Zimbabwe: Death threats against Mr. Arnold Tsunga

ZWE 001 / 0106 / OBS 011

Death threats / Arbitrary arrest / Judicial proceedings / Harassment
Zimbabwe
January 27, 2006

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT) requests your urgent intervention in the following situation in Zimbabwe.

Brief description of the situation :

The Observatory has been informed by the Zimbabwe Human Rights Association (Zimrights) as well as by Zimbabwe Lawyers for Human Rights (ZLHR) about serious acts of harassment and risks for the physical and psychological integrity of Mr. Arnold Tsunga, Chairman of the organisation, ZLHR Executive Director, and a trustee of the radio station Voice of the People (VOP), which produces independent programmes on political issues.

According to the information received, on January 21, 2006, two police officers and one soldier raided in the early hours of the morning Mr. Tsunga’s home, in Mutare. The men requested that Mr. Tsunga’s workers, a female maid and Mr. Charles Nyamufukudza, caretaker, accompany them to the police station. Mr. Tsunga and his family were not at home at the time of the visit.

In addition, on January 17, 2006, an article, published in The Herald, and wrote by one Mr. Ceasar Zvayi, entitled “Pseudo Human Rights activism exposed”, had attacked the work of human rights lawyers and mentioned specific lawyers and law firms.

Besides, on January 24, 2006, Mr. Tsunga, along with five other VOP trustees, Mrs. David Masunda, Mr. Millicent Phiri, Mr. Lawrence Chibwe, Mr. Nhlahla Ngwenya and Mrs. Isabella Matambanadzo, were arrested and charged with « broadcasting without a license » (section 7.1 of the Broadcasting Services Act), punishable of a two-year prison sentence. On that day, these six persons were released on bail, but five of them, including Mr. Tsunga, have to report weekly before the Criminal Investigation Department (CID) Law and Order. The hearing was postponed to February 10, 2006.

Furthermore, on January 26, 2006, an unknown man came to Zimrights’ office, asking to talk with Mr. Tsunga. As Mr. Tsunga was absent, this man, who seemed to be linked with the Army, explained that he had been visited twice by some members of the Zimbabwe Military Intelligence Corps (ZIC), who told him that they had received orders from the government to hunt Mr. Tsunga down, and to kill him.

The Observatory expresses its deepest concern regarding this information, and seriously fears for Mr. Tsunga’s physical and psychological integrity. In this regard, the Observatory recalls the article 12.2 of the Declaration on Human Rights Defenders, adopted by the United Nations General Assembly on December 9, 1998, which states 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”.

More generally, the Observatory reiterates its concern about the situation of human rights defenders in Zimbabwe, who face serious risks to their security as well as infringements of their freedoms of expression and association.

Action requested :

Please write to the Zimbabwean authorities, urging them to :
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Arnold Tsunga, and of all human rights defenders in Zimbabwe;

ii. Ensure that Mr. Arnold Tsunga, Mrs. David Masunda, Mr. Millicent Phiri, Mr. Lawrence Chibwe, Mr. Nhlahla Ngwenya and Mrs. Isabella Matambanadzo be granted a fair and impartial trial so that all charges against them be dropped, as they are arbitrary;

iii. Put an end to all acts of harassment against Mr. Arnold Tsunga, all human rights defenders in Zimbabwe, as well as Mrs. David Masunda, Mr. Millicent Phiri, Mr. Lawrence Chibwe, Mr. Nhlahla Ngwenya and Mrs. Isabella Matambanadzo;

iv. Conform with the provisions of the Declaration on Human Rights Defenders, in particular 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”, and article 12(2) above-mentioned;

v. 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
  
  
• 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

Please also write to the embassies of Zimbabwe in your respective country.

***
Geneva - Paris, January 27, 2006

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 and fax FIDH: 33 1 43 55 55 05 / 01 43 55 18 80
Tel and fax OMCT: + 41 (0) 22 809 49 39 / 41 22 809 49 29