform Act.) which states that "any
person who acting together with one or more other persons present
with him or her in any place or at any meeting performs any action,
utters any words or distributes or displays any writing, sign or
other visible representation that is obscene, threatening, abusive
or insulting, intending thereby to provoke a breach of the peace
or realising that there is a risk or possibility that a breach of
the peace may be provoked". Students are yet to appear in court
Women
of Zimbabwe Arise, Harare
On
13 February 2007 the members of the riot police using tear gas and
dogs stopped a march by representatives of Women
of Zimbabwe Arise (WOZA), who were peacefully marching to celebrate
Valentine’s Day. Eight women were arrested and detained at Harare
Central Police Station. The eight women were charged for breaching
the peace, under section 37 (1) (b) of the Criminal Law (Codification
and Reform) Act.
After spending
a day and a half in filthy police cells they were left with no option
but to pay admission of guilt fines of Z$250 under a repealed Act
to gain their freedom.
Women
of Zimbabwe Arise, Bulawayo
In
Bulawayo ZLHR deployed three lawyers to attend to at least 174 members
of WOZA, including some thirty four minors, who were arrested and
detained, several of them were heavily assaulted by the police after
peacefully participating in the Valentine’s Day march. During the
process of recording the details of the women, the police in Bulawayo
were said to be using video cameras whilst interviewing the women,
and insisting the women providing personal details.
As of the 15th
of February at least 140 of the women remained in custody, with
their lawyers having to make an urgent application to the High Court
to secure their release, the 48 hour detention period having expired.
During the 48 hours period lawyers experienced untold difficulties
in accessing their clients who were being held at various police
stations throughout Bulawayo.
Progressive
Teachers of Union Zimbabwe Leadership
On
the 14th February 2007, police officers apprehended Raymond
Majongwe and Macdonald Mangauzani of the Progressive
Teachers Union of Zimbabwe (PTUZ). The two were holding consultative
meetings with their members at Haig Park Primary School at the time
of their arrest. It was alleged that Raymond and Macdonald had incited
teachers to strike after informing them that "a teacher earns
ZWD 84,000 monthly and less than 2800 daily which translates numerically
to the cost of buying 17 bananas". The police preferred to
charge them under section 37(1) (b) of the Criminal Law (Codification
and Reform Act). After spending a night in custody, by 1130 am on
the 15th of February 2007, all paper work was completed
and lawyers ready to appear in court, only to be informed that instructions
had been received not to take the activists to court but re detain
them. This was swiftly and promptly done. Suspiciously around 1820hrs,
Raymond and Macdonald were asked to collect their belongings without
being informed of their destination, they objected and quickly sent
a message to their lawyers, Andrew Makoni and Otto Saki. At 1830
hrs, Otto Saki arrived and was surprised to see that his clients
surrounded by 6 unidentified and menacing man in the dimly light
corridors of the Law and Order Section.
The investigating officer Detective Constable Muyashu directed Otto
Saki to liaise with the officer in Charge Detective Chief Inspector
Mavunda, while he accompanied the now released activists to the
car park. Unknown to Detective Constable Muyashu, Detective Chief
Inspector Mavunda, was a few steps behind and hastily indicated
that they were failing to get witnesses to testify in court the
following day and would proceed by way of summons. This was obviously
not true as witnesses are not required on initial remand. Lawyers
immediately whisked their clients away. One of the 6 men was identified
as a notorious Central Intelligence Operative who later accosted
Raymond and MacDonald all the way to Raymond‘s house.
ZLHR notes with
grave concern and strongly condemns the unlawful conduct of the
police in violating people’s constitutional rights to liberty as
well as freedoms of expression, association and assembly. The events
noted above are clear evidence of how the police continue to arbitrarily
arrest, intimidate, harass and detain other wise innocent people
without regard to their rights contrary to the Declaration on the
Right and Responsibility of Individuals, Groups and Organs of Society
to Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms (the Declaration on Human Rights Defenders).
The right to
liberty has been stated world over by courts and international agreements
to be a special right which must not be taken away with such little
thought and concern. Section 13 of the Constitution of Zimbabwe
protects this right. Continued detention of people in cells whose
conditions are inhuman and degrading and leaving those detained
therein with no option but to pay ‘admission of guilt fines’ to
gain their freedom is strongly condemned.
ZLHR wishes
to remind the ZRP and the government of Zimbabwe of their obligation
to respect, protect, promote and fulfill the rights of all citizens
and to safeguard human rights defenders. The Zimbabwe Constitution,
African Charter on Human and Peoples Rights as well as numerous
other international covenants, to which Zimbabwe is a state party,
protect these rights. Zimbabwe Lawyers for Human Rights thus calls
upon the government of Zimbabwe to;
- cease the
arrest, and detention and victimization of human rights defenders
and activists under frivolous charges
- to guarantee
the security and safety of human rights defenders while in custody
and when released
- to acknowledge,
appreciate and respect the rights of persons in Zimbabwe to express
themselves peacefully on issues that affect their lives and rights
- to cease
the use of arrests, harassment, detention and payment of coerced
"admission of guilt fines" to silence and frustrate
those who would seek to be heard
It is incumbent
upon the government to ensure that the country is not reduced into
a police state, if it is not already one, from the evidence on the
ground.
Visit the ZLHR
fact
sheet
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