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Arrest
and detention of Bulawayo lawyers and civic leaders
Zimbabwe Lawyers
for Human Rights (ZLHR)
June 06, 2003
Zimbabwe Lawyers
for Human Rights (ZLHR) has received an extremely disturbing report
that at around 1715 hours on Thursday 5 July 2003 two Bulawayo human
rights lawyers, Kossam Ncube and Travor Ndebele, were detained at
Bulawayo Central police station for some time together with their
clients, Jenni Williams and Sheba Dube-Phiri, of the civic group
Women of Zimbabwe Arise (WOZA).
This follows
on from our report of 5 June indicating that law enforcement agents
had subjected several lawyers in Gweru and Bulawayo to harassment
and intimidation in the past few days whilst the legal practitioners
were attempting to execute their lawful and professional duties.
The two civic
leaders were attempting to provide food for detainees held at Bulawayo
Central police station who had not received nourishment for some
days, in contravention of their rights under the Zimbabwean Constitution
and international human rights instruments. Although Bulawayo police
officials have publicly stated in the past that relatives and other
interested parties would at all times be permitted to feed those
accused persons being detained in police holding cells or remand
prison, this has not been the position on the ground. Williams and
Dube-Phiri had received reports that family members who had gone
to the police station with food for the detainees had themselves
been arrested. Due to fears that the two women might themselves
face arrest and detention, Ncube and Ndebele had escorted the two
WOZA leaders to the police station in their capacity as their legal
representatives.
All four were
escorted to the courtyard where they were interrogated by a named
police officer, who relieved the two lawyers of their Law Society
practising certificates. They were told that "If you are supporting
[Williams and Dube-Phiri} then you must go inside with them".
The four were then removed to the Law and Order section where, in
the presence of at least five police officers, they were subjected
to verbal insults and threats of abduction and murder. The lawyers
were accused of fuelling the behaviour of civilians during the mass
protests and wanting to promote anti-state sentiment. Another named
officer then ordered that all four be detained, but he later relented
and told them to leave after the two lawyers began telephoning their
colleagues to attend and represent their interests.
ZLHR views this
patently unlawful action as contempt of the highest degree by law
enforcement agents against professionals attempting to carry out
their duties to their clients. It is a further indication of the
ever-present threats facing officers of the court, especially those
attempting to represent human rights activists during this most
trying time in our nation's history. The legal profession has received
no protection from the Ministry of Justice, Legal & Parliamentary
Affairs despite numerous calls for this assurance by various lawyers'
and human rights organisations. In addition the Commissioner of
Police has failed to act to ensure the separation of powers and
the rule of law is respected by such renegade officers.
ZLHR once again
draws the attention of the Police and the Justice Ministry to the
following instruments that clearly spell out the government's obligations
and responsibilities towards ensuring that lawyers operate in an
enabling environment, and to ensure that they are respected:
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…"
We call on the
local, regional and international community to condemn the use of
such intimidatory tactics and call on the authorities to take urgent,
concrete and public measures to ensure that this lawlessness comes
to a swift end, for once the lawyers have also been sidelined and
silenced and the judicial process blatantly circumvented with impunity,
who will remain to assert the rights of the ordinary citizens of
Zimbabwe and ensure that the administration of justice is not brought
into disrepute?
Visit the ZLHR
fact sheet
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