Zimbabwe
12.10.18
Urgent Interventions

Compensation of Ms. Jestina Mungareva Mukoko, Executive Director of the Zimbabwe Peace Project (ZPP)

URGENT APPEAL - THEOBSERVATORY

New information

ZIM 008 / 1208 / OBS 206.6

Reparation

Zimbabwe

October 12, 2018

The Observatory for the Protection ofHuman Rights Defenders, a partnership of FIDH and the World OrganisationAgainst Torture (OMCT), has received new information and requests yourintervention in the following situation in Zimbabwe.

Newinformation:

The Observatory has beeninformed by reliable sources about the compensation of Ms. Jestina MungarevaMukoko, Executive Director of the Zimbabwe Peace Project (ZPP)[1] and Board Member of theZimbabwe Human Rights NGO Forum.

According to theinformation received, on September 27, 2018, the High Court of Zimbabwe orderedthe Zimbabwean State to pay a total of 150,000 USD (around 130,580 Euros) toMs. Jestina Mukoko before October 31, 2018, in compensation for the abduction,incommunicado detention and torture she suffered at the hands of state securityagents in 2008 (see background information below). The sum includes 100,000 USDfor her claims and 50,000 USD as a contribution towards her legal costs.

The Observatory recallsthat in December 2008 Ms. Mukoko was abducted, detained incommunicado andsubjected to torture. After her release from prison on March 2, 2009, Ms.Jestina Mukoko and her lawyer undertook legal action against the State,demanding a 220,000 USD (around 191,600 Euros) compensation for her abduction.In September 2009, the High Court of Zimbabwe granted Ms. Jestina Mukoko apermanent stay of prosecution considering the violation of her fundamentalrights by state security agents. Indeed, Ms. Mukoko was subjected to tortureand inhumane and degrading treatment (i.e. simulated drowning, being locked ina freezer, physical assaults) by the agents who tried to make her confess plottingagainst Robert Mugabe’s administration.

On March 27, 2017, the HighCourt ruled that those who had illegally arrested her could be sued in theirpersonal capacities. However, Ms. Mukoko decided not to continue pursuing heralleged abductors.

The Observatory welcomesthe award of compensation to Ms. Jestina Mukoko and thanks all the persons,organisations and institutions that intervened in her favour. The Observatoryrecalls that this is the first major award of compensation from the State to ahuman rights defender in Zimbabwe.

Background information:

On December 3, 2008, Ms. Mukoko was abducted by a group of 15unidentified armed men from her home in Norton. On December 8, 2008, Messrs.Broderick Takawira, ZPP Provincial Coordinator, and Pascal Gonzo, ZPP driver,were also abducted by at least five men at the ZPP offices in Harare. Ms.Mukoko and Mr. Broderick’s whereabouts remained unknown until December 24,2008, when they first appeared before the Harare Magistrates Court, after weeksof incommunicado detention.

On January 5 and 6,2009, Ms. Mukoko, Mr. Gonzo and Mr. Takawira, accused by theGovernment of “recruiting or goading other people to undergo military trainingin neighbouring Botswana aimed at toppling Robert Mugabe’s Government”, appearedbefore the Harare Magistrates Court. The hearing in Ms. Mukoko andMr. Takawira’s case was then postponed, pending a decision of the HighCourt on an application demanding further medical examination in awell-equipped hospital, as they reportedly bore signs of torture andill-treatment.

The Observatory wasfurther informed that during the first ten days of her detention, Ms. Mukokowas not allowed to take medication for an allergic condition, and wasprescribed medication for anxiety and insomnia by an army doctor who hadfacilitated acts of torture against her.

Messrs. PascalGonzo and Broderick Tarawira were released on bail by the High Court ofZimbabwe on February 6 and 26, 2009, respectively.

On March 2, 2009, Ms.Jestina Mukoko was released on bail by the Harare Magistrates Court’s decision,on payment of 600 USD (around 523 Euros).

Actions requested:

Please write to theauthorities of Zimbabwe asking them to:

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

ii. Put an end to all actsof harassment, including at the judicial level, against all human rights defenders inZimbabwe, and ensure that they are able to carry out their activitieswithout hindrance;

iii. 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

iv. 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

· Mr. Sibusiso Moyo, Minister of ForeignAffairs

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

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

· Ambassador Mr. Taonga Mushayavanhu,Permanent Mission of Zimbabwe to the United Nations in Geneva; Fax: + 41 22 75830 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, October 12, 2018

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 22809 49 29

[1] ZimbabwePeace Project is a NGO working for sustainable peace in Zimbabwe through humanrights monitoring, documentation, advocacy and community peace buildinginterventions.