Whereas the NGO Human Rights Foum report we posted on earlier today was a long retrospective report, looking back to the early years after independence and up to the present, this report is looking exclusively at the reign of terror that theMugabe regime has directed towards pro-democracy and human rights forces during only the past 3 months.
It was prepared by Zimbabwe Lawyers for Human Rights (ZLHR) and Zimbabwe Doctors for Human RIghts (ZDHR) and presented last month to the African Commission for Human and People's Rights.
Have not seen this on the web anywhere and so am appending the whole report (12 pages); apologies for the length but it is a report of critical importance.
A BRIEF REPORT OF HUMAN RIGHTS VIOLATIONS IN ZIMBABWE SINCE MARCH 11 2007
Introduction
This report is submitted to the African Commission on Human and Peoples’ Rights in accordance with the Commission’s mandate to promote and protect human and peoples’ rights in Africa
. In fulfilling this function the Commission can work together with African institutions concerned involved in the promotion and protection of human and peoples’ rights
. Zimbabwe Lawyers for Human Rights (ZLHR) and Zimbabwe Association for Doctors for Human Rights (ZADHR) are African non governmental organisations working towards the promotion and protection of human rights in Zimbabwe.
Presidential and Parliamentarian elections will be conducted in Zimbabwe in March 2008, at this point in time it is trite that all political parties have an equal playing field to broadcast their manifestos before their potential voters. The right to free assembly, incorporating processions is the cornerstone of any democratic state. Rallies, gatherings and public meetings are some of the various ways in which the right to freedom of assembly can be exercised. Democratic participation means taking part in the public life of the community or society. It is difficult to participate democratically in instances where individuals are prohibited from meeting and debating burning political issues as a party.
It is virtually impossible for the public to make informed decisions about their candidates if they are not allowed to interact in rallies and gatherings. The period from March 11 2007 to present was marked by blatant violations of rights that are enshrined in the ACHPR by the state through acts or omissions of its agents such as ruling party members, leaders, militia, Zimbabwe Republic Police (ZRP), intelligence personnel and members of the defence forces. Some of the perpetrators violated human rights during the course and scope of their duties.
At least about 459 cases of human rights violations have been documented between 11 March and 1 May 2007. The victims were members of opposition parties, civic organisations, leaders and individuals that are not aligned to any political party. 11 people were abducted, some mourners were victimised whilst attending a funeral of one of their counterparts, one Gift Tandare, who was shot dead by the police.
325 people sought medical treatment for organised violence and torture related injuries in
March 2007.
During this fateful period it is however possible that a large number of other cases of gross human rights violations went unnoticed, as the victims did not approach legal practitioners or medical practitioners for advice or medical attention. The violations of human rights include torture, deprivation of life, arbitrary arrests and detention, deprivation of property, hindrance in enjoying the right to cultural practices, discrimination and denial of a fair trial. Some of the torture victims had their plight aired on independent televisions and newspapers including the state run Herald.
Other violations include the non observance of pre- and post trial rights.
As a result, many people were arrested and denied access to their legal practitioners, food, medical treatment. At least 8 people were denied medical treatment and investigations despite court orders, and were forcibly removed from the hospital by the police during treatment that had been sanctioned by the court. Some individuals were arbitrarily detained and tortured by ZRP only to be released without any charges having been preferred against them. Property was also destroyed and expounded by the state under the pretext of searching for dangerous equipment or petrol bombs.
Be that as it may, in any democratic state, there has to be political opposition and a vibrant civil society to ensure accountability of the state officials. Such opposition or civil society comprised of non governmental organisation, churches, and opposition political parties must not be spooked into silence by actions or omissions of state officials.
Human rights organisations act as watchdogs to human rights violations in Zimbabwe. Opposition and other stakeholders critical of government promote democracy as their scrutiny ensures that the government is accountable to the populace. Human rights violations such as dignity and security of the person recognised in the ACHPR are under threat in Zimbabwe if the government continues to govern without scrutiny from independent bodies that advance human rights such as the African Commission.
