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Acceptance
statement on inagural US Secretary of State Freedom Award
Zimbabwe Lawyers for Human Rights (ZLHR)
December 10, 2007
Zimbabwe Lawyers
for Human Rights (ZLHR) is a not for profit human rights organization
whose core objective is to foster a culture of human rights in Zimbabwe
through observance of the rule of law. ZLHR is committed to upholding
respect for the rule of law and the unimpeded administration of
justice, free and fair elections, the free flow of information and
the protection of constitutional rights and freedoms in Zimbabwe
and the surrounding region. It keeps these values central in its
programming activities. ZLHR has a national membership of around
170 lawyers and law students who voluntarily associate with each
other due to their individual and collective interest in the promotion
and protection of human rights.
ZLHR believes
that self regulation of the legal profession is an important element
in ensuring and guaranteeing the independence of the legal profession.
An independent legal profession provides a basis for an independent
judiciary in Zimbabwe so fundamental to separation of powers and
accountability. The creation of a human rights culture and a strong
commitment to the rule of law are prerequisites for the return to
legitimacy in Zimbabwe.
Unfortunately
the practice of law has become a minefield in Zimbabwe. The legal
profession has stood as a buffer to protect ordinary citizens, human
rights defenders and legitimate political opponents from an Executive
that retains and consolidates power through serious human rights
violations with impunity. ZLHR has since 2003 provided free emergency
legal aid to about 1000 men, women and the youth annually facing
persecution in Zimbabwe for yearning for freedom and justice. The
lawyers are in turn inspired by the resilience of the human rights
defenders in Zimbabwe who have stood up so valiantly under tremendous
adversities. The state has become a predator for independent minded
lawyers as lawyers, magistrates, public prosecutors and even in
some instances judges are arrested, detained, tortured, placed under
surveillance, subjected to breakins, arbitrary search and seizures,
subjected to media attacks and hate messages merely for practicing
law in a fair, fearless and impartial manner.
It would be
inappropriate for ZLHR not to condemn in the strongest possible
terms the current assault on the dignity and self worthiness of
magistrates and public prosecutors by the state which has impoverished
and pauperised them by paying them an average of less than US$16
per month per person as a salary in an environment of inflation
that in real terms is above 16 000%. This is tantamount to destroying
the very foundations of the court structure and their legitimate
demands need to be urgently and adequately addressed. The justice
administration system is suffering potential irreparable damage
and thousands of people are denied justice while the country continues
sinking into anarchy and lawlessness.
ZLHR has a small
request to make to a number of parties:
To the
government of Zimbabwe;
1. Respect the
African Fair trial standards that provide that "[African] States
shall ensure that lawyers: o are able to perform all of their professional
functions without intimidation, hindrance, harassment or improper
interference; o are able to travel and to consult with their clients
freely both within their own country and abroad;"
2. Give Zimbabweans a new people driven constitution followed by
genuine, free and fair elections in 2008 supervised by the international
community.
To the AU and
SADC political leadership (including the Zimbabwe political parties)
in particular the Mbeki driven facilitation(Mediation) team, please
ensure that restoration of the rule of law including effective,
demonstrable and credible dismantling of the infrastructure and
climate of violence and impunity is on the top of the mediation
agenda.
To the USA government,
thank you on behalf of all human rights lawyers and their clients
in Zimbabwe for the
support. Please make the support of human rights an integral
part of both your domestic and foreign policy so as to create a
basis for sustainable global peace.
Thank you
Appendix:
Timeline
On 11
March 2007, while inquiring on the whereabouts of his arrested
clients who are legitimate political opposition leaders in Zimbabwe
belonging to the Movement for Democratic Change (MDC), lawyer Mr
Harrison Nkomo was assaulted with a baton stick by officers at Machipisa
police station in Harare in full view of other police officers and
members of the public. He had to flee the scene with police officers
in hot pursuit threatening to beat him further merely for wanting
to do his job as a lawyer. He was warned not to return to the police
station.
