Arbitrary arrest and judicial proceedings against Mr. Raymond Majon - ZWE 002 / 0508 / OBS 075.1

16/05/2008
Urgent Appeal

The Observatory has been informed by the International Trade Union Confederation (ITUC) of the arbitrary arrest of Mr. Raymond Majongwe, General Secretary of the Progressive Teachers’ Union of Zimbabwe (PTUZ) and a member of the General Council of the Zimbabwe Congress of Trade Unions (ZCTU).

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), has received new information and requests your urgent intervention in the following situation in Zimbabwe.

New information:

According to the information received, on May 16, 2008, Mr. Raymond Majongwe was apprehended by the police at the High Court of Zimbabwe in Harare while he was attending the bail hearing of Messrs. Lovemore Matombo and Wellington Chibebe, respectively President and Secretary General of the ZCTU (See background information). Although the charges against Mr. Majongwe are not known as of issuing this urgent appeal, the Observatory was informed that his arrest might be linked to the fact that PTUZ has gathered material concerning the violence and harassment of teachers at their workplaces during the current wave of political violence in the country.

Furthermore, the Observatory was informed that the High Court of Zimbabwe chose to reserve its judgment on the request of the two ZCTU leaders to post bail. Justice Ben Hlatshwayo said he needed time to weigh the need to protect the liberty of the accused and the protection of public order and safety and reserved judgment until May 19, 2008.

The Observatory expresses its deep concern about the arbitrary arrest of Mr. Raymond Majongwe as well as about the ongoing arbitrary detention of Messrs. Wellington Chibebe and Lovemore Matombo, in a context of increasing repression against all persons who were involved in the March 2008 election process. The Observatory further recalls that according to Article 1 of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, "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".

Background information:

On May 8, 2008, Messrs. Lovemore Motombo and Wellington Chibebe were both arrested in connection with May Day speeches, during which they spoke about the political crisis due to long postponement in the announcement of the election results and the ensuing wave of violent intimidation of opposition supporters. The police had been looking for them since then and on May 6, 2008, heavily armed police came to their homes. On May 7, 2008, they reported to the police station but were not taken in before the day after. They were charged with "inciting people to rise against the Government and reporting falsehoods about people being killed".

Subsequently, Messrs. Wellington Chibebe and Lovemore Matombo were refused bail despite the fact that they went willingly to the police station for questioning. According to the court order, they will remain in custody until May 23, 2008. Both men are currently held at the Harare Remand Prison.

Actions required:

Please write to the authorities of Zimbabwe urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Messrs. Raymond Majongwe, Lovemore Motombo and Wellington Chibebe;

ii. Release Messrs. Raymond Majongwe, Lovemore Motombo and Wellington Chibebe immediately and unconditionally, as their detention is arbitrary since it only aims at sanctioning their human rights activities;

iii. Put an end to all acts of harassment 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, especially its above-mentioned Article 1 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 [...] 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 / + 263.4.70.38.58
 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 / +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. Justice Bharat Patel, 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, May 16, 2008

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 et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80
Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29

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