According to information received, on January 29, 2013, Mr. Okay Machisa was granted bail by the High Court subject to depositing security in the form of immovable property worth above USD 50,000. The immovable property clause came as an additional condition to those offered by the defence lawyer in its application, which included a payment of USD 500, reporting to the police once a week and remaining at his current home until the case comes to an end.
The Observatory welcomes the release but expresses its deep concern about the continued arbitrary detention of Mr. Leo Chamahwinya and Ms. Dorcas Shereni and calls upon the authorities of Zimbabwe to release them immediately and unconditionally.
The Observatory also deplores the judicial harassment faced by the three ZimRights members and calls on the Zimbabwean authorities to put an end to any kind of judicial harassment against Messrs. Okay Machisa, Mr. Leo Chamahwinya and Ms. Dorcas Shereni, as this merely aims at sanctioning their human rights activities.
Background information:
On December 13, 2012, members of the Law and Order section of the Zimbabwe Republic Police (ZRP) visited the ZimRights offices with the intention of searching the premises. After being denied access to the building by lawyers representing the organisation, the police left with Mr. Leo Chamahwinya under the guise of getting assistance in identifying people supposedly defrauding ZimRights. Mr. Chamahwinya, together with Ms. Dorcas Shereni, were arrested on that day for “forgery”, “conspiracy to commit fraud” and “publishing falsehoods” prejudicial to the State. Two other individuals, who are neither employees nor members of ZimRights, Messrs. Farai Bhani and Tatenda Chinaka, were also arrested.
On the same day, the police also called ZimRights’ Bulawayo and Mutare regional Coordinators to report for questioning. The Bulawayo Regional Coordinator reported to the police on December 17, 2012 and the Bulawayo office was then subjected to a search with police looking for material prejudicial to the State. Nothing was discovered or seized and the Regional Coordinator was released with no charge.
On January 4, 2013, while at the High Court for Mr. Chamahwinya’s bail application, Mr. Okay Machisa learnt that the Attorney General’s office was alleging that he, together with Ms. Faith Mamutse, had fled the country to Norway and were therefore on the run. This was despite the fact that lawyers representing Mr. Chamahwinya had indicated that Mr. Machisa was actually present in court and had made several visits to Harare Remand Prison to see Mr. Chamahwinya. Ms. Beatrice Mtetwa representing ZimRights and Mr. Machisa sent a letter to the police disputing the allegations of Mr. Machisa and Ms. Mamutse being on the run. The police called Ms. Mtetwa and advised her to accompany her clients to the police station, of which this was agreed to be done on January 14, 2013.
Mr. Okay Machisa was eventually arrested on January 14, 2013 at Harare police station along with ZimRights Secretary Faith Mamutse on charges of contravening Section 31, 136 and 137 of the Criminal Law (Codification and Reform) Act for allegedly attempting to defraud the Registrar General’s Office by forging and manufacturing counterfeit copies of certificates of voter registration. On the same day, two policemen accompanied by Mr. Machisa, two lawyers Ms. Mtetwa and Mr. Gift Mtisi, came and searched the ZimRights’ offices. They did not find anything in the offices. No accessories or materials linked to the Registrar General or Registrar General of Voters Offices were found at ZimRights. Ms. Mamutse was released after signing a warned and cautioned statement on the same day.
On January 16, 2013, the Rottenrow Magistrate Court remanded Mr. Okay Machisa in custody until January 30. In opposing Mr. Machisa’s bail application, the State Prosecutor Mr. Michael Reza claimed that Mr. Machisa intended to use the fake registration slips to discredit the outcome of the next elections and that the subsequent international outcry would lead to Zimbabwe being declared a no-fly zone by the United Nations. ZimRights affirms that it has not been engaged in any criminal activities or such other activities as alleged by the State.
On January 21, 2013, the Magistrate Court further remanded Ms. Dorcas Shereni and Mr. Leo Chamahwinya until February 4, 2013 in relation to similar charges.
High Court Judge Justice Felistas Chatukuta postponed four times the bail hearing for Mr. Okay Machisa detained on charges of “forgery”, “fraud” and “publishing falsehoods” until January 28, 2013.
This series of arrests occurred just weeks after ZimRights denounced the trend of increasing police brutality across Zimbabwe and called for urgent action by competent authorities to address these human rights violations.
The Observatory further recalls that this is not the first time Mr. Machisa has been harassed by the Zimbabwean authorities. On March 23, 2010, Mr. Machisa was arbitrarily arrested by a group of twenty officers of the ZRP, before being released a few hours later. Similarly, Mr. Leo Chamahwinya was arrested along with other ZimRights members on April 26, 2010 before being released.
Actions requested:
Please write to the authorities of Zimbabwe asking them to:
i. Guarantee in all circumstances the physical and psychological integrity of Messrs. Okay Machisa and Leo Chamahwinya, Ms. Dorcas Shereni and Ms. Faith Mamutske, as well as all human rights defenders in the country;
ii. Release Mr. Leo Chamahwinya and Ms. Dorcas Shereni immediately and unconditionally as their detention is arbitrary since it seems to merely sanction their human rights activities;
iii. Put an end to any kind of harassment - including at the judicial level – against Messrs. Okay Machisa and Leo Chamahwinya and Ms. Dorcas Shereni, members of ZimRights as well as against all human rights defenders in Zimbabwe;
iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, and 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 realization of human rights and fundamental freedoms at the national and international levels”,
– its Article 6 (b) and (c), which states that “everyone has the right, individually and in association with others […] as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms and [...] to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”,
– and its 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. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights 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 / + 263.4.70.38.58;
· Mr. Khembo Mohadi, co-Minister of Home Affairs, Ministry of Home Affairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway, Harare, Zimbabwe, Fax: +263 4 726 716;
· Ms. Terese Makone, co-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 and Legal Affairs, Fax: + 263 4 77 29 99 / +263 4 252 155;
· Mr. Augustine Chihuri, Commissioner General, Police Headquarters, P.O. Box 8807, Causeway, Harare, Zimbabwe, Fax: +263 4 253 212 / 728 768 / 726 084;
· Mr. Johannes Tomana, Attorney-General, Office of the Attorney, PO Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 77 32 47;
· Ms. Chanetsa, Office of the Public Protector, 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.int;
· 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.
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Paris-Geneva, February 1, 2013
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
To contact the Observatory, call the emergency line:
· E-mail: Appeals@fidh-omct.org
· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29