Arbitrary arrest, subsequent release and ongoing judicial harassment against Pastor Evan Mawarire

New information

ZIM 001 / 0217 / OBS 016.1

Arbitrary arrest /

Release /

Judicial harassment

Zimbabwe

September 27, 2017

The Observatoryfor the Protection of Human Rights Defenders, a partnership of FIDH andthe World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Zimbabwe.

Newinformation:

The Observatoryhas been informed by reliable sources about the arbitrary arrest,subsequent release and ongoing judicial harassment against Pastor Evan Mawarire, prominent anti-corruption activist who led lastyear’s #ThisFlag[1]protests which encouraged Zimbabweans via social media to hold protests againstPresident Robert Mugabe, accusing him of corruption and causing the economic crisis.

According to the information received, on September 24, 2017, PastorMawarire was arbitrarily arrested during a church service in Milton Park andsubsequently detained at Harare central police station. Pastor Mawarire hadinitially been charged with “subverting a constitutional government” underSection 22 (2) of the Criminal Law (Codification and Reform) Act, Chapter 9:23.

These charges stem from a video circulated on social media on September23, 2017, in which Pastor Mawarire criticised Zimbabwe’s economic policies andurged Zimbabweans to revolt against them[2].

Pastor Mawarire was taken to the Prosecutor General’s office onSeptember 26, 2017. On the same day Harare Magistrates Court, ordered hisrelease on the ground that under the Constitution of Zimbabwe, no one can bedetained more than 48 hours without appearing before a court of law. Chargesrelated to his arrest were consequently dropped.

However, Pastor Mawarire is still facing trial as similar charges were levelledagainst him in February 2017, for leading demonstrations and demanding an endto corruption and the economic crisis (see background information). PastorMawarire appeared in court on September 25, 2017 and pleaded not guilty. Thenext hearing is scheduled on September 28, 2017.

The Observatory condemns the ongoing harassment, including at thejudicial level, against Pastor Mawarire, which seems only to be aimed at sanctioning hislegitimate human rights activities and urges authorities to immediately andunconditionally release him.

Backgroundinformation:

In July 2016, Pastor Mawarire was arrested and charged with “incitingpublic violence”. The public prosecutor then altered the charges to “attemptingto overthrow a constitutional government”. However, the Harare Magistrate VakaiChikwekwe ruled that Zimbabwe Republic Police (ZRP) officers had violated hisconstitutional rights in arresting and detaining him and that the prosecutoracted in violation of the Constitution by bringing new charges against PastorMawarire while in court.

President Mugabe himself publicly attacked Pastor Mawarire accusing himof being a “great shame” and a “disgrace” for “allowing himself to demonstrateagainst the country”.

Fearing to be further harassed and arrested, Pastor Mawarire, left on aself-imposed exile to the United States for seven months.

Pastor Mawarire returned to Zimbabwe on February 1, 2017 and wasimmediately arrested at the airport and charged by the ZRP with “subverting aconstitutional government”[3]. The ZRP claims that thecleric has been “inciting Zimbabweans from all walks of life either locally orinternationally to revolt and overthrow a constitutionally elected government”.That includes allegations that Pastor Evan Mawarire has incited someZimbabweans living in the US and “all over the world” through social media toconverge in New York on September 22, 2016 to “confront” President Mugabe, whowas attending the United Nations General Assembly and order him to“immediately” resign from his position under the accusation of destroying thecountry.

On February 8, 2017, the Harare High Court acceded to a bail request andgranted a USD 300 (280 euros) bail to Pastor Mawarire, after finding theState’s case “weak”, with “no compelling reasons” to maintain him in pre-trialdetention. The bail was accompanied by the obligation to report twice a week(on Mondays and Fridays) to the Arondale police station. In addition, PastorMawarire had to surrender his passport to the Clerk of the Harare MagistratesCourt and was urged not to interfere with State witnesses.

Furthermore, the High Court found extensive periods of pre-trial detentionto be in contradiction with provisions of the Zimbabwean Constitution, theInternational Covenant on Civil and Political Rights as well as with opinionsof the United Nations Human Rights Committee, and the European Court ofJustice.

Actionsrequested:

Please writeto the Zimbabwean authorities asking them to:

i. Put anend to any kind of harassment - including at the judicial level - againstPastor Evan Mawarire, as well as against all human rights defenders inZimbabwe;

ii. Put anend to any kind of hindrance to Pastor Evan Mawarire’s freedom of movement byimmediately returning him his passport;

iii. Conform withthe provisions of the UN Declaration on Human Rights Defenders, adoptedby the General Assembly of the United Nations on December 9, 1998, in particular withits Articles 1, 6, 9, and 12.2;

iv. Ensure inall circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards andinternational instruments ratified by Zimbabwe.

Addresses:

· President ofZimbabwe, Mr. Robert G. Mugabe; Fax: +263 4 708 211 / + 263.4.70.38.58 @RGMugabe

· Mr. IgnatiusChombo, Minister of Home Affairs, Ministry of Home Affairs; Fax: +263 4 726 716

· Ms. ObendingwaMguni, Deputy Minister of Home Affairs, Ministry of Home Affairs; o.hmguni@ymail.com; Fax: +263 4 726716

· Mr. E. D. Mnangagwa, Minister of Justiceand Legal Affairs; justice@justice.gov.zw; Fax: + 263 4 7729 99 / +263 4 252 155

· Dr. AugustineChihuri, Commissioner General, Police Headquarters; Fax: +263 4 253 212 / 728768 / 726 084

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

· Ms. Chanetsa, Officeof the Public Protector; Fax: + 263 4 70 41 19

· AmbassadorMr. Taonga Mushayavanhu, Permanent Mission of Zimbabwe to the UnitedNations in Geneva; Fax: + 41 22 758 30 44; Email: mission.zimbabwe@ties.itu.int

· Embassy of Zimbabwein Brussels; Fax: + 32 2 762 96 05 / + 32 2 775 65 10, Email: zimbrussels@skynet.be

Please also writeto the diplomatic mission or embassy of Zimbabwe in your respective country

***

Paris-Geneva, September27, 2017

Kindly inform us of any action undertaken quoting the code of thisappeal in your reply.

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997by FIDH and OMCT. The objective of this programme is to prevent or remedysituations of repression against human rights defenders. FIDH and OMCT areboth members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implementedby international civil society.

To contact the Observatory, call the emergency line:

· E-mail: Appeals[at]fidh-omct.org

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

· Tel andfax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

[1] The #ThisFlag movement started after Pastor EvanMawarire posted a video on Facebook in which he appeared with the Zimbabweanflag around his neck and denounced the country’s worsening economic crisis.

[2] In his address, Pastor Mawariresaid, “What did we do to deserve this suffering nhai? There is no evil thatsurpasses that of enriching yourself at the expense of poor defenceless people.The extent of suffering in Zimbabwe is heartbreaking and our leaders seenothing wrong with it. God is not a fool and He will bring judgement. We willnot stop speaking out and condemning evil and injustice. I’m not going to sitaround and just let it happen all over again. Things are getting worse and weare the ones suffering. Please people of Zimbabwe let's save our nation.”

[3] Seethe Observatory Press Release issued on February 2, 2017.