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Unlawful
use of POSA must end now
Zimbabwe Lawyers for Human Rights (ZLHR)
November 10, 2009
Zimbabwe Lawyers
for Human Rights (ZLHR) unreservedly condemns the unlawful arrest
and detention in Victoria Falls on Sunday 8 November 2009 of the
Zimbabwe Congress
of Trade Unions (ZCTU) President, Lovemore Matombo, together
with four other union officials.
Once again,
the Zimbabwe Republic Police (ZRP) have resorted to malicious and
unjustifiable action against human rights defenders (HRDs) using
their tool of selective repression - the Public
Order and Security Act (POSA) - knowing full well that
it does not apply to meetings of the labour body. This position
has been acknowledged by the High Court of Zimbabwe, and therefore
the ZRP are acting in defiance of an order of the court and in contravention
of the law.
In the past
few weeks, the ZRP in Victoria Falls have unlawfully arrested, detained
and charged various HRDs under this repressive law. The Chairperson
and the Chief Executive Officer of the National
Organisation of Non-Governmental Organisations (NANGO) and two
employees of the Zimbabwe
Election Support Network (ZESN) have been the most recent victims
of the unlawful actions of the police and a justice delivery system
which is failing to protect their fundamental rights and freedoms.
It is in this
light that the motion in the House of Assembly to introduce a Private
Members' Bill to amend POSA is welcomed, and we urge all
peace-loving and progressive legislators in the House to move swiftly
to ensure that the provisions of POSA which continue to be selectively
applied to muzzle free speech and democratic action by HRDs becomes
a phenomenon of the past.
ZLHR calls for the urgent
establishment of an independent Parliamentary committee inquiry
into the continuing unlawful actions of the ZRP, including the Law
and Order section of the Victoria Falls and Hwange police stations,
the Officer Commanding the province, situated in Lupane, the Commissioner-General
of Police, who bears overall responsibility for the actions purportedly
perpetrated by his subordinates in the course of their duties, and
the Co-Ministers of Home Affairs who seem unable or unwilling to
bring this lawlessness to an immediate end.
This inquiry should also
include an investigation into the actions of the Director of Public
Prosecutions and the Attorney General who, as the legal representatives
of the ZRP, have failed and/or refused to execute their constitutional
and professional duty to advise the police of their continued misinterpretation
and misapplication of the law, and must therefore be perceived by
all reasonable people to be complicit in this continued harassment
of HRDs. This perception is further bolstered by the state's
resurrection of old charges against the ZCTU leadership in two matters
set to be considered by the court on 10 November and 23 November
2009.
ZLHR will continue to
provide legal support services to the ZCTU and all other peace-loving
HRDs who continue to be targeted until POSA and other repressive
legislation cease to be selectively and vindictively applied to
muzzle their free speech and prevent their fundamental freedoms
of movement, assembly and association.
Visit the ZLHR
fact
sheet
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