Observatory for the Protection of Human Rights Defenders Annual Report 2006 - Zimbabwe

The case of Gabriel Shumba versus the Government of Zimbabwe before the ACHPR¹⁰⁷

The case opposing Mr. Gabriel Shumba, a lawyer working for the Zimbabwe Human Rights Forum, to the Government of Zimbabwe was heard before the African Commission on Human and Peoples' Rights (ACHPR) on December 2, 2005 in Banjul (The Gambia). Mr. Shumba, who had been arrested along with other members of the Movement for Democratic Change (MDC) in January 2003, had been tortured by national security agents while in detention. Although the Harare High Court had dismissed the charges of treason against him due to a lack of evidence in February 2003, Mr. Shumba had been forced into exile and continued to receive threats even after his case was closed.

The case was mentioned in the Resolution on the situation in Zimbabwe that was adopted by ACHPR in December 2005. The Executive Council of the African Union nevertheless refused to endorse this resolution in January 2006.

Although the ACHPR was due to hand down its verdict in Mr. Shumba's case during its 39th ordinary session held in Banjul in May 2006, the head of the ACHPR Secretariat, Mr. Omari Holaki, informed Mr. Shumba that it would be examined during the following session scheduled in Banjul in November 2006. However, the case was not addressed during the ACHPR 40th session.

Closing of the pending investigation against Ms. Netsai Mushonga¹⁰⁸

No further step was taken in 2006 in the pending investigation against Ms. Netsai Mushonga, coordinator of the Women's Coalition, an umbrella group for women rights associations in Zimbabwe.

Ms. Mushonga was arrested on November 8, 2005 for having convened a training worshop in a local hotel. This training, sponsored by the NGO Women Peacemakers International, aimed at familiarising women with non-violent methods in dispute settlement and conflict resolution.

Ms. Mushonga was formally indicted on charges of "organising a political meeting without informing a regulatory authority", i.e. the police, on November 15, 2005.

She was released on the same day and notified that she would be summoned to appear before the court once the police investigation closed.

Arbitrary arrests and judicial proceedings against Mr. Arnold Tsunga and several board members of the VOP radio station¹⁰⁹

On January 18, 2006, two police officers and one soldier raided the Mutare residence of Mr. Arnold Tsunga, then president of the Zimbabwe Human Rights Association (Zimrights), executive director of Zimbabwe Lawyers for Human Rights (ZLHR), and a board member of Voice of the People (VOP), an independent radio station, and laureate of the 2006 Martin Ennals Award for Human Rights Defenders (MEA). When told that Mr. Tsunga was away at the time, they arrested two of his domestic workers.

On January 21, 2006, police officers came to arrest him at his second home in Harare. As Mr. Tsunga was absent again, they arrested a ZLHR driver and another house worker.

On January 24, 2006, Mr. Tsunga and five other VOP trustees, Mr. David Masunda, Mr. Millicent Phiri, Mr. Lawrence Chibwe, Mr. Nhlahla Ngwenya and Ms. Isabella Matambanadzo, were arrested and charged with "broadcasting without a licence" (Article 7 (1) chapter 12:06 and Sections 6 (a) and (b) of the Broadcasting Services Act), an offence liable to two years' imprisonment. Three other VOP journalists, Ms. Maria Nyanyiwa, Ms. Nyasha Bosha and Ms. Kundai Mugwanda, who had been arrested in December 2005 after the police searched the VOP premises, also faced the same charges.

Messrs. Tsunga, Masunda, Phiri, Chibwe, Ngwenya and Ms. Matambanadzo were released on bail on the day of their arrest but were notified that they were to report weekly to the Criminal Investigation Department (CID).

Furthermore, an unknown individual came to ZimRights' office on January 26, 2006, requesting a meeting with Mr. Tsunga, who was not there at the time. The man, who was believed to be linked to the army, claimed that members of the Zimbabwe Military Intelligence Corps (ZIC) had received the order to kill Mr. Tsunga.

In addition, on February 16, 2006, Mr. Gift Phiri, an independent journalist working for the VOP and Voice of America radio stations, was brutally assaulted by five men who reproached him for working for media outlets "hostile to the Government".

