Zimbabwe
28.07.06
Urgent Interventions
Zimbabwe: Arrests and judicial proceedings of NCA members
Case ZWE 280706
Arbitrary arrest / Releases / Judicial proceedings / Ill treatment
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Zimbabwe.
The International Secretariat of OMCT has been informed by a reliable source about the arbitrary arrest and subsequent judicial proceedings of several members of the National Constitutional Assembly (NCA), a grouping of independent NGOs, dedicated to the promotion of democracy and the rule of law in Zimbabwe.
According to the information received, on 13 July 2006, Mr. Future Matondo, Mr. Alinmah T. Munafireyi Rajabo, Ms. Florence Bundo, Mr. Tapuwa Mundangepfupfu, Mr. Shelter Zimunhu, Mr. Albert Mhetu, Mr. Louis Chizaka, Ms. Shelly Saburi, Mr. Stewart Muzhambi and Ms. Ruth Katsande, 10 members of the National Constitutional Assembly (NCA), were arrested in Mutare, while protesting in favour of a constitutional reform. The activists were the charged under Section 37 of the Criminal Law Act Chapter 9:23, which criminalises a demonstration that poses a realised risk to public disorder. They were all released on bail for an amount of ZW$ 500 000 each. The hearing is scheduled on 31 July 2006.
Moreover, on 12 July 2006, 128 NCA members, including four women with infants, were arrested in Harare and detained at the Harare Central police station. They were charged under Section 46 of the Criminal Law Act (9:23) as read with paragraph 2(a) of the Third Schedule to that Act, which is reminiscent of the Miscellaneous Offences Act (MOA) and relates to obstruction of streets and traffic. Section 46 itself states that “any person who does any act specified in the 3rd Schedule shall be guilty of nuisance and liable to a fine or a fine together with six months imprisonment”. One of the activists, Ms. Evidence John, collapsed due to hunger and inhabitable conditions of detention at the Harare Central Police Station cells and was further denied access to medical treatment, unimpeded access to legal representation and food. On 15 July 2006, all NCA members were released on free bail.
The 128 NCA activists were supposed to appear at the Rotten Row Magistrates Court on 20 July 2006, but the hearing was postponed to 4 August 2006, because a public prosecutor who served at the Magistrates Court died.
1. Guarantee the physical and psychological integrity of Mr. Future Matondo, Mr. Alinmah T. Munafireyi Rajabo, Ms. Florence Bundo, Mr. Tapuwa Mundangepfupfu, Mr. Shelter Zimunhu, Mr. Albert Mhetu, Mr. Louis Chizaka, Ms. Shelly Saburi, Mr. Stewart Muzhambi, Ms. Ruth Katsande and Ms. Evidence John and the other 128 NCA members;
2. Ensure that, in case of valid legal charges, they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times;
3. Order a thorough and impartial investigation into all these events, in order to identify all those responsible, bring them to trial and apply the civil, penal and/or administrative sanctions as provided by law;
4. Guarantee that adequate compensation is awarded to all above-mentioned persons;
5. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Please also write to the embassies of Zimbabwe in your respective country.
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Geneva, 28 July 2006
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest / Releases / Judicial proceedings / Ill treatment
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Zimbabwe.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source about the arbitrary arrest and subsequent judicial proceedings of several members of the National Constitutional Assembly (NCA), a grouping of independent NGOs, dedicated to the promotion of democracy and the rule of law in Zimbabwe.
According to the information received, on 13 July 2006, Mr. Future Matondo, Mr. Alinmah T. Munafireyi Rajabo, Ms. Florence Bundo, Mr. Tapuwa Mundangepfupfu, Mr. Shelter Zimunhu, Mr. Albert Mhetu, Mr. Louis Chizaka, Ms. Shelly Saburi, Mr. Stewart Muzhambi and Ms. Ruth Katsande, 10 members of the National Constitutional Assembly (NCA), were arrested in Mutare, while protesting in favour of a constitutional reform. The activists were the charged under Section 37 of the Criminal Law Act Chapter 9:23, which criminalises a demonstration that poses a realised risk to public disorder. They were all released on bail for an amount of ZW$ 500 000 each. The hearing is scheduled on 31 July 2006.
Moreover, on 12 July 2006, 128 NCA members, including four women with infants, were arrested in Harare and detained at the Harare Central police station. They were charged under Section 46 of the Criminal Law Act (9:23) as read with paragraph 2(a) of the Third Schedule to that Act, which is reminiscent of the Miscellaneous Offences Act (MOA) and relates to obstruction of streets and traffic. Section 46 itself states that “any person who does any act specified in the 3rd Schedule shall be guilty of nuisance and liable to a fine or a fine together with six months imprisonment”. One of the activists, Ms. Evidence John, collapsed due to hunger and inhabitable conditions of detention at the Harare Central Police Station cells and was further denied access to medical treatment, unimpeded access to legal representation and food. On 15 July 2006, all NCA members were released on free bail.
The 128 NCA activists were supposed to appear at the Rotten Row Magistrates Court on 20 July 2006, but the hearing was postponed to 4 August 2006, because a public prosecutor who served at the Magistrates Court died.
Action Requested
Please write to the authorities in Zimbabwe urging them to:1. Guarantee the physical and psychological integrity of Mr. Future Matondo, Mr. Alinmah T. Munafireyi Rajabo, Ms. Florence Bundo, Mr. Tapuwa Mundangepfupfu, Mr. Shelter Zimunhu, Mr. Albert Mhetu, Mr. Louis Chizaka, Ms. Shelly Saburi, Mr. Stewart Muzhambi, Ms. Ruth Katsande and Ms. Evidence John and the other 128 NCA members;
2. Ensure that, in case of valid legal charges, they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times;
3. Order a thorough and impartial investigation into all these events, in order to identify all those responsible, bring them to trial and apply the civil, penal and/or administrative sanctions as provided by law;
4. Guarantee that adequate compensation is awarded to all above-mentioned persons;
5. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
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
- The Hon Patrick Chinamasa, Minister of Justice, Legal and Parliamentary Affairs, Ministry of Justice, Legal and Parliamentary Affairs, 5th Floor Corner House, Private Bag 7751, Causeway, Harare, Zimbabwe, Fax:+ 263 4 790901/772999
- Sobusa Gula Ndebele, Attorney-General, Office of the Attorney-General, PO Box 7714, Causeway, Harare, Zimbabwe, Tel : +263 4 774586, Fax: +263 4 773247
- Police Commissioner, Mr. Augustine Chihuri, Police Headquarters, P.O Box 8807, Causeway, Harare, Zimbabwe, Fax: + 263 4 726 084 / 235 212 / 728 768
- Mr. Augustine Chihuri, Police Prefect, Police Headquarters, P.O. Box 8807, Causeway, Harare, Zimbabwe, Fax: +263 4 253 212
- 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
Please also write to the embassies of Zimbabwe in your respective country.
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Geneva, 28 July 2006
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.