Release on bail of Ms. Jenni Williams and Ms. Magodonga Mahlangu

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), 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 of the release on bail of Ms. Jenni Williams, National Coordinator of Women of Zimbabwe Arise (WOZA), and Ms. Magodonga Mahlangu, another WOZA leader.

According to the information received, on June 9, 2007, Ms. Jenni Williams and Ms. Magodonga Mahlangu were taken to Court at 8.30am, although they had to wait until 11am to see a magistrate. They were then released on bail of $100,000 each and were remanded to June 18, 2007. They were charged with “participating in gathering with intent to promote public violence, breaches of the peace or bigotry” (Section 37 (1a)[1] of the Criminal Law (Codification and Reform) Act) and under Section 46 of the same Act[2].

Their lawyer took the opportunity to serve notice on the State that he will file a constitutional challenge to these charges on June 18, 2007. His argument is that the wording is too vague and meaningless, thereby rendering them ineffective and a waste of time.

The police further asserted that Ms. Williams and Ms. Mahlangu threatened the security of the police station by their actions and disturbed peace. The police also alleged that they both refused to disperse with the others and this is why they were arrested.

Moreover, Ms. Williams was also summoned to appear in court on July 23, 2007 and August 2, 2007, in relation with her arrests in 2004.

The Observatory welcomes Ms. Williams and Ms. Mahlangu’s releases on bail, but recalls that they remain arbitrarily prosecuted, along with five other members of WOZA (See background information).

Background information:

On June 6, 2007, around 200 WOZA members decided to undertake a peaceful and silent march through Bulawayo to launch their campaign called “Ten steps to a new Zimbabwe”[3], as well as to express their concern that Zimbabwean civil society was excluded from the ongoing dialogue initiated by the Southern African Development Community (SADC) between the Zimbabwe African National Union Patriotic Front (Zanu PF) and the Movement for Democratic Change (MDC) mediated by the Southern African President Mr. Thabo Mbeki. Indeed, WOZA fears that pertinent issues on the social and economic crisis or human rights violations and democracy be given little attention.

It is reported that a group of participants was violently dispersed by the riot police after walking only one block. A second group managed to march two blocks, but was also dispersed by riot police. Ms. Rosemary Sibiza, Ms. Angeline Karuru, Ms. Martha Ncube, Ms. Sangeliso Dhlamini and Ms. Pretty Moyo, five WOZA members who had been badly beaten with baton sticks, were arrested and detained at Bulawayo Central Police Station.

Informed of these facts, another group of around 100 women led by Ms. Jenni Williams went to the police station and offered themselves for arrest. The police officers then assaulted the women, before arresting Ms. Jenni Williams and Ms. Magodonga Mahlangu.

Following the arrest of the WOZA members, Mr. Kossam Ncube, a lawyer and a member of the Zimbabwe Lawyers for Human Rights (ZLHR), went to the police station to represent them. A police officer verbally abused him while asking the reasons of his presence there, and accused him of being “unethical” and “irresponsible”. The policeman then pushed him out.

On June 7, 2007, Mr. Ncube was again denied access to his clients.

On June 8, 2007, Ms. Rosemary Sibiza, Ms. Angeline Karuru, Ms. Martha Ncube, Ms. Sangeliso Dhlamini and Ms. Pretty Moyo were charged under Section 46 of the Criminal Law (Codification and Reform) as read with Section 2(v) of the schedule to the Criminal Code: “employs any means whatsoever which are likely materially to interfere with the ordinary comfort, convenience, peace or quiet of the public or any section of the public, or does any act which is likely to create a nuisance or obstruction”. They were taken to court on the same day but finally did not appear before the magistrate, before being released.

However, Ms. Jenni Williams and Ms. Magodonga Mahlangu, who handed themselves to the police station in solidarity with these five WOZA members, had not yet been fingerprinted nor interrogated. In addition, were are still not allowed to meet their lawyers, while no charges were officially pronounced against them. They might however be taken to court on June 9, 2007.

Actions required:

Please write to the authorities of Zimbabwe urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Ms. Jenni Williams, Ms. Magodonga Mahlangu, Ms. Martha Ncube, Ms. Sangeliso Dhlamini, Ms. Pretty Moyo, Ms. Angeline Karuru and Ms. Rosemary Siziba, Mr. Kossam Ncube as well as of all WOZA, MOZA and ZLHR members;
2. Conduct a fair, impartial and independent investigation into the allegations of ill-treatment above-mentioned, in order to identify all those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;
3. Ensure that Ms. Jenni Williams, Ms. Magodonga Mahlangu, Ms. Martha Ncube, Ms. Sangeliso Dhlamini, Ms. Pretty Moyo, Ms. Angeline Karuru and Ms. Rosemary Siziba, be granted fair and impartial trials so that the charges against them be dropped, as they seem to aim at merely sanctioning their human rights activities;
4. Guarantee that adequate reparation is provided to them, as victims of abuses;
5. Put an end to all acts of harassment against human rights defenders in Zimbabwe;
6. 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”, article 9.3.c., which states that “everyone has the right, individually and in association with others, to offer and provide professionally qualified assistance or other relevant advice and assistance in defending human rights and fundamental freedoms”, 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 the rights referred to in the present Declaration”;
7. 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, June 11, 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.

To contact the Observatory, call the emergency line:
Email : Appeals@fidh-omct.org
Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80
Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29

[1] Section (1a) reads “any person who acts together with one or more other persons present with him or her in any place or at any meeting with the intention or realising that there is a real risk or possibility of forcibly disturbing the peace, security or order of the public or any section of the public”.

[2] Chapter 46, as read with Section 2(v) of the Third Schedule to the Criminal Code, reads “employs any means whatsoever which are likely materially to interfere with the ordinary comfort, convenience, peace or quiet of the public or any section of the public, or does any act which is likely to create a nuisance or obstruction”.

[3] This ten-bullet program aims at a non-violent Zimbabwean society where freedom of speech and assembly prevails. It hopes for a new Constitution according to which elections are conducted with the purpose of having a more inclusive political scene where all political parties, NGO’s, private sector, religious leaders, workers, youth and women are represented. Finally, it intends civil servants, law enforcement individuals and members of the judicial branch to be held accountable through audit inspection units.