ZWE 001 / 0119 / OBS 006

Arbitrary detention /
Judicial harassment

Zimbabwe

January 18, 2019

The Observatory for the Protection ofHuman Rights Defenders, a partnership of FIDH and the World OrganisationAgainst Torture (OMCT), requests your intervention in the following situationin Zimbabwe.

Descriptionof the situation:

The Observatory has beeninformed by reliable sources about the arbitrary arrest and ongoing judicialharassment of Pastor Evan Mawarire, prominent anti-corruptionactivist who led 2016’s #ThisFlag[1] protests which encouragedZimbabweans to denounce the corruption and economic crisis which prevailedunder the regime of Robert Mugabe.

According to theinformation received, on January 17, 2019, Mr. Evan Mawarire appeared beforethe Harare Court and was charged with “subverting a constitutional government”(section 22 of the Criminal Law Act). If convicted, he faces up to 20 years injail.

The charges are linked tothe nationwide anti-government protests that were triggered by PresidentEmmerson Mnangagwa’s announcement that the fuel price would more than double asthe country’s economic crisis is deepening. Mr. Mawarire went public on Facebookand Twitter before and during the strikes, calling for Zimbabweans tosupport peacefully a stay-at-home strike called by the Zimbabwe Congress ofTrade Unions (ZCTU).

On January 16, 2019, policeofficers surrounded Mr. Mawarire’s home in Harare and took him in a policetruck two hours later. The Police initially arrested Mr. Mawarire over thecrime of “inciting public violence”.

Mr. Mawarire’s firsthearing was scheduled in the morning of January 17, 2019 but the decision toupgrade his charges delayed his appearance before the Court.

The Observatory recalls thatthe anti-government protests over the fuel price were severely repressed bysecurity forces: several persons were shot dead (at least eight as of thepublication of this appeal) or wounded during the crackdown on protesters;around 200 people were arbitrarily detained, and the Government also blockedthe access to Internet and social media.

The Observatory also recalls that this is not the first time Mr. Mawarire facesarbitrary detention and judicial harassment. Mr. Mawarire was arrested andreleased in July 2016, arrested again in September 2016, February, June andSeptember 2017. On November 29, 2017, Harare High Court dropped all pendingcharges of “subverting a constitutional government” against Pastor Mawarire.Those charges were levelled against him in February 2017, for leadingdemonstrations against President Mugabe and demanding an end to corruption andthe economic crisis.[2]

The Observatory condemnsthe arbitrary detention and judicial harassment of Mr. Evan Mawarire as theyseem only aimed at punishing him for his legitimate human rightsactivities and urges Zimbabwean authorities to immediately and unconditionallyrelease him.

Actions requested:

Please write to theauthorities of Zimbabwe asking them to:

i. Guarantee inall circumstances the physical and psychological integrity of Mr. EvanMawarire and all human rights defenders in Zimbabwe;

ii. Immediately andunconditionally release Mr. Evan Mawarire and all human rights defendersarbitrarily detained in the country;

iii. Put an end to all actsof harassment, including at the judicial level, against Mr. Evan Mawarire andall human rightsdefenders in Zimbabwe, and ensure that they are able to carry out theiractivities without hindrance;

iv. Conform to theprovisions of the UN Declaration on Human Rights Defenders, adopted by theGeneral Assembly of the United Nations on December 9, 1998, especially Articles1 and 12; and

v. Ensure in allcircumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and the internationalhuman rights instruments ratified by Zimbabwe.

Addresses:

· President of Zimbabwe, Emmerson Mnangagwa; Fax:+263 4 708 211 / + 263.4.70.38.58 @edmnangagwa

· Mr. Cain Mathema, Minister of Home Affairs, thesecretary@moha.gov.zw, Phone: +263 2 42 70 36 41/43, Fax: +263 2 42 70 72 31

· Mr. Sibusiso Moyo, Minister of ForeignAffairs, mfa@zimfa.gov.zw, Phone: +263 47 94 68 16

· Mr. Ziyambi Ziyambi, Minister of Justice, Legaland Parliamentary Affairs, Phone: +263 2 42 77 46 20/7, Fax: +263 2 42 77 29 99

· Mr. Prince Machaya, Attorney-General,Office of the Attorney; Fax: + 263 4 77 32 47;

· Ambassador Mr. Taonga Mushayavanhu, PermanentMission of Zimbabwe to the United Nations in Geneva; Fax: + 41 22 758 30 44;Email: mission.zimbabwe@ties.itu.int

· Embassy of Zimbabwe in Brussels; Fax: + 32 2762 96 05 / + 32 2 775 65 10, Email: zimbrussels@skynet.be

Please also write to the diplomatic missions orembassies of Zimbabwe in your respective country.

***

Paris-Geneva, January 18, 2019

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

The Observatory for the Protection of HumanRights Defenders (the Observatory) was created in 1997 by FIDH and the WorldOrganisation Against Torture (OMCT). The objective of this programme is tointervene to prevent or remedy situations of repression against human rightsdefenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights DefendersMechanism implemented by international civil society.

To contact the Observatory, call the emergencyline:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 4355 18 80

· Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

[1] The #ThisFlag movement startedafter Pastor Evan Mawarire posted a video on Facebook in which he appeared withthe Zimbabwean flag around his neck and denounced the country’s worseningeconomic crisis.

[2] SeeObservatory Urgent Appeal ZIM 001 / 0217 / OBS 016.2, published onDecember 5, 2017.