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 October 27, 2008, Ms. Jennifer Williams and Ms. Magodonga Mahlangu were denied bail by the Bulawayo Magistrate’s Court, which claimed that "it would not be in the best interests of justice". In particular, Magistrate Charity Maphosa stated in her ruling that there were pending cases against the two. As such, she maintained that they had not been honest when asked in court if they had any pending cases against them.
However, as Ms. Jennifer Williams and Ms. Magodonga Mahlangu were removed off remand following a Harare Magistrate’s Court decision on October 15, 2008, they argued that all the cases against them were no longer pending. Magistrate Maphosa went on, arguing that as four cases with similar charges would reportedly be "pending" against the two it was likely that they would commit similar offences again (even though the section of the Criminal Procedures and Evidence Act that she quoted in her ruling only refers to violent crimes, which the two have never been accused of). She noted the political climate that is gripping the country and claimed that in such a climate "people are easily excitable" and could be moved to violence if they saw such a demonstration.
The defence intends to lodge an urgent appeal to the High Court. Meanwhile, Ms. Williams and Ms. Mahlangu remain detained at the Mlondolozi Female Prison, where conditions of detention are terrible. Cells are overcrowded and full of lice, food is extremely limited. Prisoners receive only a small amount of sadza (maize) with green vegetable cooked in water - no salt or any other form of nutrition. The lack of salt is particularly worrying given the extreme heat being experienced at the moment. Prison guards also routinely insult inmates.
The Observatory expresses its deep concern about the arbitrary detention of Ms. Jennifer Williams and Ms. Magadonga Mahlangu, as well as about the ongoing acts of harassment against them and all WOZA/MOZA members. 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", and that Article 6(c) of the Declaration provides that "everyone has the right, individually and in association with others [...] 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".
Background information:
On October 16, 2008, WOZA organised a peaceful march through the streets of Bulawayo in order to denounce the alarming economic and social situation and to demand food for all Zimbabweans. This demonstration took place as the political deadlock continues a month after the power-sharing agreement was signed and the crisis facing people in their daily lives deteriorates dramatically every day. WOZA was therefore demanding immediate action regarding the formation of a new government that will begin to work on solving urgent social issues, like food, electricity and water. Recognising that the situation in the country is now a "national disaster", they also demanded that all Zimbabweans receive access to food aid and also seed and agricultural inputs.
On arrival at the Mhlahlandlela Government Complex, the group of approximately 200 sat down outside the gates whilst a delegation of four elderly women went in to request that the Regional Department Heads of all the service departments come out and address the crowd on what was being done to alleviate the humanitarian crisis facing the country. The group sat peacefully for 45 minutes, waiting to be addressed, before five riot police approached the group.
Ms. Jennifer Williams and Ms. Magadonga Mahlangu were then arrested and taken to Drill Hall. The rest of the group were forcibly dispersed and beaten with baton sticks. At least one member is receiving medical attention for the beating she received. Ms. Williams and Ms. Mahlangu were later taken to Bulawayo Central Police Station, where they were currently being held as of issuing this urgent appeal. No information could be obtained regarding the charges against them, as their lawyers were denied access by the Officer-in-Charge of the Law and Order Section in Bulawayo Central, Detective Chief Inspector Ntini.
On October 17, 2008, Ms. Williams and Ms. Mahlangu were remanded in custody until October 21, 2008 by the Bulawayo Magistrate’s Court. They were charged for "disturbing the peace, security or order of the public" under Section 37 1(a) of the Criminal Law (Codification and Reform) Act. Ms. Williams and Ms. Mahlangu were denied bail under the pretext that there would still be another outstanding case pending against them[1]. Yet, as they had been removed off remand following a Harare Magistrate’s Court decision on October 15, 2008, they argue that their case is no longer pending. The Magistrate Maphosa allowed the State time to verify this fact however, remanding the two in custody until October 21.
On October 21, 2008, their bail hearing took place without them being present, as the State alleged that there was no transport to take them to the bail hearing. The court then decided to reserve its judgement on the bail application until October 24, 2008.
Although Magistrate Charity Maphosa was due to rule on the bail application of Ms. Williams and Ms. Mahlangu on October 24, 2008, she delayed her judgement until October 27 as she was "forced to attend a workshop instead".
The Observatory further notes that Ms. Mahlangu suffers from the beatings she received outside Mhlalandlela, reportedly inflicted from the Chief Inspector called Mabhari.
Actions required:
Please write to the authorities of Zimbabwe urging them to:
1. Guarantee in all circumstances the physical and psychological integrity of Ms. Jennifer Williams, Ms. Magodonga Mahlangu, all WOZA/MOZA activists, defenders of economic, social and cultural rights as well as of all human rights defenders in Zimbabwe;
2. Release immediately and unconditionally Ms. Jennifer Williams and Ms. Magodonga Mahlangu since their detention is arbitrary as it merely aims at sanctioning their human rights activities;
3. Order a thorough and impartial investigation into the above-mentioned allegations of ill-treatments in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
4. Put an end to all kinds of harassment, including at the judicial level, against all human rights defenders in Zimbabwe;
5. 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 6(c) as well as 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";
6. 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, October 27, 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
[1] See Observatory Urgent Appeals ZWE 003 / 0608 / OBS 094, 094.1 and 094.2, respectively issued on June 4, June 13 and July 4, 2008.