Also on 11 March
2007 lawyer Ms Irene Petras was threatened by the Detective Inspector
Rangwani at the Law and Order section at Harare Central police station
when she attempted to gain access to her clients. Detective Rangwani
shouted that the police were "in a war situation and we will
use our own rules of engagement against lawyers" before ordering
her and colleagues to leave the police station.
On 16 March
2007 lawyer Mr Otto Saki received an anonymous telephone call at
the offices of Zimbabwe Lawyers for Human Rights (ZLHR) from an
unnamed individual, who warned him to stop representing members
of the Save Zimbabwe Campaign[1] or face death. He was also told
that all the ZLHR lawyers would be "silenced" and would
face the same consequences (i.e. be subjected to state organised
violence and torture) that their clients had met on 11 March 2007.
Between 16 March
2007 and 18 March 2007 officers from the Central Intelligence organisation
(CIO) made surveillance visits to the offices of ZLHR at least 7
times in attempts to harass and intimidate lawyers working for the
organisation so that they would not continue to ensure protection
of the law to people whose causes the government of Zimbabwe disliked.
The CIO is generally known to plan and execute violence, torture,
disappearances, murder and other heinous crimes with impunity owing
to the role that they play as an extension of a political wing of
the ruling party whose primary objective is preserving the political
status quo rather than doing their job of preserving national security
from genuine external threats.[2]
On 17 March
2007, lawyer Mr Tafadzwa Mugabe accompanied his clients Mrs Sekai
Holland and Ms Grace Kwinjeh (tortured members of the opposition
MDC who were being airlifted to South Africa for medical treatment)
to the airport. In contravention of a High Court Order, his clients
were barred from leaving the country, re-arrested and escorted by
armed police back to the private hospital Avenues Clinic in Harare
where they were placed under illegal police guard. When he attempted
to assert their rights and explain the law to CIO and immigration
officials at the Harare International airport, Mr Mugabe was threatened
with arrest and assault. He was further warned to stop representing
such clients and taking up such cases if he wanted to enjoy his
peace and freedom.
Also on 17 March
2007, another ZLHR lawyer, Mr Dzimbabwe Chimbga, was stopped and
harassed by intelligence and immigration officials at the airport
when returning to Harare from Namibia. He was warned to desist from
taking up such cases where he represents people whose causes were
unpopular with the government of Zimbabwe. He was told and threatened
that all the lawyers working with and for ZLHR would be "dealt
with" shortly.
On 17 and 18
March 2007 officers from the dreaded CIO visited the law offices
of Mr Makoni and Mr Muchadehama in Harare. They attempted to gain
access to the office and to intimidate the lawyers from continuing
to represent human rights defenders and legitimate political opponents
of ZANU PF.
On 18 March
2007, the Officer Commanding Law and Order section of the police
force in Zimbabwe, Assistant Commissioner Musarashana Mabunda, threatened
lawyer Mr Andrew Makoni at Harare Central police station, whilst
he was attempting to serve a High Court Order on the police. AC
Mabunda indicated that during Zimbabwe's liberation struggle, lawyers
"disappeared" and that since Mr Makoni and his colleagues
believed they were waging a new "liberation struggle",
they too could and would be made to disappear. AC Mabunda is further
alleged to have stated to the lawyer that the President of Zimbabwe
had specifically told all those involved in assisting human rights
defenders and political activists in Zimbabwe to "go hang".
The same words were repeated to Mr Makoni as AC Mabunda continued
to threaten the lawyers with disappearance if they continued to
represent clients who the state disliked. Before asking Mr Makoni
to leave the police station, AC Mabunda tore the court order into
pieces and crumpled it into a ball before throwing into Andrew Makoni's
face.
