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Arrest,
assault of WOZA/MOZA activists and abuse of authority by the state
Zimbabwe Lawyers for Human Rights (ZLHR)
June 09, 2008
Zimbabwe Lawyers
for Human Rights (ZLHR) is deeply alarmed by the recent events surrounding
the arrest, assault and continued detention
of members of the Women
of Zimbabwe Arise (WOZA) and Men of Zimbabwe Arise (MOZA).
On 28 May 2008,
WOZA and MOZA embarked on a peaceful procession
seeking to bring awareness of the challenges which Africans faced
as they marked the 25th May Africa Day celebrations. They had advocacy
pamphlets which, among other things, raised disturbing issues of
escalation of poverty, the low mortality rate and the post-election
violence. During this peaceful procession, armed members of the
riot police pounced on the human rights defenders and arrested thirteen
WOZA women activists who included Jenni Williams, Magodonga Mahlangu,
Celine Madukani and one male MOZA activist, Mandlenkosi Moyo.
The human rights
defenders were assaulted and verbally abused by members of the Zimbabwe
Republic Police (ZRP) during arrest and detention. They were eventually
taken to court on 31 May 2008, where an application for bail was
successfully made. However in what is becoming a disturbing and
controversial trend, the state notified the magistrate of its intention
to appeal and consequently all activists remain in custody to date.
They are scheduled to appear in the High Court tomorrow (Tuesday
10 June 2008) for the hearing of the appeal against bail.
ZLHR condemns
unreservedly the arbitrary arrest and continued detention of people
who wish to exercise their rights as provided for by the Constitution
of Zimbabwe. Sections 20, 21 and 22 guarantee the rights to
freedom of expression, freedom of assembly and association, and
freedom of movement. These freedoms are also guaranteed in the African
Charter on Human and Peoples' Rights, to which Zimbabwe is
a signatory. ZLHR is thus dismayed by the blatant abuse of power
by state functionaries in flagrant disregard of constitutional freedoms.
ZLHR is disturbed
by the application of Section 121 of the Criminal
Procedure and Evidence Act which clearly violates the presumption
of innocence as enshrined in Section 18(3)(a) of the Constitution
of Zimbabwe. The usurping of the power of a judicial officer to
grant bail to someone who has not been convicted by a court of law
by prosecuting authorities is deplorable and subject to constitutional
challenge.
ZLHR thus calls for the following:
- That the
ZRP cease the unlawful arrest, detention and victimization of
human rights defenders under non-existent charges or selective
application of repressive laws.
- That the
government of Zimbabwe acknowledges, appreciates and respects
the rights of persons in Zimbabwe to express themselves in all
matters that affect them and ensure their freedom of assembly
in doing so and thus immediately cease impeding these rights.
- That the
government of Zimbabwe and ZRP cease the use of detention as a
harassment technique to stop legitimate activities of human rights
defenders.
- That the
state ceases to use the law as an instrument to unreasonably deny
liberty to persons seeking to express themselves.
- That the
government adheres to its obligations as provided for in international
treaties which it has ratified such as the African Charter on
Human and Peoples' Rights.
Visit the ZLHR
fact
sheet
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