The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Zimbabwe.
Description of the facts:
According to the information received, on August 22, 2007, a person calling himself Moyo from the office of the Zimbabwe African National Union - Patriotic Front (ZANU PF, ruling party) called Mr. Kucaca Phulu’s office and spoke to the receptionist. This person said that Mr. Phulu had been seen with one of his client who is charged for "armed robbery" and wanted for arrest. He then threatened Mr. Phulu with harm for representing him and said that if his client could not be found, Mr. Phulu would be "killed" in his place.
The Observatory is deeply concerned by those threats which illustrate the situation of extreme insecurity faced by lawyers and human rights defenders in Zimbabwe. These facts, which occur in the context of organised and systematic violence against human rights defenders and political opponents, are a violation of the provisions of the United Nations Declaration on Human Rights Defenders, which states in its article 11 that "everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession".
The Observatory finally draws the attention of the Zimbabwean authorities to paragraph 17 of the Basic Principles on the Role of Lawyers adopted by the UN Congress on the Prevention of Crime and the Treatment of Offenders in 1990, which state that "where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities".
Actions requested:
Please write to the Zimbabwean authorities urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Kucaca Phulu and put an immediate end to any kind of threats or reprisals against him;
ii. Order a thorough and impartial investigation into the above-mentioned events, in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal, civil and/or administrative sanctions provided by the law;
iii. Put an end to any kind of act of harassment and threats against all human rights defenders in the country;
iv.Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the UN General Assembly 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 11 above-mentioned and article 12.2, which states 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";
v.Conform with the provisions of the Basic Principles on the Role of Lawyers adopted by the UN Congress on the Prevention of Crime and the Treatment of Offenders in 1990;
vi.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, August 23, 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.