ZWE 001 / 0119 / OBS 006
Arbitrary detention /
Judicial harassment
Zimbabwe
January 18, 2019
The Observatory for the Protection of
Human Rights Defenders, a partnership of FIDH and the World Organisation
Against Torture (OMCT), requests your intervention in the following situation
in Zimbabwe.
Description
of the situation:
The Observatory has been
informed by reliable sources about the arbitrary arrest and ongoing judicial
harassment of Pastor Evan Mawarire, prominent anti-corruption
activist who led 2016’s #ThisFlag[1] protests which encouraged
Zimbabweans to denounce the corruption and economic crisis which prevailed
under the regime of Robert Mugabe.
According to the
information received, on January 17, 2019, Mr. Evan Mawarire appeared before
the Harare Court and was charged with “subverting a constitutional government”
(section 22 of the Criminal Law Act). If convicted, he faces up to 20 years in
jail.
The charges are linked to
the nationwide anti-government protests that were triggered by President
Emmerson Mnangagwa’s announcement that the fuel price would more than double as
the country’s economic crisis is deepening. Mr. Mawarire went public on Facebook
and Twitter before and during the strikes, calling for Zimbabweans to
support peacefully a stay-at-home strike called by the Zimbabwe Congress of
Trade Unions (ZCTU).
On January 16, 2019, police
officers surrounded Mr. Mawarire’s home in Harare and took him in a police
truck two hours later. The Police initially arrested Mr. Mawarire over the
crime of “inciting public violence”.
Mr. Mawarire’s first
hearing was scheduled in the morning of January 17, 2019 but the decision to
upgrade his charges delayed his appearance before the Court.
The Observatory recalls that
the anti-government protests over the fuel price were severely repressed by
security forces: several persons were shot dead (at least eight as of the
publication of this appeal) or wounded during the crackdown on protesters;
around 200 people were arbitrarily detained, and the Government also blocked
the access to Internet and social media.
The Observatory also recalls that this is not the first time Mr. Mawarire faces
arbitrary detention and judicial harassment. Mr. Mawarire was arrested and
released in July 2016, arrested again in September 2016, February, June and
September 2017. On November 29, 2017, Harare High Court dropped all pending
charges of “subverting a constitutional government” against Pastor Mawarire.
Those charges were levelled against him in February 2017, for leading
demonstrations against President Mugabe and demanding an end to corruption and
the economic crisis.[2]
The Observatory condemns
the arbitrary detention and judicial harassment of Mr. Evan Mawarire as they
seem only aimed at punishing him for his legitimate human rights
activities and urges Zimbabwean authorities to immediately and unconditionally
release him.
Actions requested:
Please write to the
authorities of Zimbabwe asking them to:
i. Guarantee in
all circumstances the physical and psychological integrity of Mr. Evan
Mawarire and all human rights defenders in Zimbabwe;
ii. Immediately and
unconditionally release Mr. Evan Mawarire and all human rights defenders
arbitrarily detained in the country;
iii. Put an end to all acts
of harassment, including at the judicial level, against Mr. Evan Mawarire and
all human rights
defenders in Zimbabwe, and ensure that they are able to carry out their
activities without hindrance;
iv. Conform to the
provisions of the UN Declaration on Human Rights Defenders, adopted by the
General Assembly of the United Nations on December 9, 1998, especially Articles
1 and 12; and
v. Ensure in all
circumstances the respect for human rights and fundamental freedoms in
accordance with the Universal Declaration of Human Rights and the international
human rights instruments ratified by Zimbabwe.
Addresses:
·
President of Zimbabwe, Emmerson Mnangagwa; Fax:
+263 4 708 211 / + 263.4.70.38.58 @edmnangagwa
·
Mr. Cain Mathema, Minister of Home Affairs, thesecretary@moha.gov.zw, Phone: +263 2 42 70 36 41/43, Fax: +263 2 42 70 72 31
·
Mr. Sibusiso Moyo, Minister of Foreign
Affairs, mfa@zimfa.gov.zw, Phone: +263 47 94 68 16
·
Mr. Ziyambi Ziyambi, Minister of Justice, Legal
and Parliamentary Affairs, Phone: +263 2 42 77 46 20/7, Fax: +263 2 42 77 29 99
·
Mr. Prince Machaya, Attorney-General,
Office of the Attorney; Fax: + 263 4 77 32 47;
·
Ambassador Mr. Taonga Mushayavanhu, Permanent
Mission of Zimbabwe to the United Nations in Geneva; Fax: + 41 22 758 30 44;
Email: mission.zimbabwe@ties.itu.int
·
Embassy of Zimbabwe in Brussels; Fax: + 32 2
762 96 05 / + 32 2 775 65 10, Email: zimbrussels@skynet.be
Please also write to the diplomatic missions or
embassies of Zimbabwe in your respective country.
***
Paris-Geneva, January 18, 2019
Kindly inform us of any action undertaken
quoting the code of this appeal in your reply.
The Observatory for the Protection of Human
Rights Defenders (the Observatory) was created in 1997 by FIDH and the World
Organisation Against Torture (OMCT). The objective of this programme is to
intervene to prevent or remedy situations of repression against human rights
defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders
Mechanism implemented by international civil society.
To contact the Observatory, call the emergency
line:
·
E-mail: Appeals@fidh-omct.org
·
Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43
55 18 80
·
Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29
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