The preliminary hearing of the case of the VOP trustees was postponed from February 10 to 28, 2006, when the Rotten Row Magistrate Court of Harare dismissed the defence petition to drop the charges for lack of evidence. The hearing was adjourned until April 26, then June 15, 2006.

On that date, the Court did not accede to the prosecution's request for the presiding magistrate to be replaced, and postponed the hearing. This application was made in the presence of a judicial observation mission mandated jointly by the Observatory and the International Commission of Jurists (ICJ).

On September 25, 2006, the Prosecutor made an application requesting that the charges be brought against VOP as a trust as opposed to individual members of the staff and board. He further requested that the hearing be postponed and the accused be placed on remand until November 7, 2006 to ascertain that VOP was duly registered with the Registrar of Companies at the Deeds Office.

However, the judge held that the grounds invoked in support of the remand were insufficient and struck out all charges against the VOP staff and board members.

As of the end of 2006 however, the entering of charges against the VOP as a legal person remained possible as the judge did not rule on this specific point. Neither did the Court make an order officially permitting VOP to resume broadcasting and no decision was rendered in relation to the return of the station's equipment that was seized during the December 2005 search of the premises.

Continued harassment of WOZA and its members¹¹⁰

– On February 13, 2006, approximately 181 persons, mainly women along with 14 children, were arrested during a peaceful demonstration organised in central Bulawayo by the NGO Women of Zimbabwe Arise (WOZA) to protest against human rights abuses committed in the country. Four WOZA leaders, Ms. Jennifer Williams, Ms. Magodonga Mahlangu, Ms. Emily Mpofu and Ms. Maria Moyo were among the persons arrested.

These 181 persons were charged with "organising an illegal gathering" (Article 24 of the Public Order and Security Act – POSA) and "obstructing public thoroughfare".

Ms. Williams, Ms. Mahlangu, Ms. Mpofu and Ms. Moyo were released on February 14, 2006 after appearing before the court. The other 177 detainees were freed on bail on February 17, 2006, after the Court decided to drop the charges.

– On February 14, 2006, over twenty heavily armed police officers arrested around 250 women in Harare, all WOZA members, while participating in an annual peaceful march protesting against the economic and social inequalities faced by women in Zimbabwe. The women were rounded up and forced into municipal police trucks, before being taken to the police station.

Mr. Tafadzwa Mugabe, a lawyer working for the ZLHR rapid reaction unit, was harassed, insulted and detained with his clients, before being released without charge several hours later.

Sixty-three of the detained WOZA members were later accused of "acting in a manner which is likely to lead to a breach of the peace or to create a nuisance or obstruction" under Article 7(c) chapter 9:15 of the Miscellaneous Offences Act (MOA). They were all released on February 17, 2006.

The case was adjourned on several occasions until August 28, 2006 when the Rotten Row Magistrates Court acquitted all 63 defendants.

– On May 4, 2006, several hundreds of WOZA members gathered peacefully in Bulawayo, demanding education rights for their children and protesting against significant increases in school fees. As they were about to disperse, anti-riot police forces violently arrested 185 persons including 73 children aged 7 to 18, seven mothers with babies, Ms. Williams and Ms. Mahlangu. All were taken to the Bulawayo central police station.

The 73 children were freed a few hours later, whereas the seven mothers and their babies were released on May 5, 2006.

The 105 WOZA activists remaining in detention were initially charged with "acting in a manner which is likely to lead to a breach of the peace" (Article 7(c) of MOA).

They were all released on May 8, 2006 after the court decided to drop the charges.

– On May 16, 2006, Ms. Williams and one of her colleagues were threatened with death by a Bulawayo police official, Mr. Ndlovu.

– Two WOZA members were arrested in Mutare on May 23, 2006, after WOZA held a workshop on social justice conducted by Ms. Jennifer Williams on May 20, 2006.