On 19 March
2007, lawyer Mr Harrison Nkomo was threatened with arrest by Assistant
Commissioner Mabunda as Mr Nkomo was serving court process and notices
of set down on the police. His wrong was representing people whose
cause the police felt was unpopular with the authorities in Zimbabwe
A letter dated
22 March 2007, purportedly from the CIO to the Zimbabwe military
intelligence corps, was leaked to press at the beginning of April
2007 in which instructions were being given to the military intelligence
under one Colonel Chaminuka, in collaboration with the ZANU PF intelligence
wing, an order to extra-judicially execute a number of people including
two lawyers, Arnold Tsunga, the LSZ Secretary and Lovemore Madhuku,
a law lecturer and Chairperson of the National Constitutional Assembly
(NCA). A Colonel Muhambi of the Zimbabwe military intelligence confirmed
that he was aware of the existence of the letter but denied that
they had "such an operation" and stated categorically
that even if Colonel Chaminuka was in fact present at the Zimbabwe
military intelligence corps they would not proceed to investigate
the matter and report to the concerned threatened parties[3].
On 19 April
2007, the harassment of ZLHR lawyer Mr Tafadzwa Mugabe culminated
in the summary forced eviction of his mother, Assistant Inspector
Musarurwa, and him from Msasa Police Camp. Prior to this eviction,
Assistant Inspector Musarurwa (a police officer who has loyally
served the Force since independence in 1980) had been confronted
by one Assistant Commissioner Bengu who sought clarification as
to the fact that she stays with a son, who happens to be a lawyer
who "represents MDC people". She confirmed the first two
allegations; that is that the writer is her son, she lives with
him, and he is employed by Zimbabwe Lawyers for Human Rights. She
however did not confirm that he 'represents MDC people' on account
of the fact that to the best of her knowledge a lawyer represents
many people at his discretion, as part of his professional and ethical
duty, or at the very least as directed by his or her employer. Assistant
Inspector Musarurwa was also subjected to similar verbal harassment
by Assistant Commissioner Mabunda. Assistant Inspector Musarurwa
consequently suffered a mild stroke and has since been compelled
to resign with indignity from police service after 27 years of diligent
service to the force and country.
On 4 May 2007
two senior lawyers Messrs Alec Muchadehama and Andrew Makoni were
arrested outside the High Court, Harare, by members of the Law and
Order Section of the police. The arrests were entirely premised
on their representation of their clients in matters that remain
pending before courts and on which the courts have made no adverse
pronouncements on their conduct. Following their arrests, the two
were denied access to their lawyers and members of their families,
their whereabouts were not disclosed to their lawyers and members
of their families, they were denied food and medication and their
rights to the full protection of the law were severely compromised.
Police officers from the Law and Order Section led by Officer in
Charge of Law and Order, Harare, Chief Inspector Manjengwa, and
Detective Inspector Muchada conducted an unlawful search at the
lawyers' offices. Upon attendances by lawyers Lawrence Chibwe and
Otto Saki at the premises, Chief Inspector Manjengwa threatened
the lawyers with arrest for obstruction of justice and refused to
provide the lawyers with copies of the search warrant before pushing
them out.
Despite a High
Court Order declaring their arrest and detention unlawful, and ordering
their immediate release at about lunch time on 5 May 2007, the police
refused to release them and they remained in custody overnight.
Following a second application, the High Court ordered that they
be produced before it on 6 May 2007. Once again, the police refused
to produce them and they remained in custody until 7 May 2007 when
they were released on bail.
Lawyers acting
for the two were harassed, threatened and severely intimidated by
officers of the Law and Order Section as and when they served the
court applications and court orders and the general refusal to accept
service of court process by members of the Law and Order Section
continued.[4]
On 8 May 2007
members of the LSZ attempted to gather for a peaceful solidarity
protest outside the High Court of Zimbabwe in Harare. The lawyers
were due to present a petition to the Minister of Justice, the Attorney
General and the Commissioner of Police urging full and immediate
protection for lawyers and prosecutors in the execution of their
professional duties as stipulated in the African Charter on Human
and Peoples' Rights and the Principles and Guidelines on the Right
to a Fair Trial and Legal Assistance in Africa.
This came in
the wake of harassment, threats and assaults on human rights lawyers
at the hands of the police, and which had culminated in the arrest
and detention of Alec Muchadehama and Andrew Makoni as aforesaid.