The state proceeded to compile a report they entitled a ‘Trial of violence’ posted on the web for the consumption of the general public. The report highlighted the violence that was purported to have been carried out by the opposition forces in Zimbabwe. Incidents such as petrol bombing of the residence of two female police officers,
and assaults of fellow police officers were highlighted. Immediately afterwards a spate of arrests followed on suspected petrol bombers. Some were abducted and severely tortured before they were taken to court despite the presumption of innocence until proved guilty.
This report was tantamount to witch hunting the most vocal organisations that express their dissent to human rights violations in Zimbabwe. It is not surprising that ZLHR involved in advocacy, human rights defending, human rights education amongst some of its projects was mentioned as working with the opposition forces in Zimbabwe without any nexus having been established of how ZLHR contributed to violence. The state has been threatened to close down all non governmental organisations dealing with human rights and require re-registration for continued operation in Zimbabwe.
The fact remains that the state is not willing to acknowledge that in this day and age the advent of a de facto one party state is frowned upon throughout the universe.Violations of substantive rights
Violations of human rights that occurred after the prayer meeting are highlighted below.
Freedom from Torture and the right to health
There has been a disturbing trend within the police force since September 2006. The majority of people detained are subjected to brutal beatings, on command of the arresting officers. Torture in detention for interrogation purposes has been routine and increasing over the past 7 years, but now every incident of mass arrest results in severe beatings with many of the detainees requiring urgent medical attention, including surgery for fractures and admission to hospital for management of complications of their torture. There have also been many instances of the victims being filmed by the police after their assault, and the police denying that the victims have been assaulted, despite visible injuries. The denial of access to medical treatment is also a disturbing trend, as the complications of extensive soft tissue and chest and abdominal trauma can result in death of the victim. Fractured ribs and ruptured abdominal organs have been diagnosed in several victims.
Since March 11, at least 107 cases of torture have been documented.
The right to health was also violated in the acts of torture and refusal to access medical practitioner. The injuries sustained by the detainees were extensive and 16 of the victims had potentially life and limb threatening injuries. Delayed treatment for blunt trauma and fractures, particularly of the head, abdomen and chest has significant morbidity and mortality.
Within the group, 6 had head injuries, 7 had one or more fractures, 2 had ruptured internal organs requiring surgery, and 4 required suturing for lacerations. All had extensive deep bruising of their backs, buttocks and limbs, highly indicative of assault with blunt objects such as baton sticks, and whips. 2 suffered ruptured ear drums, and many had suffered falanga (beating of the soles of the feet). 2 people had been beaten across the knee caps, a form of torture not previously observed in police detention, 1 of these victims had a fractured patella as a result of this. 39 other detainees had evidence of moderate beating and assault, with linear bruising consistent with baton sticks and whips. Many of the detainees had evidence of insect bites such as lice, scabies and had upper respiratory tract infections secondary to deprivation of hygiene and blankets whilst in detention.
More than 50% of the victims demonstrated severe psychological impairment secondary to the torture. These individuals were accosted by the police, a few individuals from the defence forces and central intelligence. There is a pattern of abduction and assault. Many of the victims were driven to remote areas and dumped in the bush. At least 7 victims were abducted and assaulted again after seeking medical treatment.
Freedom of assembly
It is trite that fundamental rights such as freedom of assembly are recognised in Zimbabwe in accordance to the obligations in the ACHPR and other human rights instruments. This right must not be hindered by any limitations that are not justifiable in a democratic society. Despite the promulgation and maintenance of the draconian Public Order and Security Act (POSA), the state continues to suffocate the little room left for the exercise of the right to assembly.
March 11, represents the epitome of the blatant violation to the right to assemble in Zimbabwe. A few weeks before 11 March, ZRP disregarded a court order in favour of the Movement for Democratic Change (MDC) to conduct a rally. ZRP sealed the venue and violently dispersed the crowd. It is not disputed that there must be a compromise between maintenance of public order by the state and exercise of freedom of assembly. The police as the regulating authority of peace and order in Zimbabwe illegally banned public gatherings and demonstrations in terms of POSA,
these prohibition orders are normally for one month but it was extended to three months.
