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This article participates on the following special index pages:
Post-election violence 2008 - Index of articles & images
Systematic
persecution of political party representatives must end
Zimbabwe Lawyers for Human Rights (ZLHR)
August 22, 2008
Zimbabwe Lawyers
for Human Rights (ZLHR) welcomes the acquittal of Marondera Central
MP-Elect, Ian Kay, on charges of inciting public violence.
Marondera Magistrate, Adonis Masawi, on 19 August 2008 acquitted
Honorable Kay after ruling that the State had failed to prove its
case against him. This was after Kay, who was arrested during the
height of the state-sponsored violence against the opposition, spent
two weeks locked up in police cells in Mutoko. The MDC legislator,
who was subsequently granted bail, has been on remand ever since
and was reporting twice weekly to the police prior to his acquittal
on Tuesday.
Although ZLHR welcomes the long overdue exoneration of Hon Kay,
we wish to register our protest at this further example of the unwarranted
arrest, detention and harassment of legitimate political opponents
and the abuse of criminal prosecution by the state.
It is necessary to note that, when the original prosecutor in this
matter had sight of the docket, he instructed the police to release
Hon Kay and proceed, if at all, by way of summons. It was only after
the subsequent urgent intervention by the Director of Public Prosecutions,
Florence Ziyambi, and prosecutor Tawanda Zvekare from Harare, who
insisted that the matter proceed, that Kay was charged.
The inhumane treatment of Hon Kay represents a growing pattern of
widespread and systematic persecution rather than legitimate prosecution
of perceived political opponents and human rights defenders in the
country. Kay's decision to stand as Member of the House of
Assembly in order to work for a better life for his constituents
in Marondera Central and the treatment he has received as a result
violates his constitutional right to participate in the governance
of his country. The violation of his rights such as his unlawful
arrest, his subsequent detention well in excess of the prescribed
48 hours before being formally charged, and the unwarranted seizure
of his travel documents has a chilling effect on the lawful activities
of others like him, as the state is no longer able to assure the
public that it is willing to comply with its constitutional and
international legal obligations to protect the rights of accused
persons and prosecute only where there is reasonable suspicion and/or
evidence of criminal behavior.
The magistrates' ruling is a confirmation that the conduct
of the police details remains grossly unprofessional and often amounts
to serious violations of political opponents' rights to liberty,
security of person, and freedom of movement, speech and association.
The acquittal of Kay, after similar acquittals of other opposition
politicians, also worryingly demonstrates that the police are increasingly
using detention as a harassment technique.
Worried by this escalating phenomenon of arbitrary arrests, detention
and unsustainable charges, ZLHR therefore calls upon:
- The Zimbabwe
Republic Police (ZRP) and other state agents to cease the practice
and error of arresting first and investigating later in contravention
of constitutional and other legislative safeguards preventing
such action, and to comply with the legal requirement to have
a reasonable suspicion that an offence has been committed before
arresting an individual;
- The Office
of the Attorney-General to professionally perform its function
of providing correct and timely legal advice where it is clear
that their clients are not complying with the law, and to ensure
that they disprove the reasonable perception that they are complicit
in allowing such prosecutions to continue where there is no evidence
to sustain the charges;
- Both the
ZRP and the Attorney-General's office to maintain their
independence, impartiality and professionalism and to ensure that
the constitutional provisions protecting the rights of an accused
person are respected at all times.
Visit the ZLHR
fact
sheet
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