Description of the situation:
The Observatory has been informed by reliable sources about the raid into the Counselling Services Unit (CSU), a lawfully registered medical clinic providing non-partisan counselling and referral to all victims of trauma, and the subsequent arbitrary detention of three of its staff members.
According to the information received, on November 5, 2012 around lunch time, 12 uniformed and non-uniformed police officers, including members of the Bomb Disposal Squad and an Information Technology expert, raided the CSU offices in Harare. The clinic was surrounded by armed riot police, who threatened to fire tear gas into the building, which is also occupied by other tenants. The police were in possession of a search warrant justifying the raid as aimed to recover material that “defaces any house, building, wall, fence, lamp post, gate, elevator without the consent of the owner or occupier” and in contravention of Section 46 of the Criminal Law (Codification and Reform) Act.
After four hours of searching during which the police forcibly accessed confidential medical records, five staff members, Messrs. Fidelis Mudimu, Zachariah Godi, James Zidzimu, Tafadzwa Geza and Penn Bruno, were arrested for further questioning and taken into custody at Harare Central Police Station. Some files, a computer that contains confidential client information and client records, and two cans of spray paint CSU keeps in the office to mark all their assets were taken as evidence. Two hours later, at about 6 pm, Messrs. James Zidzimu and Penn Bruno were released without charge, while Messrs. Fidelis Mudimu, Zachariah Godi and Tafadzwa Geza remained detained with no indication of charges.
On November 7, 2012, Messrs. Fidelis Mudimu, Zachariah Godi and Tafadzwa Geza were transferred to Bulawayo Central Police Station after the required time for a court appearance, and further detained with no defined charges on a new detention order, written in Harare and signed in Bulawayo. They were transported on the back of an open pick up truck, with no protection from the sun, despite the temperature reaching 33 degrees in Harare. They were not interviewed by the police, but immediately detained in the police cells.
On November 8, 2012, the three were given bail of USD 100 each and remanded to December 6, 2012.
The Observatory expresses its deep concern about Messrs. Fidelis Mudimu, Zachariah Godi and Tafadzwa Geza’s arbitrary detention, which seems to only aim at sanctioning their human rights activities, and calls upon the authorities of Zimbabwe to release them immediately and unconditionally.
Actions requested:
Please write to the authorities of Zimbabwe asking them to:
i. Guarantee in all circumstances the physical and psychological integrity of Messrs. Fidelis Mudimu, Zachariah Godi, James Zidzimu, Tafadzwa Geza and Penn Bruno, as well as all human rights defenders in Zimbabwe;
ii. Put an end to any kind of harassment, including at the judicial level, against Messrs. Fidelis Mudimu, Zachariah Godi, James Zidzimu, Tafadzwa Geza and Penn Bruno, all CSU staff members, as well as against all human rights defenders in Zimbabwe;
iii. 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”,
– and its 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 his or her rights”;
iv. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights 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, co-Minister of Home Affairs, Ministry of Home Affairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway, Harare, Zimbabwe, Fax: +263 4 726 716;
· Mr. Giles Mutsekwa, co-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 Johannes Tomana, 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;
· H.E. Mr. James Manzou, Ambassador, Permanent Mission of Zimbabwe to the United Nations in Geneva, Chemin William Barbey 27, 1292 Chambésy, Switzerland, Fax: + 41 22 758 30 44, Email: zimbabwemission@bluewin.ch;
· 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, November 8, 2012
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.
To contact the Observatory, call the emergency line:
• E-mail: Appeals@fidh-omct.org
• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80