– Another WOZA member was further arrested in Tshabalala, near Bulawayo, on May 24, 2006, as she had gone to Mahlabezulu school to pay her child's fees. When noticing that she was wearing a WOZA scarf, the school administration called the police. Although the woman could prove that she had not participated in a demonstration held the day before in Bulawayo, she was placed under arrest and her house was searched. When the police found a WOZA tee-shirt in her home, she was questioned forcefully as to the name of the person who had given her the tee-shirt. That woman was also arrested that day. Both WOZA members were detained for several hours and released after signing caution statements.

– On August 21, 2006, over 180 members of WOZA and Men of Zimbabwe Arise (MOZA) were arrested in Bulawayo during a peaceful protest against the new monetary policy of the government (the revaluation by 1,000% of the Zimbabwean dollar, known as "Operation Sunrise" came into force on August 1, 2006) and taken to various police stations across the city.

Thirteen women with babies, as well as 26 children, were released after a few hours but were required to report to the police station the next day.

All the persons detained were freed on August 23, 2006 and 152 of them were accused of "participating in a public gathering with the intent to cause public disorder, breach of peace or bigotry" under Article 37-1(b) of the Criminal Code (Codification and Reform) Act 2006. The hearing was scheduled for October 10, then November 7, 2006. On that date, the Bulawayo Magistrates Court dismissed the charges against all 152 defendants.

– About thirty WOZA members were arrested in Harare on September 11, 2006 as they were about to hold a peaceful rally to protest against the poor quality of public services. A few hours later, another 80 activists who had decided to maintain the demonstration in spite of their colleagues' arrests were also taken into custody.

A total of 107 persons were detained until September 14, 2006 and were accused of "participating in a public gathering with the intent to cause public disorder, breach of peace or bigotry" (Article 37-1(b) of the Criminal Code (Codification and Reform) Act 2006).

All charges were dropped by the Rotten Row Magistrate Court on October 23, 2006.

– Ms. Mahlangu, Ms. Mpofu, Ms. Siphiwe Maseko and Ms. Patricia Khanye, all four prominent WOZA members, appeared before the Western Commonage Magistrate Court of Bulawayo on October 3, 2006 in relation to facts dating back to June 16, 2004. All four were accused under Article 24 of POSA of "participating in an unlawful gathering" and were discharged by the Court.

Likewise, nine other WOZA activists, namely Ms. Williams, Ms. Mahlangu, Ms. Memory Mushore, Ms. Anna Moyo, Ms. Erika Sithole, Ms. Edith Mbofana, Ms. Anna Dube, Ms. Emma Sibanda and Ms. Selina Ncube, were acquitted by the Tredgold Magistrate Court in Bulawayo on October 4, 2006 for charges dating back to June 19, 2006. All nine had then been arrested following a demonstration protesting against the deterioration of the Zimbabwean economy and celebrating the international refugee day. They were accused of "acting in a manner which is likely to lead to a breach of the peace or to create a nuisance or obstruction" (Article 7(c) of MOA).

– On November 29, 2006, over sixty WOZA members and four MOZA members were arrested while marching peacefully through central Bulawayo to mark the launching of the "16 Days of Activism Against Gender Violence", an international campaign running until International Human Rights Day on December 10, 2006, as well as the first edition of the International Women Human Rights Defenders' Day. Demonstrators were also protesting against POSA.

About 30 anti-riot police officers began to assault the group with bludgeons and forcefully dispersed the 200 participants. Several persons were severely beaten, including a young baby. Six WOZA members had to be taken to Mpilo Hospital for medical attention, including one woman who sustained an open fracture to her leg.

Forty persons were then taken to Bulawayo former central police station (Drill Hall), where they were beaten and intimidated by police officers before being released without charge on the same day. At the same time, thirty-six WOZA members and four MOZA activists, including six mothers with babies, were detained at the central police station. Ms. Sheba Dube, a lawyer for WOZA, was then threatened with arrest for "interfering with the course of justice" while trying to attend her clients. She was finally able to access the detainees on the following day.

The six mothers with babies were released on November 30, 2006 but told to report to the police the next day.

All these forty people were charged under Articles 37 ("participating in a public gathering with the intent to cause public disorder, breach of peace or bigotry") and 46 ("public nuisance or obstruction") of the Criminal Code (Codification and Reform) Act, which carry sentences of up to six-month imprisonment and a fine.

