Arbitrary arrest and subsequent release of Mr. Okay Machisa

Zimbabwe

March 24, 2010

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) has received new information and requests your urgent intervention in the following situation in Zimbabwe.

New information:

The Observatory has been informed by reliable sources about the arbitrary arrest by a group of 20 officers of the Zimbabwe Republic Police (ZRP) and subsequent release of Mr. Okay Machisa, Executive Director of the Zimbabwe Human Rights Association (ZIMRIGHTS).

According to the information received, on March 23, 2010, at 4 pm, Mr. Okay Machisa was arrested at the Gallery Delta of Harare, while he was checking on the preparation of a photo exhibition entitled “Reflections” scheduled to open on March 24, 2009. The exhibition is part of a national healing programme which aims at inciting reflections on the political violence that occurred in 2007. At around 3.45 pm, two truckloads of uniformed and plain clothes police had descended on the premises of the Gallery Delta in Central Harare and proceeded, without a warrant or justifiable cause, to remove the 65 photographs which formed the exhibition. During the raid, the 20 police officers acted in a threatening and intimidating manner towards Mr. Machisa, who was held in Harare Central Police Station, before being released at 6.30 pm, following the intervention of lawyers from Zimbabwe Lawyers for Human Rights (ZLHR). The Officer Commanding Harare Central District advised that he had “not approved” the launch and gave Mr. Machisa seven days to provide “letters of consent from individuals and organisations” appearing in the photographs, failing which he threatened to launch unspecified criminal charges against Mr. Machisa.

On March 17 and 19, 2010, the police had interrogated Mr. Okay Machisa and Ms. Olivia Gumbo, ZIMRIGHTS National Programme Manager, about the objective and intents of the exhibition. On March 23, 2010, at 11am, the police took photos of the exhibition. Previously, ZIMRIGHTS had sent a notification letter for the exhibition to the police and had acquired an authorisation from the Harare High Court.

On March 24, 2010, at 3 pm, following an urgent chamber application filed by ZLHR's lawyers, the High Court ordered the police to return the photo exhibits to ZIMRIGHTS within an hour, with which the police complied.

The Observatory deeply condemns the arbitrary arrest of Mr. Okay Machisa and urges the Zimbabwe authorities to put an end to the continuing harassment against members of ZIMRIGHTS, which seem to merely aim at silencing them due to their human rights activities.

Background information:

On November 2009, several armed men waited at Mr. Machisa home’s gate as he returned from a meeting. They left after Mr. Machisa alerted the police and colleagues.

On February 16, 2010, Mr. Machisa received by email an anonymous message from a person identifying himself as Dzapasi Mumunda warning him to be careful with his work. The message said “Be careful my friend a number of people at my workplace have been assigned to bring you down. I refused to be involved. Be careful especially at your home”.

On February 25, 2010, Messrs. Nunurai Jena, Netsai Kaitano and Jabilusa Tshuma and received different anonymous messages on their cell phones ordering them to put an end to their work on the constitution making process and threatening them with death. The messages also asked them about their motives to work within the association. All the messages were sent from the same number which is now unreachable. Mr. Okay Machisa also received a threatening message telling him to stay out of the country. The message said: “You enjoy flying in and out of the country demonizing your country, why don’t you go and stay there? They monitor, soon you will all stay out”. On March 2, 2010, ZIMRIGHTS filed a police report under number IR 030 117.

Actions requested:

Please write to the authorities of Zimbabwe asking them to:

1. Guarantee in all circumstances the physical and psychological integrity of Messrs. Okay Machisa, Nunurai Jena, Netsai Kaitano and Jabilusa Tshuma and Ms. Olivia Gumbo as well as all ZIMRIGHTS members and all human rights defenders in the country;
2. Order an immediate, thorough, effective and impartial investigation into the above-mentioned facts, the result of which must be made public, in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law;
3. Put an end to any kind of harassment against Messrs. Okay Machisa, Nunurai Jena, Netsai Kaitano and Jabilusa Tshuma and Ms. Olivia Gumbo as well as against all human rights defenders in Zimbabwe;
4. 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 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”;
5. 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;
• 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.int;
• 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.

Paris-Geneva, March 24, 2010

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:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29