The trial takes place against a background of alleged irregularities in the handling of the case by the investigating police. These include reports that investigating police assaulted an employee of Zimbabwe Lawyers for Human Rights (ZLHR), an organisation chaired by one of the VOP Trustees, Mr. Arnold Tsunga, and arbitrarily detained employees of two of the VOP trustees in order to compel those trustees to present themselves to the police for arrest. Mr. Arnold Tsunga, who was a co-recipient of the 2006 Martin Ennals Award for Human Rights Defenders [1], is also Chairman of the Zimbabwe Human Rights Association (Zimrights). Zimrights was recently informed of a serious threat to Mr. Arnold Tsunga’s life.
The ICJ and the OBSERVATORY have mandated Mr. Ronald Selvan SC, a distinguished South African lawyer and acting Judge, to attend the hearing and monitor whether or not the accused receive a fair trial, before an independent and impartial tribunal, as required by international human rights law. The ICJ and the OBSERVATORY call on the Zimbabwean Government to ensure that international observers are able to attend the trial without any hindrances.
Background
On 25 January 2006, six VOP trustees, Mr. David Masunda, Mr. Arnold Tsunga, Mr. Lawrence Chibwe, Mr. Nhlanhla Ngwenya, Mr. Millicent Phiri and Ms. Isabella Matambanadzo, were arrested and charged with broadcasting without a license, a charge carrying a penalty of up to two years imprisonment. The accused are currently free on bail. A preliminary hearing was held on 28 February 2006, at which a Magistrate decided not to accept the defence’s submission that there was insufficient evidence to send the case to full trial.