Arbitrary detentions / Ill-treatments / Harassment - ZWE 004 / 0607 / OBS 063

07/06/2007
Urgent Appeal

The Observatory has been informed by reliable sources, including Zimbabwe Lawyers for Human Rights (ZLHR), about the arbitrary arrest of several members of the Women and Men of Zimbabwe Arise (WOZA/MOZA) on June 6, 2007, in Bulawayo.

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 June 6, 2007, around 200 members of WOZA and MOZA decided to undertake a peaceful and silent march through Bulawayo to launch their position called "Ten steps to a new Zimbabwe"[1]. WOZA was also expressing its concern that Zimbabwean civil society was excluded from the ongoing dialogue initiated by the Southern African Development the Movement for Democratic Change (MDC) mediated by President Thabo Mbeki of South Africa, creating the danger that pertinent issues on the social and economic crisis, continuing human rights violations and democracy would be given little attention.

It is reported that one group of participants was violently dispersed by the riot police after walking only one block. A second group managed to march two blocks, but again, riot police violently dispersed the group. Five WOZA members, namely Ms. Rosemary Sibiza, Ms. Angeline Karuru, Ms. Martha Ncube, Ms. Sangeliso Dhlamini and Ms. Pretty Moyo, who had been badly beaten with baton sticks, were arrested and detained at Bulawayo Central Police Station.

Upon hearing that five of their colleagues had been beaten, another group of around 100 women led by Ms. Jenni Williams, WOZA national coordinator, went to the police station and offered themselves for arrest. The police officers then assaulted the women, before arresting Ms. Jenni Williams and Ms. Magodonga Mahlangu, another WOZA leader.

Following the arrest of the WOZA women, Mr. Kossam Ncube, a lawyer and a member of ZLHR, went to the police station to represent them. At the police station, Mr. Ncube was harassed by police officers as he sought to speak to his clients and protect their rights. One police officer, namely Superintendent Nsingo, verbally abused Mr. Ncube while demanding to know why he was at the police station and accusing him of being "unethical" and "irresponsible", stating that lawyers had no business at the police station. Superintendent Nsingo ordered Mr. Ncube out of the police station and physically pushed him out of the station.

On June 7, 2007, Mr. Ncube tried again to gain access to his clients but was denied such access by the police officers at Bulawayo Central police station.

The Observatory strongly condemns the arrest, assault and detention of the women from WOZA who were peacefully demonstrating to express their views and concerns over the current crisis in Zimbabwe. Besides, the Observatory recalls that WOZA and its members have been repeatedly subjects of harassment activities in the past years, distinctively 2004 and 2005 and 2006 (See Observatory Annual Report 2006).

The Observatory further condemns the harassment of Mr. Ncube, which harassment is a continuation by the Zimbabwe Republic Police (ZRP) in their attack against lawyers seeking to represent their clients, a right that is guaranteed under section 18 of the Constitution of Zimbabwe, as well as by the United Nations Basic Principles on the Role of Lawyers.


Actions required:

Please write to the authorities of Zimbabwe urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Ms. Jenni Williams, Ms. Magodonga Mahlangu, Ms. Martha Ncube, Ms. Sangeliso Dhlamini, Ms. Pretty Moyo, Ms. Angeline Karuru and Ms. Rosemary Siziba, Mr. Kossam Ncube as well as of all WOZA, MOZA and ZLHR members;

ii. Conduct a fair, impartial and independent investigation into the allegations of ill-treatment above-mentioned, in order to identify all those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;

iii. Release them immediately and unconditionally since their detention is arbitrary;

iv. Guarantee that adequate reparation is provided to them, as victims of abuses;

v. Put an end to all acts of harassment against human rights defenders in Zimbabwe;

vi. 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 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", article 9.3.c., which states that "everyone has the right, individually and in association with others, to offer and provide professionally qualified assistance or other relevant advice and assistance in defending human rights and fundamental freedoms", 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";

vii. 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 / +263 4 252 155
* 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, June 7, 2007

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

[1] This ten-bullet program aims at a non-violent Zimbabwean society where freedom of speech and assembly prevails. It hopes for a new Constitution according to which elections are conducted with the purpose of having a more inclusive political scene where all political parties, NGO’s, private sector, religious leaders, workers, youth and women are represented. Finally, it intends civil servants, law enforcement individuals and members of the judicial branch to be held accountable through audit inspection units.

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