Around 60 lawyers
had lawfully gathered outside the High Court, when they were ordered
by Chief Superintendent Tenderere to disperse before the count of
three, failing which his officers had instructions to "deal
with" lawyers. In Zimbabwe speak, "deal with" means
"beat" and sometimes worse. Lawyers immediately complied
with the order and began to walk back to their offices.
However, as
lawyers began to disperse, riot police, uniformed officers and plainclothes
individuals wielding baton sticks began to threaten the lawyers,
verbally abuse them, and prod them with their baton sticks.
Led by the LSZ
President, Mrs. Beatrice Mtetwa, and two other Councillors of the
Law Society, Collin Kuhuni and Chris Mhike, a number of lawyers
dispersed in the direction of the Attorney General's office. They
were walking on the pavement. Without provocation or warning, police
began assaulting lawyers with baton sticks, because they "were
not dispersing fast enough". Senior lawyers Mordecai Mahlangu,
Chris Seddon, Terrence Fitzpatrick, Tendai Biti, and Acting Director
of ZLHR, Irene Petras, were amongst those subjected to such assaults.
When Messrs
Mtetwa, Kuhuni, Mhike and Fitzpatrick ran into the Attorney General's
office to seek protection from the ruthless police, they were chased
by riot police, and found other officers already waiting for them
inside the building. The four were loaded into a police truck and
driven to Eastlea (about 3km outside the city centre), where they
were offloaded and severely beaten with baton sticks in full view
of the public. Police then abruptly abandoned them on the side of
the road, telling them to "go now and present your petition
with your swollen bodies".
Police have
tried to suggest that this gathering was unlawful. In terms of the
Public
Order and Security Act (POSA), certain groups are required to
notify (not obtain permission) from the police before gathering.
Lawyers, especially when gathering as a Law Society, are a professional
organisation, and are thus exempt from providing notice to the authorities.
In any event, and out of an abundance of caution and a matter of
courtesy, the police had been notified of the gathering. The lawyers
were gathering in furtherance of the aims of their profession (protection
of the independence of the legal profession) and were therefore
well within the confines of the law. In any event, illegality of
a gathering (which is not admitted) is no excuse for beating individuals,
especially when they have complied with an order to disperse, are
not causing an obstruction to traffic or pedestrians, and are not
provoking the police.
A formal complaint
was lodged with the Attorney General's Office and the Minister of
Justice.
The eye witness
accounts of senior members of the LSZ, Nokuthula Moyo and Mordecai
Mahlangu (who is also a former president of the LSZ) have been attached
as annexures to this document.
On 9 May 2007
Lawyers in Mutare attempted to march and their march was banned
by the police and a requirement that they give 4 days notice in
terms of POSA was used as an excuse. On the same day as the time
for the march approached, the police deployed about 10 police officers
at the entrance to the residence of Tinoziva Bere who was organizing
the peaceful march. They also deployed between 10 and 15 police
officers at the opposite the entrance to his offices and about 20
opposite and next to the exit to his offices in a show of force.
The lawyers determined to proceed gave notice of 5 days under protest
through the area LSZ councilor, Mr. Tinoziva Bere but again the
police replied banning the march on new spurious grounds.
On 14 May 2007
lawyers in Mutare, who defied an invalid ban by the police, and
had participated in a peaceful protest against the harassment of
members of the legal profession were in turn briefly arrested before
being released. Further the police and some plain clothes elements
operating with the police and believed to be members of the dreaded
CIO forcibly took personal private details of the lawyers and it
is unclear what they want to use these for other than to further
intimidate the lawyers or to take some targeted action against them.
