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Treason charges against Munyaradzi Gwisai & others - Index of articles
Harare
man challenges denial of access to ARV's in detention at the
Supreme Court
Zimbabwe Lawyers for Human Rights (ZLHR)
September 07, 2012
Zimbabwe Lawyers
for Human Rights (ZLHR) finds it pertinent to speak out and defend
the pre-trial rights of suspects in police and prison detention.
A landmark case has been filed at the Supreme Court of Zimbabwe
questioning the constitutionality of certain practices and treatment
of people living with HIV in detention by police and prison officials.
Through the
Public Interest Litigation unit, ZLHR on 5 September 2012 filed
a constitutional application seeking an order compelling police
and prison officials to respect the rights to access medication
of detainees living positively with HIV/AIDS. Every individual who
is HIV positive, and gets incarcerated in their facilities, and
who has notified them about his/her condition must also be given
an opportunity to access anti-retroviral drugs (ARV)'s medication
as prescribed by medical practitioners. ZLHR petitioned the Supreme
Court after taking instructions from Douglas Muzanenhamo, an HIV/AIDS
activist who was arrested on 19 February 2011 and charged
with committing treason together with 44 other social justice,
trade union and human rights activists including University of Zimbabwe
lecturer and International
Socialist Organisation leader Munyaradzi Gwisai. Zimbabwean
authorities claimed that the activists had plotted at a meeting
to topple President Robert Mugabe from power using "Egyptian
style" revolts.
Muzanenhamo,
was arrested while attending a meeting to commemorate the death
of an HIV/AIDS activist Navigator Mungoni. He was later freed together
with 38 other activists by Harare Magistrate Munamato Mutevedzi.
While in detention,
Muzanenhamo, who is HIV positive and has lived with the condition
for the past 18 years was denied access to his ARV's in contravention
of Section 12 (1) of the Constitution.
Functionaries
of the Zimbabwe Prison Service (ZPS) also perpetuated Muzanenhamo's
suffering when they denied him access to his medication during his
detention in prison. He was also denied a balanced nutritional diet
commensurate with the medical regime that he was following due to
his medical condition.
Due to improper
administration of ARV's, Muzanenhamo's health condition
deteriorated rapidly and his CD4 count dropped from the normal 800
to 579. Had he stayed longer in the custody of police and prison
functionaries, he would have suffered more damage to his health
and well-being.
The conditions
of his arrest and incarceration caused his health to deteriorate
and endangered his life.
The denial of
ARV's to Muzanenhamo was not only cruel and inhuman but also
a denial of his right to life as these drugs have ensured that he
lives long. In any event suspects only lose their right to liberty
while in police or prison detention and they must continue to enjoy
all their other rights.
ZLHR takes this
opportunity to remind the government, the Zimbabwe Republic Police
and the ZPS to safeguard citizens' right to life which is
enshrined in the Constitution, in Article 3 of the Universal
Declaration of Human Rights and in the International Covenant
on Civil and Political Rights. Without respect for the right to
life, all other rights would be devoid of meaning because it is
a right for which no derogation is permitted even in times of emergency
that threaten the life of the nation. ZLHR also wishes to reiterate
that anyone who is suspected of having committed an offence only
loses his/her right to liberty while in custody and they must continue
to enjoy all their other fundamental rights and freedoms.
Visit the ZLHR
fact
sheet
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