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Criminal charge against journalist thrown out
Zimbabwe Lawyers for Human Rights (ZLHR)
June 20, 2007

On 20 June 2007 Zimbabwean newspaper journalist, Mr. Gift Phiri, who was arrested on 1 April 2007 and tortured while in police custody for allegedly publishing false stories was removed from remand in the Magistrates' Courts at Rotten Row, with charges against him being dismissed. Mr. Phiri had been charged with abusing journalistic privilege under section 80 (1) (b) of the Access to Information and Protection of Privacy Act [Chapter 10:27] (AIPPA).

Mr. Phiri's lawyer, Rangu Nyamurundira of ZLHR, made an application for refusal of remand in the Magistrates' Court, which was presided over by magistrate Gloria Takundwa. It was argued in the application that the State had in fact charged Mr. Phiri with a non-existent criminal offence, since section 80 (1) (b) of AIPPA which criminalized publication of falsehoods had since been repealed and subsequently amended by the Access to Information and Protection of Privacy Amendment Act No. 5 of 2003, meaning that Mr. Phiri was being made to answer to a non-existing offence.

The State sought to argue that, despite there being a non-existent section 81 (1) (b), the charge could "simply" be amended and the accused could now be charged under the new section 80 (c) which criminalizes any statement which threatens the interests of defence, public safety, public order, or economic interests and injures the reputation and rights of another person.

Ms Gloria Takundwa however ruled that Mr. Phiri had indeed been charged with a nonexisting offence which had long been repealed, and that he could not now be retrospectively charged with a new criminal offence. Mr. Phiri was subsequently removed from remand with charges being dismissed.

This refusal by the court to place Mr. Phiri on further remand is clear testimony of theabuse of the law and relentless impunity by the police in arbitrarily arresting and detaining journalists on non-existent or trumped-up criminal charges to harass and instill fear in them while violating their right to liberty and protection from torture, inhuman and degrading treatment or punishment. The aim is clearly to stop them from exercising their right to freedom of expression and keeping the State accountable for any corrupt activities or violation of rights.

ZLHR welcomes the decision of the Magistrates Courts in upholding and safeguarding the rights of Mr. Phiri, while strongly condemning the continued attacks against journalists and abuse of the law and violation of human rights with impunity by the State and the Zimbabwe Republic Police.

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