Also on 14 May
2007 senior lawyer Mr. Samkange was arrested, removed from his home
and placed in police custody at Rhodesville police station. The
President of the Law Society, Mrs. Beatrice Mtetwa, who together
with members of the LSZ and ZLHR visited him while in police custody,
established that he was picked up from his Avondale residence close
to midnight by about six police officers led by one Supt Nyamupaguma
who had orders to arrest and detain him on allegations of contravening
the Immigration Act particularly section 26 (1)
(b) thereof,
it being alleged that he falsely declared that he was going to host
a certain visitor of his from abroad yet in fact the said person
is alleged to have been intended to be a witness in the State -v-Mann
Extradition hearing. He was subsequently released without charges
having been formally laid against him after the Attorney General's
representative found no basis for the arrest. Even if there had
been a clear offence, it is also noteworthy that the offence is
a fineable one and hardly justified the arrest and detention of
an officer of the court in the middle of the night. Lawyers in public
service have not been spared the harassment, intimidation, threats,
arbitrary arrests and detention and assaults. They have also suffered
administrative persecution through arbitrary transfers, demotions,
dismissals and re-assignments.
Levison Chikafu[5] and Richard Chikosha[6] are two officers in the
Attorney-General's Office who have suffered serious persecution
for seemingly handling sensitive cases bravely, independently and
fairly. Chikafu suffered prolonged pre-trial detention after being
arrested in suspicious circumstances in March 2007 while Chikosha
was allegedly detained and assaulted by the Law and Order chief
of the police force, Assistant Commissioner Mabunda[7] for consenting
to a court order declaring the arrest and detention of Makoni and
Muchadehama unlawful and ordering their release, as previously outlined.
4 May 07 Extract
from Jesse Majome testimony
"Upon my
announcing my identity and mission in room 8 I was directed to two
doors away where I knocked and entered. 2 apparently senior officers
were sitting behind a desk while 3 more were seated on either side
of the visitors'side. All were in plainclothes. The atmosphere was
immediately hostile, I announced my name and mission upon which
one of the officers behind the desk immediately directed a volley
of questions to me in a loud booming voice, scowling menacingly
all the while about my mandate especially as to whether or not Alec
and Andrew [two detained lawyers] had specifically asked me to deliver
food to them and when exactly, if not who exactly had sent me. Knowing
that revealing these details would compromise the safety and position
of Alec and Andrew I gave general responses and demanded to know
if I was under interrogation and for what purpose. The officer took
offence with this (in fact, he and his senior colleague seemed to
take offence with everything I said) and warned and made me aware
that I was more or less privileged to be standing there talking
to them and that if I did not want to answer his questions I would
be made to leave and 'accompanied'out. I was told not to visit police
offices with 'pre-conceived ideas'and told of how the officers had
just dispatched my colleagues Harrison Nkomo, Lawrence Chibwe, Otto
Saki, and another and threatened them with assault and summoning
the riot police. I found myself caught in the contradictory awkward
position of insisting, begging, and defying!"
Notes
1 Save Zimbabwe
Campaign is a coalition of religious and other civil society groups
that are grappling to bring together the main political players
in Zimbabwe in order to help to contribute to the return to stability
in Zimbabwe. One prayer meeting that they tried to hold in Harare
on 11 March 2007 was brutally and violently broken down by the police
in Zimbabwe resulting in injury to over 60 people including the
leader of the main opposition MDC party, Morgan Tsvangirai. Zimbabwe
Association of Doctors for Human Rights released a press statement
on 14 March 2007 in which it was stated that "of the 64 persons
attended to 20 are currently admitted to hospital for treatment.
The injuries documented were consistent with beatings with blunt
objects heavy enough to cause the following:
- Fractures
to hands, arms and legs in 5 individuals including Lovemore Madhuku
with a fractured ulna. 3 of these, Elton Mangoma, Sekai Holland
and Morgan Tsvangirai sustained multiple fractures.
- Severe, extensive
and multiple soft tissue injuries to the backs, shoulders, arms,
buttocks and thighs of 14 individuals.
- Head injuries
to 3 individuals, Nelson Chamisa, Morgan Tsvangirai and Lovemore
Madhuku with the latter two sustaining deep lacerations to the
scalp.
- A possibly
ruptured bowel in 1 individual due to severe blunt trauma to the
abdomen.
