Incommunicado detentions, lack of respect FOR PRE-TRIAL RIGHTS AND COURT ORDERS must cease forthwith!

Zimbabwe Lawyers for Human Rights (ZLHR) is greatly saddened by the deplorable and contemptuous conduct of identified members of the Zimbabwe Republic Police (ZRP) who are responsible for the arbitrary arrest and continued incommunicado detention of Fidelis Chiramba and eleven (11) other members of the Movement for Democratic Change (MDC). This unlawful conduct makes a mockery of Article 11.1 of the September 2008 “Global Political Agreement” signed by the political parties urging everyone – including the police – to respect the rule of law and fundamental human rights.

Between 30 October and 1 November 2008 members of the ZRP selectively and arbitrarily arrested Fidelis Chiramba, Concilia Chinanzvavana, Pieta Kaseke and her two-year-old daughter, and nine other MDC supporters and activists in Mashonaland West. When lawyers attempted to access their clients, they were willfully denied access as the police shuttled the detained persons from one police station to another around Harare.

An Urgent Chamber Application, reference Fidelis Chiramba and 11 Others vs. The Minister of Home Affairs and Others HC 6420/08 was filed in the High Court to secure access by the detainees to their lawyers, and/or the release of the individuals who had been incarcerated for periods surpassing the statutory 48-hour limitation. The application also sought to ensure that the named police officers produce the accused persons at the High Court in Harare by 12:00hrs on 5 November 2008. The application was regrettably postponed to 11 November 2008 as the police who were present for the hearing – namely Superintendent Nyabasa and Superintendent Nzombe – grossly misrepresented to the court that the police were not responsible for the arrest of the victims.

This conduct, which wasted the court’s time, resulted in an unwarranted and dangerously life-threatening delay as the lawyers had to bring further evidence from the records at Mabelreign and Avondale police stations showing the dates and times at which some of the individuals were booked in and out by senior ZRP officers such as Chief Superintendent Makedenge and Detective Chief Inspector Paradza.

On 11 November 2008 the High Court ruled that the detention of the 12 individuals was unlawful and ordered that they should be immediately produced at a Magistrates’ Court by 16:00hours on 11 November 2008. To this time, the order remains contemptuously defied by the police, all of whom are aware of the existence of the order and its contents.

For the absence of any doubt whatsoever as to who bears official and personal liability for the physical and psychological safety, security and integrity of the 12 detainees, it is reiterated here that the order is known and has been communicated (through service of the order) to at least the following, who were named Respondents or who accepted service on behalf of the Respondents:-

· Minister of Home Affairs (Kembo Mohadi)
· Commissioner General of Police (Augustine Chihuri)
· Deputy Commanding CID Homicide (Superintendent Nzombe)

ZLHR notes with grave concern that the conduct of the police blatantly and criminally disregards Zimbabwe’s criminal procedural law, constitutional obligations and the fundamental rights of the 12 detainees, as articulated in the Constitution of Zimbabwe as well as international and regional instruments which Zimbabwe has ratified.

The right to be represented by a lawyer of one’s choice, to appear in court within a reasonable time and the right to liberty of individuals – especially a two-year-old child who has no capacity to commit any criminal offence – exist as protective mechanisms for the safety and integrity of accused persons, and to ensure that the rule of law is adhered to. Where these rights are violated, questions must be asked and grave concern must be expressed about the reasons for such defiance, as there is now a reasonable perception that these persons may have been tortured to extract false confessions of alleged crimes, and are being hidden from the court and the public eye in an effort to reduce the visible signs of such torture before they are brought before the court.

Any person who willfully and knowingly defies or disregards such rights and engages in secretive and unlawful conduct on behalf of the state and/or its agents must be held criminally accountable.

ZLHR further wishes to once again express its extreme apprehension about the total disrespect for the rule of law through defiance of courts orders with impunity by senior ZRP officers. Moreover, defiance of court orders undermines the judicial system in Zimbabwe, and its independence. All court orders must be complied with timeously to ensure that the rule of law prevails in Zimbabwe. Where there is defiance, offending individuals must be swiftly and vehemently punished as an example to others who decide to engage in similar criminal conduct in the belief that they will escape the long arm of the law.

ZLHR once again urges the police to respect, promote and protect human rights at all times. To rid the country of impunity, ZLHR reiterates that police officers named and identified in all these instances must be brought to account before the courts of law in their individual capacities.

Legal representation is a right, not a privilege; the police must ensure that this right is enjoyed at all material times by any accused person. The police are reminded of the court order, and should immediately release these individuals who continue to be held unlawfully in their custody incommunicado in contempt of the High Court order.

Zimbabwe Lawyers for Human Rights (ZLHR) Press Release

This entry was posted by Sokwanele on Thursday, November 20th, 2008 at 11:09 am. You can follow any comments on this entry through the RSS 2.0 feed. Both comments and pings are currently closed.