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Harassment
of lawyers as civic action continues
Zimbabwe Lawyers
for Human Rights (ZLHR)
June 05, 2003
Zimbabwe Lawyers for
Human Rights (ZLHR) continues to monitor the human rights aspects in respect
of the ongoing civic action and has received disturbing reports of harassment
of lawyers at police stations throughout the country. This is a very serious
issue and is of grave concern to ZLHR.
ZLHR received a report
that certain lawyers have been subjected to abuse and in instances manhandled
by the police merely for attempting to represent their detained clients.
Two Gweru lawyers, Reginald Chidawanyika and Dumisani Kufaruwenga, filed
a complaint that on 2 June 2003 the police at Gweru Central police station
subjected them to harassment when they attended the station to represent
their detained clients. Amongst other things they were allegedly manhandled
by one D/Sgt Masango who is reported to have grabbed the lawyers by the
arms and "pulled [them] out of the charge office". D/Sgt Masango
further allegedly grabbed Mr Chidawanyika by the waist to push him out
of the charge office where he had gone to try and locate his detained
clients. D/Sgt Masango also "physically manhandled [Mr Kufaruwenga]
by the jersey and pushed his back against the wall. This harassment of
the lawyers took place in front of their "clients numbering about
eleven" and members of the police force manning the charge office.
Relatives of the detainees and other members of the public also witnessed
this public humiliation of lawyers by the police. When the lawyers tried
to raise a complaint with Detective Woman Assistant Inspector Mapinge
they advise that "she immediately went into a barrage in unprintable
words" accusing the lawyers of not being human beings and that the
treatment to which D/Sgt Masango had subjected the lawyers is what they
deserved.
The police ultimately
refused to let the lawyers have access to their clients and forced the
detainees to pay admission of guilt fines under the Miscellaneous Offences
Act to secure their release from custody. This was contrary to the lawyers’
advice that their clients had no reason to pay any fines. The other case
of concern that came to our attention through the press is that of the
Bulawayo lawyer Kossam Ncube who is reported in The Daily News
of 5 June 2003 (p7) to have been threatened with arrest merely for trying
to ascertain the whereabouts of his clients at Western Commonage Police
Station.
ZLHR draws the attention
of the police to the following instruments that clearly spell out the
government’s obligations and responsibilities towards ensuring that lawyers
operate in an enabling environment;
1. United Nations
Basic Principles on the Role of Lawyers (1990), Principle 17 that states;
"where
the security of lawyers is threatened as a result of discharging their
function they shall be adequately safeguarded by the authorities"
2. The Constitution
of Zimbabwe, Section 79B that states;
"In the
exercise of judicial authority a member of the judiciary shall not
be subject to the direction or control of any person or authority…"
ZLHR are also mindful
of the report of the Special Rapporteur on the independence of the judges
and lawyers Dato’ Param Cumaraswammy submitted to the United Nations Human
Rights Commission dated 10 January 2003 which has a recommendation as
follows;
" With
regard to Zimbabwe, the Special Rapporteur once again urges the Commission
to consider and address appropriately its concerns about the deterioration
in that country, inter alia with regard to the independence of the
judiciary and its impact on the rule of law."
Finally ZLHR draws
attention of the police and government to the recommendation of the African
NGOs forum at the recently ended African Commission on Human and Peoples
Rights 33rd Session in Niger which reads in part that;
"The
participants of the NGO Forum urge the African Commission on Human
and Peoples’ Rights …to recommend that the government of Zimbabwe
take all necessary measures to ensure protection of lawyers, public
prosecutors, magistrates and judges and to respect the independence
of the judiciary…"
ZLHR is therefore
gravely concerned at the continuation of threats, harassment and intimidation
of lawyers particularly those handling human rights related cases, and
calls upon the police to comply with its obligations and responsibilities
to ensure that adequate protection is offered to members of the legal
fraternity in the exercise of their judicial functions. In particular
all reports of threats, intimidation and harassment of the lawyers must
be promptly investigated and perpetrators prosecuted. We also once again
call on the Minister of Justice, Legal & Parliamentary Affairs to
publicly support the independence of the Judiciary and other legal officers
and ensure that a swift end is brought to the harassment and intimidation
of legal practitioners attempting to effect their professional duties.
Visit the ZLHR fact
sheet
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