They were all freed on December 4, 2006.

As of the end of 2006 however, charges remained pending and no date had been set for a preliminary hearing.

Ongoing harassment of NCA members¹¹¹

Again in 2006, hundreds of members of the National Constitutional Assembly (NCA) were arrested while peacefully demonstrating in favour of a revision of the Constitution.

On February 21, 2006 for instance, Harare police forces arrested 43 NCA members during a peaceful march urging for constitutional reforms organised on the occasion of the birthday of the President of the Republic. All these persons were released after a few hours in custody.

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[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

6. NCA members were again arrested on February 23, 2006 while peacefully marching towards the Parliament House. They were all charged with "breach of the peace" under Article 7 of the MOA and released after they paid a 250,000 ZWD (2 euros) bail each.

During another peaceful demonstration on April 7, 2006, police forces arrested 51 NCA members who were charged with "breach of the peace" and "participating in an illegal gathering" under Article 19 (1) of POSA.

On July 12, 2006, 128 NCA members including four women with babies were arrested in Harare and detained at the central police station. They were accused of "obstructing public thoroughfare" (Article 46 chapter 9:23 of the Criminal Code), a charge punishable by up to six months' imprisonment and/or a fine, before being released on July 15, 2006.

Likewise, on July 13, 2006, Messrs. Future Matondo, Alinmah T. Munafireyi Rajabo, Tapuwa Mundangepfupfu, Shelter Zimunhu, Albert Mhetu, Louis Chizaka and Stewart Muzhambi, as well as Ms. Florence Bundo, Ms. Shelly Saburi and Ms. Ruth Katsande, all NCA members, were taken to custody after holding a public gathering calling for constitutional reforms. They were all charged with participating in a demonstration "likely to cause a breach of the peace" under Article 37 chapter 9:23 of the Criminal Code. All ten were freed on payment of 500,000 ZWD bail each.

Another 146 NCA members were arrested on September 20, 2006 during a peaceful rally condemning police violence against several leaders of the Zimbabwe Congress of Trade Unions (ZCTU) and calling for the adoption of a new Constitution. Twenty-seven participants had to be hospitalised following the brutal dispersion of the demonstration by the police forces.

In addition, Mr. Lovemore Madhuku, NCA chairman, was arbitrarily arrested on October 31, 2006 while taking part in a peaceful gathering organised by NCA in Harare which was forcibly dispersed by the police. He was released without charge on November 2, 2006.

Lastly, Mr. Madhuku's home was targeted by an arson attack on January 1, 2007. Unidentified assailants reportedly sprinkled gasoline on the house doors and window ledges before setting it on fire whilst Mr. Madhuku, his wife, their three children and five family members were sleeping inside. They all managed to escape unhurt through a window that had cracked open due to the heat.

Mr. Madhuku filed a complaint with the Waterfalls police station. An investigation was subsequently opened.

Ongoing harassment of ZCTU and its members

Arbitrary arrest and judicial proceedings against Mr. Wellington Chibebe¹¹²

On August 15, 2006, Mr. Wellington Chibebe, secretary general of the Zimbabwe Congress of Trade Unions (ZCTU), was arrested at a roadblock while on his way back from Masvingo with his family. The police demanded to search his car.

Mr. Chibebe was detained at the Waterfalls police station before being accused of "failure to cooperate with a police officer", a charge that was later changed to "common assault against a police officer" in contravention of Article 176 of the Criminal Code (Codification and Reform) Act, which provides for up to ten years' imprisonment and/or a fine of up to 100,000 ZWD.

Mr. Wellington Chibebe appeared before the Mbare Magistrates Court on August 17, 2006 and was subsequently release on payment of 2,000 ZWD bail. The hearing was later repeatedly postponed.

Proceedings remained pending as of the end of 2006.

Arbitrary arrest, ill-treatment and judicial proceedings against several ZCTU leaders¹¹³

On September 12 and 13, 2006, ZCTU organised nationwide peaceful demonstrations calling for decent wages, government action on the country's dramatic inflation rate, tax reductions and better access to anti-viral medication.

