Brief description of the situation :
According to the information received, on August 15, 2006, Mr. Chibebe was arrested at a roadblock and detained at Waterfalls Police station as he was travelling by car from Masvingo with his family. He was stopped at a roadblock near Waterfalls, where the Police demanded to search his car, supposedly in order to look for cash.
At first, Mr. Chibebe was accused of "failure to cooperate with a police officer". However, the police would have later deliberately changed the charges to "common assault against a police officer".
On August 17, 2006, Mr. Wellington Chibebe appeared before the Mbare Magistrates Court. He was charged of contravening section 176 of the Criminal Law (Codification and Reform) Act [chapter 9:23], which states that "Any person who assaults or by violent means resists a peace officer acting in the course of his or her duty, knowing that he or she is a peace officer or realising that there is a risk or possibility that he or she is a peace officer, shall be guilty of assaulting or resisting a peace officer and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both".
Mr. Wellington Chibebe was granted ZWD 2000 bail (8 US $) and the trial date was set for September 4, 2006.
The Observatory expresses its concern about these events, and strongly condemns this arbitrary arrest, which is the latest in a continuous pattern of harassment and repression of Zimbabwe’s human rights defenders, including trade union leaders, as well as the use of the recently promulgated Codification Act, which imposes heavy sentences and fines on previously non grievous offences.
More generally, the Observatory reiterates its concern about the situation of human rights defenders in Zimbabwe, who face serious risks to their security as well as infringements of their freedoms of expression and association.
Action requested:
Please write to the Zimbabwean authorities, urging them to :
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Wellington Chibebe, as well as of all human rights defenders in Zimbabwe;
ii. Ensure that Mr. Wellington Chibebe’s rights to a fair and impartial trial be guaranteed in any circumstances;
iii. Put an end to all acts of harassment against ZCTU members and all human rights defenders in Zimbabwe;
iv. Conform with the provisions of the Declaration on Human Rights Defenders, in particular its article 1 which states that "Everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels", and article 12(2), which provides that "The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";
v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Zimbabwe.
Addresses :
President of Zimbabwe, Mr. Robert G. Mugabe, Office of the President, Private Bag 7700, Causeway, Harare, Zimbabwe, Fax : +263 4 708 211
- Mr. Khembo Mohadi, Minister of Home Affairs, Ministry of Home Affairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway, Harare, Zimbabwe, Fax : +263 4 726 716
Mr. Patrick Chinamasa, Minister of Justice, Legal and Parliamentary Affairs, Ministry of Justice, Legal and Parliamentary Affairs, Fax: + 263 4 77 29 99
Mr. Augustine Chihuri, Police Commissioner, Police Headquarters, P.O. Box 8807, Causeway, Harare, Zimbabwe, Fax : +263 4 253 212 / 728 768 / 726 084
Mr. Sobuza Gula Ndebele, Attorney-General, Office of the Attorney, PO Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 77 32 47
Mrs. Chanetsa, Office of the Ombudsman Fax: + 263 4 70 41 19
Ambassador Mr. Chitsaka Chipaziwa, Permanent Mission of Zimbabwe to the United Nations in Geneva, Chemin William Barbey 27, 1292 Chambésy, Switzerland, Fax: + 41 22 758 30 44, Email: mission.zimbabwe@ties.itu.net
Ambassador Mr. Pununjwe, Embassy of Zimbabwe in Brussels, 11 SQ Josephine Charlotte, 1200 Woluwe-Saint-Lambert, Belgium, Fax: + 32 2 762 96 05 / + 32 2 775 65 10, Email: zimbrussels@skynet.be
Please also write to the embassies of Zimbabwe in your respective country.
***
Geneva - Paris, August 17, 2006
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Email: Appeals@fidh-omct.org
Tel and fax FIDH: 33 1 43 55 55 05 / 01 43 55 18 80
Tel and fax OMCT: + 41 (0) 22 809 49 39 / 41 22 809 49 29
