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ZLHR
concerned at continuing indiscriminate arrests of MDC members
Zimbabwe Lawyers for Human Rights (ZLHR)
February 22, 2007
The Zimbabwe Lawyers for Human Rights
(ZLHR) remains concerned about the indiscriminate spate of arrests
of Tsvangirai-led Movement for Democratic Change (MDC) officials
and members over the past two days.
MDC
legislator, Willias Madzimure, MDC treasurer, Elton Mangoma and
MDC member, Grace Kwinje, were detained on Thursday 22 February
and removed to Rhodesville Police Station after presenting themselves
to the CID at the Law and Order section of Harare Central Police
Station in the company of their lawyers, Alec Muchadehama and Tafadzwa
Mugabe of ZLHR.
ZLHR
notes that the police acted in bad faith when they moved to detain
the trio overnight, reneging on an earlier undertaking to release
the MDC members after questioning. The trio, who had presented themselves
to assist police with investigations pertaining to alleged public
violence of 16 February 2007, were jointly charged with the nine
other members of MDC released on $50 000 bail each on Tuesday 20
February 2007. The nine, who included
MDC Secretary General and MP for Harare East, Tendai Biti,
MDC National Executive Committee member, Last Maengahama, and Deputy
Secretary for Local Government, Paul Madzore
were charged under Section 36(1)(a) of the Criminal
Law (Codification) Act and remanded to 7 March 2007.
In a related
incident three other MDC activists were arrested on Thursday 22
February 2007 in Gweru under unclear circumstances. The three, Stephanos
Njanji, Lovemore Howahowa and Cletus Ndonga, who had been initially
denied access to their lawyer, ZLHR member Reginald Chidawanyika,
were part of the 46 MDC members who were
arrested on Sunday 18 February 2007 in a Gweru-bound bus as they
sought a separate venue for the foiled Highfield rally. The trio
were picked up at 11 am and released at 5 pm on Thursday 22 February
and told to report to the Gweru Central Police Station on Friday
23 February 2007. Police wanted to know who had invited them to
Harare and who was the head of their delegation. The three have
since been cleared of any wrong doing. Another MDC member, Cornelius
Salitiwe was also picked up by police at 9 am at his place of employment,
the City of Gweru. He is still to be charged. His lawyer was told
he would only be able to see and talk to him once the police had
questioned him. ZLHR has been advised that more arrests are expected
in Gweru as police fear that MDC is planning a demonstration for
Saturday 24 February 2007. The development demonstrates an increasing
sense of paranoia in the ruling party in the wake of civil unrest
that has led to an increasing number of strikes by civil servants
and demonstrations by civil society.
Two
other MDC youths, Cleto Piki and Taurai Nyamanhindi, were arrested
at 9 pm on Wednesday 21 February 2007 on suspicion of being responsible
for the destruction of property in St Mary’s two weeks ago. Also
arrested was a Glen Norah MDC member, Nobert Mudadi, who faces charges
for allegedly assaulting ZANU-PF youths while mobilising other youths
from the opposition party for the foiled rally. Mudadi however alleges
that he had been brutally assaulted by the ruling party youths who
were not happy about his move to mobilise opposition party members
for the rally. This incident confirms the partisan nature of the
law enforcement agents who have a constitutional duty to protect
all members of the public, rather than certain sectors of society.
ZLHR
condemns the indiscriminate spate of arrests and see them as a move
to intimidate forces opposed to the state especially coming in the
wake of the three-month ban on political demonstrations and rallies
in Mbare and Harare South districts, and the further ban on such
legitimate and constitutionally protected activities in Harare Suburban
area which is reminiscent of the laws enforced during the colonial
era.
ZLHR is concerned
about the violation of the MDC members’ right to freedom of peaceful
assembly and expression as provided for in the Constitution of Zimbabwe
and the Universal Declaration of Human Rights, as well as a range
of other international treaties to which Zimbabwe is a State Party,
including the 1998 UN Declaration on Human Rights Defenders. The
Universal Declaration of Human Rights also condemns arbitrary arrest,
detention and exile which assert that “No one shall be subjected
to arbitrary arrest, detention or exile” and “Everyone has
the right to freedom of peaceful assembly and association.”
ZLHR
urges the police and government to observe these basic human rights
in the interest of upholding the rule of law. Members of society
need to be treated equally and ZLHR maintains that acting otherwise
encourages and promotes impunity and leads to a further deterioration
and undermining of the rule of law and good governance. ZLHR believes
that people should be allowed to enjoy their rights and be free
to exercise their rights in their country of origin for social,
political and economic growth to be achieved.
Visit the ZLHR
fact
sheet
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