- A split right
ear lobe sustained by Grace Kwinjeh. Prolonged detention without
accessing medical treatment resulted in severe haemorrhage in
Morgan Tsvangirai leading to severe anaemia which warranted a
blood transfusion." See ZADHR annexure hereto.
2 One case of
CIO impunity that continues to vex lawyers in Zimbabwe is the summary
execution of opposition members Talent Mabika and Tichaona Chiminya
that was carried out in broad daylight in 2002 prior to the presidential
elections, when CIO operative Joseph Mwale torched them alive in
Buhera. Not only was Mwale then immediately promoted by President
Mugabe to be in charge of the CIO in Chimanimani, but he also continues
to roam the streets free terrorizing innocent people despite a High
Court Order by Justice James Devittie in 2003 directing the Attorney
General to prosecute him.
3 The letter
titled "Death List" is attached as an annexure hereto.
Some people mentioned in the letter include opposition leaders,
Morgan Tsvangirai and Author Mutambara, Kuwadzana Member of Parliament
(MDC), Nelson Chamisa, and journalists Wilf Mbanga and Gift Phiri.
Morgan Tsvangirai, Nelson Chamisa, Lovemore Madhuku and Gift Phiri
have since been abducted and tortured by the police and other state
forces. No investigations and/or prosecutions have been undertaken
by the Zimbabwe Republic Police.
4 One lawyer,
Ms Jessie Majome, who went to see them at the Law and Order Section
of the police force gave a personal account of how she was treated
by the police force that is under the command of the notorious Assistant
Commissioner Mabunda including that "The officers at CID Law
& Order were hostile and determined to frighten and intimidate
me into leaving the station without executing my mission . . .
I was told not to visit police offices with 'pre-conceived ideas'
and told of how the officers had just dispatched my colleagues Harrison
Nkomo, Lawrence Chibwe, Otto Saki, and another and threatened them
with assault and summoning the riot police. I found myself caught
in the contradictory awkward position of insisting, begging, and
defying!" See annexure for Jessie Majome's full testimony.
5 Levison Chikafu
is a state prosecutor who prosecuted the Minister of Justice, Legal
& Parliamentary Affairs, Patrick Chinamasa, during his trial
on allegations of obstructing the course of justice. Chikafu was
arrested and languished in remand prison for weeks after the Minister
of Justice was acquitted in this case, where the Minister of State
Security, Didymus Mutasa, was also accused of intimidating the police,
the bench and the prosecution in cases where he was being prosecuted
for instigating political violence.
6 Richard Chikosha
is a Law Officer working in the office of the Attorney General.
It is believed that he has now predictably been pressured to deny
being assaulted as a way of avoiding further future persecution.
Such type of practicing environment renders the prosecution authorities
a liability to society as they can not be independent and capable
of protecting society from the administrative practice of selective
application of the law and the regular abuse of the judicial process
as an instrument of political persecution and domination.
7 MABUNDA is
the same police officer who in August 2002 and in open court berated
and threatened a judicial officer, Magistrate CHIKWANHA for granting
bail to 5 accused MDC activists. The lawyer representing the accused
persons was also assaulted and he had to run for dear life. Mabunda,
then an officer in Charge of Chipinge refused to investigate the
matter or to arrest the offenders whose names were given to him.
As reported then by AMNESTY INTERNATIONAL then, "The government
has also stepped up its harassment of the judiciary, as witnessed
by several recent attacks on magistrates. On 16 August 2002 in the
eastern town of Chipinge, Manicaland province, district magistrate
Walter Chikwanha was reportedly dragged from his courtroom by suspected
war veterans and assaulted at the government complex. No one has
been arrested in connection with the attack which is alleged to
be in response to Chikwanha's dismissal of an application by the
State to remand in custody five MDC officials who along with two
others, were accused of burning two government tractors in Chipinge.
Following their release, the five were re-arrested, but Chikwanha
refused to place them in custody on the basis that the State did
not have sufficient evidence to warrant their detention."
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