|
Back to Index
ANZ
saga: Further assaults on the rights to freedom of expression
The right to freedom of association: a fresh casualty
Zimbabwe Lawyers
for Human Rights (ZLHR)
September 17, 2003
Further to our
preliminary statement issued
on 13 September 2003 on developments relating to the Associated
Newspapers of Zimbabwe (ANZ) and the forced closure of the Daily
News, Zimbabwe Lawyers for Human Rights (ZLHR) has been monitoring
the legal and human rights aspects of the crisis over the past two
days and is in a position to comment on various issues.
Seizure of
ANZ equipment
On 16 September 2003 around 30 members of the Zimbabwe Republic
Police (ZRP) and other non-uniformed law enforcement agents under
the command of Chief Superintendent Madzinga entered the premises
of ANZ without a warrant and forcibly searched the offices and Daily
News newsroom for undisclosed material. They continued barring ANZ
employees and executives from entering their offices. At the same
time the premises containing a printing press belonging to a separate
company were sealed off by police details.
The police proceeded
to arbitrarily seize equipment from the premises without the consent
of the owners. This process of seizure or confiscation of property
without warrant took a number of hours and remains ongoing at the
time of this statement.
Vociferous suggestions
from lawyers acting on behalf of the ANZ and members of ZLHR that
the police conduct was unlawful and a violation of constitutional
and universally recognised human rights and fundamental freedoms
regrettably made no impact on the law enforcement agents.
Amongst other
things, ZLHR observed with great alarm the following aspects of
the conduct on the part of police:
- The search
of the premises was effected without a warrant;
- The seizure
of equipment and property was effected without a warrant and included
material unrelated to the preferred criminal charges;
- The police
did not fully cooperate with the team of lawyers who had attended
the scene on the instructions of the ANZ. They in fact denied
that ANZ had a constitutional right to engage as many lawyers
to handle their matter as they felt were necessary, and argued
that there was no need for "a battalion of lawyers"
when one would suffice. This was despite the fact that the police
were combing every office in different areas of the building.
Eventually they were prevailed upon to allow two lawyers to remain
and observe the proceedings.
- Despite undertakings
to lawyers that the property would remain locked in the premises
overnight, police returned to the offices after 2000 hours and
unlawfully removed property without the presence of representatives
from the ANZ and their legal counsel.
Delays in
the hearing of the urgent court application by ANZ
ZLHR notes with alarm that despite being served with an urgent court
application to prevent the removal of equipment, the police have
recklessly continued with their conduct, unconcerned as to the outcome
of the court proceedings. In view of the intransigence of the police,
ZLHR is concerned that the case for the interdict has not been dealt
with as urgently as the circumstances dictate. The urgent application
was filed on 16 September 2003, and has not been dealt with at the
time of this statement. It is regrettable that this seems to have
become the modus operandi of the courts when dealing with matters
involving universally recognised human rights and fundamental freedoms.
Arbitrary
arrests and detentions of journalists
ZLHR has also learnt with deep concern that two journalists, Tsvangirai
Mukwazhi and Paul Cadenhead, who were attempting to photograph the
police action outside the ANZ offices and report on the unfolding
events, were summarily arrested at around 1000 hours on 16 September
2003 and taken to Harare Central police station. Despite the deployment
of a legal practitioner the two were only released after being detained
and questioned for seven hours.
Arbitrary
arrests and detentions of NCA leadership and members
We have also received complaints that around 120 members of the
National Constitutional Assembly (NCA) including the chairman, Dr
Lovemore Madhuku, were arrested by the police for exercising their
right to freedom of expression and assembly in protest against the
government action of summarily closing the Daily News and confiscating
the equipment without an order of court. The attending legal practitioner
has been denied access by the police to his clients. The police
conduct is in violation of the Constitution of Zimbabwe and international
law. Sadly, such conduct by the police has become endemic when it
comes to cases involving human rights defenders.
Recommendations
We call upon the government to comply with its obligations in terms
of both domestic and international law to allow the citizens of
Zimbabwe to enjoy their right to freedom of expression without undue
interference. In particular we demand that the government act:
- To immediately
ensure that the property of ANZ is restored to their possession
until such time as the urgent court application has been finalised;
- To ensure
that the police cease their conduct of arbitrary search and seizure
without warrants or court orders in matters where there is no
evidence that an offence is being committed;
- To allow
citizens to freely express themselves without harassment in their
quest for alternative sources of news and other information.
Further, we
reiterate that the police must allow lawyers unimpeded access to
their clients and desist from arbitrary arrest and detention of
citizens of Zimbabwe, in particular human rights defenders.
ZLHR is afraid
that if the government fails to address the above concerns as a
matter of urgency, then there is a real danger of the country sliding
into complete anarchy and lawlessness, which would in turn worsen
the political and humanitarian crisis that Zimbabwe currently faces.
Visit the ZLHR
fact sheet
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
TOP
|
