Arbitrary detention / Release / Judicial proceedings - ZWE 005 / 1105 / OBS 109

14/11/2005
Urgent Appeal

The Observatory has been informed by Zimbabwe Lawyers for Human Rights (ZLHR) about the arbitrary detention of Mrs. Netsai Mushonga, Coordinator of the Women’s Coalition, an umbrella body of women’s rights groups in Zimbabwe.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Zimbabwe.

Brief description of the situation:

According to the information received, on November 8, 2005, Mrs. Netsai Mushonga was arrested, allegedly for convening a meeting at a local hotel for training women in using non violent means as a tool for dispute resolution under the banner of Women Peacemakers International. Ms. Mushonga was detained over night as the police were still working on the charges. On November 10, 2005, she was charged for contravening section 24 (6) of the Public Order and Security Act (POSA), which criminalises organising a political meeting without informing a regulatory authority, the police in this matter. On the same day, Mrs. Netsai Mushonga was released as the police indicated that they will proceed by way of summons, which means that once they have completed their investigations, they will summon her to appear in court.

The Observatory expresses its grave concern about the arbitrary detention of Mrs. Netsai Mushonga, as it violates the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular article 5(a), which states that "for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels to meet or assemble peacefully". The Observatory is all the more worried that this arrest took place in the context of serious infringements the last days of the right to freedom of expression in Zimbabwe, and therefore urges the Zimbabwean authorities to release immediately and unconditionally Mrs. Netsai Mushonga.

Actions requested:

Please write to the Zimbabwean authorities and ask them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Mrs. Netsai Mushonga, as well as all human rights defenders in Zimbabwe;

ii. ensure that she will be brought before an impartial tribunal, so that the charges against her be dropped, her prosecution being arbitrary;

iii. end all forms of harassment and ill-treatment of human rights defenders in Zimbabwe, and guarantee in all circumstances that human rights defenders and organisations are able to carry out their work without any hindrance;

iv. comply with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular article 1, which states that "eveyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels", above-mentioned article 5(a), and article 12.2, which states 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. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international 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

 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

Please also write to the embassies of Zimbabwe in your respective country.

***

Geneva - Paris, November 14, 2005

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: observatoire@iprolink.ch

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

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