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Unwarranted attacks on human rights defenders and legitimate political opponents continue
Zimbabwe Lawyers for Human Rights (ZLHR)
June 03, 2008

Zimbabwe Lawyers for Human Rights (ZLHR) notes with increasing concern the unwarranted and continued attacks on human rights defenders (HRDs) and legitimate political opponents during the period preceding the 27 June 2008 Presidential Election Run-Off. The selective application of the law and the abuse of criminal prosecution as against both legitimate and perceived political opponents is a particularly worrying and noticeable trend.

Of particular concern are the recent arrests, detention and prosecution of, amongst others, Advocate Eric Matinenga, Jenniffer Williams, Magodonga Mahlangu, Trust Masiwa and 11 others, Ian Kay and Arthur Mutambara.

Ian Kay (MDC MP Elect, Marondera) was recently arrested and detained well in excess of the prescribed 48 hours before being formally charged. Upon appearing in court and being granted bail the State, as has become the norm, invoked section 121 of the Criminal Procedure and Evidence Act (CPEA) when it appealed against the bail ordered and as such succeeded in ensuring that Hon Kay remained in custody pending the hearing of the appeal. He is currently being held at Murewa Remand Prison.

On Wednesday 28 May 2008, Jenniffer Williams and 13 others, mostly women and one male activist, of the Women and Men of Zimbabwe Arise (WOZA, MOZA) were arrested in Harare for demonstrating against the current wave of political violence. They were also detained well in excess of the legally permissible 48 hours and only appeared in court after 16:00hrs on Friday 30th May 2008. The following day the group was granted bail and, once again, the State appealed against the findings of the court and invoked s121 of the CPEA, with the result that the group remained in custody. The group is currently detained at Harare Remand Prison.

On Friday 30 May 2008, at around 1400hrs, CID Law & Order details and some suspected Central Intelligence Organisation (CIO) agents pounced on the Crisis in Zimbabwe Coalition Offices and 'arrested' Philimon Sajeni and another employee of the Coalition. They searched the office for 'broadcasting equipment' and drove the two victims around for some time before dumping them with no charges. It became apparent that they just wanted to know the whereabouts of the new Crisis offices for surveillance reasons.

On 2 June 2008 and at around 0400hrs four men suspected to be members of the CIO arrived at the Crisis offices in an unmarked Mercedes Benz Kompressor and began harassing the guard demanding to know among other things what was in the offices and what was done in there. The guard stood his ground and did not open the gate, so they left but not without a stern warning that they would be back.

On Saturday 31 May 2008 in Buhera, MDC MP Elect for Buhera West, Advocate Eric Matinenga, was arrested for allegedly inciting public violence in the constituency. This was after he had attended in his constituency to provide legal representation and support to party members who had been arrested and subjected to retributive political violence. Hon Matinenga had a few days earlier won a High Court Order barring the Zimbabwe National Army from carrying out any activities in the constituency save for those stipulated in the Constitution of Zimbabwe. Hon. Matinenga was detained at Buhera police station over the weekend and was eventually taken to Mutare Central Police Station on the night of 2 June 2008. He is scheduled to appear at the Mutare Magistrates Court today (3 June).

On Sunday 1 June 2008, armed police from Harare Central surrounded the home of and arrested Prof Arthur Mutambara, the leader of the MDC political party. Prof Mutambara is being accused of publishing falsehoods through an opinion which appeared in The Standard, whose editor Davison Maruziva has already been dragged before the courts to answer to similar charges. He remains in detention and was due to appear in court today (3 June).

The above represents the almost everyday treatment of HRDs and other legitimate political players by state representatives. Of concern is the apparent abuse of the law as against these groups of people especially when one looks at the noticeable trends of wanton arrest, prolonged detentions, and the lodging of unnecessary appeals to frustrate orders of court. Groups and individuals continue to face legislative and administrative impediments as they seek to exercise their human, fundamental and constitutional rights, and this must be brought to an end.

ZLHR calls upon the various state agencies to respect the fundamental rights of the individual to free expression, association and assembly. These rights are categorically enshrined in the Constitution of Zimbabwe as well as under numerous international and regional instruments which Zimbabwe has voluntarily acceded to and ratified.

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