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Bennett imprisonment unacceptable
Zimbabwe Lawyers for Human Rights (ZLHR)
October 15, 2009

Zimbabwe Lawyers for Human Rights (ZLHR) unreservedly condemns the revocation of bail and subsequent committal to Mutare Remand Prison of Roy Bennett, the Deputy Agriculture Minister-designate and MDC-T Treasurer-General, on Wednesday 14 October 2009.

Although the prosecutorial authorities may seek to justify their actions in this matter as compliance with the criminal procedure laws and rules of court, their actions can and must only be seen for what they truly are: blatant persecution of a political opponent who is unacceptable to recalcitrant authorities and politicians, despite his overwhelming popular support and political legitimacy.

Whilst it is the case that, upon indictment, bail granted to an accused person can be revoked in terms of the law, the Attorney General, Mr. Johannes Tomana, has the discretion to allow the accused person to remain free pending trial on the existing bail conditions - bail conditions with which Bennett has dutifully complied with. ZLHR believes that, by choosing to oppose the continuing bail of Roy Bennett and ensuring his swift re-incarceration, Tomana is now himself dangerously threatening the Rule of Law and the stability and continuation of the increasingly fragile Interparty Political Agreement (IPA).

Immediately prior to the formation of the inclusive transitional government in February 2009, Bennett took the far-reaching decision to give up his lawful protection in South Africa as a legitimate holder of political asylum and return to Zimbabwe (where he had previously faced untold political and legal persecution) in order to contribute to the rebuilding of Zimbabwean society. It must be borne in mind that the South African authorities - as the brokers of the IPA - had guaranteed Bennett's safety, security and freedom from political persecution when he made this decision.

However, events subsequent to his return, and the manner in which his case has been handled, clearly shows that he has been abandoned by the South African authorities and, through them, the guarantors of the IPA, not to mention the parties to the IPA themselves, and again has been exposed to perpetrators of violations who continue to assault the Rule of Law with impunity. What is even more disturbing is that this travesty of justice is occurring under the eyes of the SADC Executive Secretary Tomaz Salomao, who is currently in Zimbabwe.

ZLHR believes that an urgent explanation must be provided to the public by those who have caused and contributed to Bennett's renewed persecution and that the matter must be resolved immediately by the national and regional political forces responsible for this travesty of justice to ensure that his safety, security, and fundamental rights and freedoms - which are being assaulted and perpetuated through the abuse of the law - are restored.

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