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This article participates on the following special index pages:
New Constitution-making process - Index of articles
Legal
Monitor - Issue 167
Zimbabwe Lawyers for Human Rights (ZLHR)
October 31, 2012
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HIV
positive prisoners case at Supreme Court
A human rights
activist denied access to treatment while in detention is finally
having his day in court. Douglas Muzanenhamo 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- Zimbabwe Chapter leader Munyaradzi Gwisai
The State claimed they were plotting to topple the government the
same way dictators in Egypt were forced down through popular mass
protests. While in detention, Muzanenhamo, who is HIV positive and
has lived with the condition for the past 18 years, was denied access
to his life prolonging ARV drugs in contravention of Section 12
(1) of the Constitution.
Stung by the
harsh treatment, Muzanenhamo filed a constitutional application
at the Supreme Court challenging the ill-treatment of people living
with HIV in detention by police and prison officials. The Supreme
Court has now written to Muzanenhamo informing him that the case
has been set down for 15 November.
"Take notice
that the above Constitutional Application will be heard and determined
by the Supreme Court of Zimbabwe at Harare on Thursday the 15th
day of November 2012 at 09:30 or so soon thereafter as counsel may
be heard," reads a Supreme Court letter dated 22 October.
Tawanda Zhuwarara
of Zimbabwe Lawyers for Human Rights (ZLHR) is representing Muzanenhamo.
In taking up the case, ZLHR said it found it pertinent to speak
out and defend the pre-trial rights of suspects in police and prison
detention.
"The landmark
case questions the constitutionality of certain practices and treatment
of people living with HIV in detention by police and prison officials,"
said Zhuwarara.
"We are
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,"
said Zhuwarara. Muzanenhamo argues the meeting had nothing to do
with toppling the government as he was attending a meeting to commemorate
the death of an HIV/AIDS activist Navigator Mungoni. The entire
treason case later spectacularly collapsed with all the accused
walking free. But that was not without some suffering.
"Functionaries
of the Zimbabwe Prison Service 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," said Zhuwarara.
He added: "Due
to improper administration of ARVs, 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 wellbeing. The conditions of his arrest and incarceration caused
his health to deteriorate and endangered his life.
"The denial
of ARVs to Muzanenhamo was not only cruel and inhuman but also a
denial of his right to life as these drugs has 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."
Citizens'
right to life 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.
Zhuwarara said
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.
"We wish
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," said the human rights lawyer.
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