On this occasion, the majority of the unionists who took part in the demonstrations were intimidated by militias loyal to the ruling Zimbabwe African National Union Patriotic Front (ZANU-PF) and brutally repressed by the police. Hundreds of unionists were briefly arrested and questioned and the ZCTU branch offices in several cities were surrounded and some even sealed off as in Masvingo and Mutare. Acute police violence against demonstrators was reported in at least 16 towns including: Harare, Chitungwiza, Plumtree, Gwanda, Hwange, Bulawayo, Beitbridge, Masvingo, Mutare, Chinhoyi, Kariba, Gweru, Shurugwi, Gokwe, Kwekwe and Chegutu.

In Harare, about fifteen ZCTU leaders including Mr. Lovemore Matombo, ZCTU president, Ms. Lucia Matibenga, first vice-president, and Mr. Chibebe were arrested on September 13, 2006. All were detained at the Matapi police station, in the Harare Mbare district, where they were violently beaten. Mr. Chibebe sustained several cuts to his skull, as well as three fractures and serious haematomas all over his body. Mr. Matombo suffered a broken arm and numerous bruises. Ms. Matibenga, who had whip marks all over her back and a swollen neck, suffers from impaired hearing as her ear drums were damaged by the beating she received. While detained in poor conditions, the ZCTU leaders were denied access to a doctor – in particular to a doctor from the organisation Doctors for Human Rights – or a lawyer.

Mr. Matombo, Mr. Chibebe and Ms. Matibenga were transferred on September 14, 2006 to the Harare central police station where several police officials ordered that reports be provided in relation to the assaults on them. The Matapi police denied having committed any acts of violence. The union leaders' lawyer petitioned the High Court of Harare to require the police to grant them access to a doctor. Later that day, Mr. Chibebe, Mr. Matombo and Ms. Matibenga were taken back to Matapi police station.

On September 15, 2006, Mr. Matombo and Ms. Matibenga appeared before the Harare Court. Mr. Chibebe was unable to attend the hearing due to his injuries. All three, along with 28 other ZCTU leaders, were charged under Article 37 of the Criminal Code (Codification and Reform) Act 2006 ("disturbing the peace and order") and subsequently released on payment of a 20,000 ZWD (62,50 euros) bail each.

The trial was then postponed until October 3, 2006, when the Court ordered the Criminal Investigation Department (CID) to open an inquiry into the violence inflicted on a dozen ZCTU leaders and adjourned the hearing until October 17, 2006.

On October 5, 2006, the government dismissed the reports of violence and Mr. Reuben Marumahoko, Home Affairs Deputy Minister, declared before the Parliament that "the demonstrators were injured while trying to resist arrest by jumping from moving police vehicles".

On October 17, 2006, the trial of the 31 ZCTU leaders was postponed until October 30, and subsequently to December 4, 2006. On that date, the Harare Court ruled that the petition initiated by ZCTU to challenge the constitutionality of the Criminal Code (Codification and Reform) Act 2006 was admissible. This petition was subsequently transferred to the Supreme Court, which was due to hand down a ruling on the matter in early 2007. The hearing was adjourned until March 26, 2007 pending the Supreme Court's decision.

Finally, on November 29, 2006, Mr. Chibebe and 14 other ZCTU leaders lodged a further complaint against the Minister of Home Affairs, Mr. Kembo Mohadi, police commissioner Augustine Chihuri and other police officers for their involvement in "acts of torture".

Proceedings remained pending as of the end of 2006.

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[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

107. See Annual Report 2005.

108. Idem.

109. See Urgent Appeals ZWE 001/0106/OBS 011 and 011.1 and Joint Press Releases with ICJ, June 15 and September 29, 2006.

110. See Annual Report 2005 and Urgent Appeals ZWE 002/0206/OBS 015, 015.1, 015.2 and 015.3.

111. See Annual Report 2005 and OMCT Urgent Appeal ZWE 280706.

112. See Urgent Appeal ZWE 003/0806/OBS 098.

113. See Urgent Appeal ZWE 003/0806/OBS 098.1.