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 5, 2007, Messrs. Michael Kandukutu, Justice Mucheni, and Tennyson Muchepfa appeared before a court in Harare, which ruled that the three had not committed any offence and that there was "no reasonable suspicion" that they had committed any crime. The court added the three were distributing information that was public knowledge.
The Observatory recalls that Messrs. Michael Kandukutu, Justice Mucheni, and Tennyson Muchepfa had been arrested on September 17, 2007 in Harare, while trying to distribute fliers for a peaceful stay away due to take place on September 19 and 20 in order to protest against the devastating consequences of hyperinflation and mass unemployment on their members. They had been released on a bail of Z$ 500,000 on September 19, 2007 after appearing in Court and remained accused of "criminal nuisance" under Section 46 of the Zimbabwean Criminal Code. According to the information received, the ZCTU members were allegedly assaulted by police officers before being taken to Mbare police station where they were further assaulted. They were then transferred to Harare Central police station.
The Observatory welcomes the dismissal of charges against Messrs. Michael Kandukutu, Justice Mucheni, and Tennyson Muchepfa and wishes to thank all the persons, organisations, and institutions that intervened in their favour.
Background information:
In the run-up of the "stay away"1 that was due to take place on September 19 and 20, 2007, several members of the Zimbabwe Congress of Trade Unions (ZCTU) and of the Women of Zimbabwe Arise (WOZA) were arrested, detained and harassed for their involvement in the organisation of the event.
On September 13 and 14, 2007, three ZCTU members, Messrs. Eliot Muposhi, Willmore Makure and Tafara Tawengahama, were arrested in Masvingo and taken to the police station of the city where they were interrogated by police officers from the Law and Order section and members of the Central Intelligence Organisation, concerning the planned ZCTU stay away. After a three hours interrogation, the three were released but threatened with reprisals if they went ahead with the stay away.
In Bulawayo, on September 18, 2007, Mr. Isaac Teveteve, the Secretary of the Gweru branch of the ZCTU, was arrested and sent to detention in Gweru, before being released a few hours later. On the same day, three WOZA members, Ms. Magodonga Mahlangu, Ms. Rosemary Siziba and Ms. Sitshiyiwe Ngwenya were arrested and taken to the Bulawayo police station where they were charged under the Criminal Codification Act for "malicious damage to property owned by the State". The charges relate to messages reading "choose love over hate" that have been written on roads around Bulawayo. Ms. Mahlangu was reportedly removed from Bulawayo police station and brought to a police station located 30 kilometres away from the city. While she was in detention, Law and Order officers subjected her to intensive interrogations and threatened her with death. The three activists were then brought to court on September 19, 2007, where lawyers facilitated their release.
Actions required:
Please write to the authorities of Zimbabwe urging them to:
i.Guarantee in all circumstances the physical and psychological integrity of Messrs. Muposhi, Makure, Tawengahama, Kandukutu, Mucheni, Muchepfa, Teveteve, of Ms. Mahlangu, Ms. Siziba and Ms. Ngwenya, as well as of all WOZA and ZCTU members;
ii.Conduct a fair, impartial and independent investigation into the allegations of threats, assaults and ill-treatment above-mentioned, in order to identify all those responsible, bring them to trial and apply to them the sanctions provided by law;
iii.Put an end to all acts of harassment against 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 Article 1 (above-mentioned), Article 6.b, which provides that "everyone has the right, individually and in association with others [...] freely to publish, impart or disseminate to others views, information and knowledge on all 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 [...] 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
– 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.
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Geneva - Paris, October 12, 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
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New information
ZWE 006 / 0907 / OBS 117.1
End of judicial proceedings
Zimbabwe
October 12, 2007