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Harassment and exclusion of civil society activists must end
Zimbabwe Lawyers for Human Rights (ZLHR)

March 24, 2010

At around 3.45pm on Tuesday 23 March 2010, two truckloads of uniformed and plain clothes police descended on the premises of the Gallery Delta in Central Harare and proceeded, without a warrant or justifiable cause, to remove 65 photographs which formed an exhibition entitled "Reflections" which is set to be launched in an invitation-only event toda, Wednesday 24 March 2010, by the Prime Minister of the Republic of Zimbabwe.

About 20 minutes later the police, who refused to identify themselves, manhandled and subsequently arrested Mr. Okay Machisa, the National Director of the Zimbabwe Human Rights Organisation (ZimRights), which is the organisation launching the exhibition. He was taken to Harare Central police station where he was later released after the intervention of lawyers from Zimbabwe Lawyers for Human Rights (ZLHR).

The Officer Commanding Harare Central District, Chief Superintendent G. Gwangwava, advised that he had "not approved" the launch and gave Mr. Machisa seven days to provide "letters of consent from individuals and organisations" appearing in the photographs, failing which he threatened to prefer unspecified criminal charges against Mr. Machisa.

It is ZLHR's considered legal opinion that the seizure and retention of the photographs by the police is unlawful and unjustifiable, as are the threats of criminal prosecution and the attempts to prevent the invitation-only launch from proceeding.

Such actions are solely calculated to instill fear and paralysis within civil society and to prevent free assembly, association and expression around national events and processes. For too long, civil society has been excluded by political parties and state institutions and actors from participating, as is its fundamental right, in issues around governance, national healing and reconciliation, and other matters which are in the national interest.

For this reason, ZLHR has been instructed by ZimRights to file, and has indeed filed, an Urgent Chamber Application demanding the immediate return of the photographs. The application also challenges the unjustifiable attempt to prevent the launch from taking place today, and the threats to prefer criminal charges which, in our considered legal opinion, have no basis in law.

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