Two human rights defenders acquitted

On November 22, 2013, the Harare Magistrate Elijah Makomo acquitted Mr. AbelChikomo of charges of “managingand controlling the operations of an illegal Private Voluntary Organisation(PVO)”, under Section 6(3) as read with Subsection 1 of the PVO Act(Chapter 17:15). Mr. AbelChikomo had been chargedsince March 30, 2011, after the Forum conducted a Transitional Justice NationalSurvey in Harare.

“The acquittal ofMr. Abel Chikomo is to be welcomed. Yet, we must notforget that it comes after more than two years of an unfair judicial processand that it arises in a context of trivialisation of judicial harassmentagainst human rights defenders in Zimbabwe. Time has come for the authoritiesto engage into a genuine political dialogue and cooperation with civil societyorganisations, which have a key role to play in the strengthening of the ruleof law, democracy and justice in Zimbabwe” said Karim Lahidji, President ofthe International Federation for Human Rights (FIDH).

In addition, on November 26, 2013, Harare Magistrate Rumbidzai Mugwagwafinally acquitted Ms. Beatrice Mtetwa of charges of “obstructing thecourse of justice” under the Criminal Law (Codification and Reform) Act,Section 184(1)(g). The charges had been brought against her after shereportedly rebuked the Zimbabwe Republic Police (ZRP) officers who searched -without a search warrant - the house of her client, Mr. Thabani Mpofu, Legaladviser of Zimbabwean Prime Minister Morgan Tsvangirai, in March 2013. Ms.Mtetwa had been arrested on March 17, and had remained in police custody untilshe was granted bail on March 25.

“It is somehowencouraging that judges show their independence and resilience against anobvious political abuse of the legal system by the authorities”, notedGerald Staberock, Secretary General of the World Organisation Against Torture(OMCT), in a comment on the two acquittals. “Even more important is, however, to end the practice of prosecutingdefenders on frivolous grounds with charges hanging over them for years as aDamocles swart. This chill tactic has to stop”, he added.

On November 26, Magistrate Mugwagwa found that Ms. Mtetwa had donenothing to interfere with police investigations, and blamed the police forhaving produced contradictory testimonies in the proceedings against Ms.Mtetwa.

In the case of Mr.Abel Chikomo, the prosecution had claimed that he had unlawfully mandated twoemployees of the Forum to conduct the Transitional Justice survey in Harare inviolation of the PVO Act, on the grounds that the Forum was not formallyregistered. The latter was however acquitted after his defence argued that theForum did not fall under the obligation to register under the PVO Act as it isan association and Common Law Universitas of 20 member organisations and assection 2 of the PVO Act exempts from registration “any body or associationof persons, corporate or unincorporated, the benefits from which areexclusively for its own members”. Besides the defence's arguments, two ofthe prosecution witnesses - Mr. Constable Chengetai Mugidwa and Mr. SydneyMhishi - absolved Mr. Chikomo from any infringement of the PVO Act. Mr.Mugidwa, a police constable who arrested the two Forum's employees, indicatedthat he was not an investigating officer and that he was not familiar with thePVO Act. Mr. Sydney Mhisi, Director of the Ministry of Public Service, Labourand Social Welfare further declared that he had been asked by the police toprepare affidavits on the registration status of the Forum, without havinginteracted with Mr. Chikomo nor having seen the Forum's Constitution.

Beyond procedural irregularities, the judicial harassment against Ms.Beatrice Mtetwa and Mr. Abel Chikomo has illustrated the failures of the policesystem in Zimbabwe. The evidence gathered by the Observatory for the past fewyears suggests that police and security agents are often responsible for thearbitrary arrest, abduction, harassment or intimidation of human rightsdefenders, despite their duty to carry out their mandate in an impartial andprofessional way. In the light of the acquittal of Ms. Beatrice Mtetwa and Mr.Abel Chikomo, the Observatory reiterates its call to Zimbabwean authorities toensure that police and security agents maintain law and order in adepoliticised way and that they are held accountable in case of human rightsviolations. More generally, Zimbabwe must ensure that the rights of humanrights defenders as enshrined in the Constitution, the United NationsDeclaration on Human Rights Defenders or the African Charter on Human andPeoples' Rights are fully protected.

For more information,please contact:

· FIDH: Audrey Couprie:+33 (0) 1 43 55 25 18

· OMCT: Delphine Reculeau:+41 (0) 22 809 49 39