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Statement on International Justice Day
Zimbabwe Human Rights Association (ZimRights)
July 17, 2012

ZimRights today joins the rest of the world in celebrating World Day for International Justice, which is also known as Day of International Criminal Justice or International Justice Day. This day is celebrated the world over on July 17 as part of an effort to recognize the emerging system of international criminal justice. July 17 was chosen because it is the anniversary of the adoption of the Rome Statute, the treaty that created the International Criminal Court (ICC).

Zimbabwe is not a signatory to the statutes and it is an anomaly that deprives the day of the significance and prominence it so deserves. However, all is not lost since some of the Judges in Zimbabwe have come to realise that people who commit crimes should be answerable. The day coincidentally comes at a time when we locally commend the Bulawayo High Court for recently coming to the rescue of 2001 politically motivated murder victims whose murderers were about to be let loose.

Justice Mathonsi on Wednesday refused to confirm the six-year prison sentence imposed on James Muromo in May for the murder of Rambisai Nyikadzinashe and Sherpard Tigere in December 2001. The case as reported in the Newsday dated 14 July 2012 had been sent to the High Court for review after the ruling by a Gokwe regional magistrate. The magistrate had charged two of the culprits with two counts of culpable homicide despite alleged availability of evidence beyond doubt pointing to murder.

The presiding judge is reported to have castigated the manner in which the whole matter was handled. He is reported to have brought to fore matters related to foul play on the part of the victims. The impunity of a cabal of 13 political zealots, the complicity of law enforcement agents, the lamentable misuse of the prosecutorial authority bestowed on public prosecutors and the disinterest of the trial court all rolled together is the epitome of all that should not happen in our criminal justice system, Justice Mathonsi is quoted saying.

Indications are that the judge was incensed by the fact that the murder of the two MDC supporters was committed in broad daylight by 13 known assailants, but only two of them had been brought before the courts. The other 11 were said to be still at large, without a satisfactory reason from the police. Furthermore, the murder was committed in 2001, but the matter only went for trial two months ago, an anomaly that the judge also slammed.

ZimRights greatly applauds the impartiality and professionalism shown by the High Court. Specific salutations go to the responsible judge for his courage to expose such anomalies. Zimbabweans have for long cried foul over the selective application of the law but to no avail. We are convinced that this is a good pace setter and will go a long way in restoring sanity to the justice delivery system as well as bringing back confidence of the general populace.

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