The right to assembly was subject to the deliberations of the African Commission in a communication filed against the government of Nigeria.
The ACHPR does not permit state parties to derogate from their treaty obligations at all.
Even in the case of a civil war, derogation is not permissible.
Limitation of the rights prescribed in the ACHPR can only be done when the limitation is in the legitimate interest of the state and the evils of the limitation must be proportionate and absolutely necessary for the advantages to be obtained.
Further, the only legitimate reasons for limiting the rights set out in the ACHPR are that rights must be exercised with due regard to the rights of others, collective security, morality and common interest. The prohibition of rallies by ZRP was challenged in the case of MDC v Chief Superintendent Janga and others. The police conceded that the ban was beyond the scope of their authority under POSA and is illegal during the hearing of an appeal MDC v Commissioner of Police and others. This illegal ban of rallies is the root cause of other human rights violations that have occurred since March 11. The extent of the torture was very severe that the victims were admitted in hospital with some under intensive care after lodging a court application for access to medical services having been denied treatment by the police.
Recently the right of assembly of lawyers was violated when a group of lawyers were assaulted whilst attempting to present a petition to the relevant stakeholders such as the Minister of Justice and Police on the continued harassment of lawyers and defiance to court orders. The lawyers were forcefully dispersed who alleged that their gathering was illegal as the ban on rallies also covered the lawyers. The lawyers had notified the police of their march as a formality as they are exempt from this procedure by POSA. The lawyers were assaulted with baton sticks as they dispersed. Four were abducted as it were and driven towards and eastern suburb by police told to lie down and assaulted all over the body in full view of the public.
Freedom of movement
Victims were arbitrarily arrested as they went about their daily business. This violated their right to freely move within the territory. 179 of documented cases involved individuals who were assaulted as they were locking up their business or travelling home after work, or sleeping at their homes. These individuals were subject to torture such as blindfolding, assaults with baton sticks, whips, iron bars, and in 3 instances dogs. The injuries observed included fractures, deep soft tissue bruising, lacerations, ruptured ear drums, falanga and multiple dog bites, including the severing of an ear. They were also threatened with further assault and death if they sought medical assistance, and verbally and psychologically abused. In one instance an individual was assaulted with baton sticks by the ZRP whilst sleeping and relaxing on the veranda of their house.
Right to life
There is a confirmed report of an MDC activist who was shot dead by the ZRP as mentioned above. This conduct by the police is a blatant disrespect to life, human beings are inviolable, with a right to respect of life that must not be arbitrarily deprived.
Zimbabwe has ignored this provision by allowing police to fire live bullets in crowded places. There are 6 other recorded and documented cases of police targeting specific individuals and firing directly at them. One victim sustained two gunshot wounds, on two separate attendances at the dead activist’s funeral. One victim was shot while hiding in the ceiling of his house, and the others were all shot while in group situations, attending meetings and the funeral gathering for the activist.
Right to culture
A large number of the mourners who attended the funeral of Gift Tandare were severely assaulted during the funeral as they sang and paid their last respects in accordance with African custom. As such, it becomes questionable whether the civilians can truly enjoy the right to security of the person when exercising their right to culture with an imminent risk of being thoroughly bashed and tortured by police and other state agents at such occasions. More than 40 cases were documented of individuals assaulted and injured during the funeral. Many sustained severe injuries, including a fractured ankle and multiple soft tissue blunt trauma. Tear gas and water cannons were used for crowd control, and several people complained of skin irritation from the fluid from the water cannons.
At the funeral, 2 people were savaged by dogs, and 1 suffered a miscarriage after blunt trauma to her abdomen. Further, the state through the actions of the intelligence went to the extent of seizing the body from the morgue, secretly whisking it to the rural home for burial. This conduct violates the culture of the Shona people who tend to follow certain procedures during funerals. The police defied a court order to refrain from interfering with the proceedings at the funeral granted by the High Court in Spiwe Mudauki v Minister of Home Affairs and others. Zimbabwe has a duty to promote and protect morals and traditional values recognised by the community including Gift Tandare’s relatives.
Freedom of expression
This right includes the freedom to impart information especially by the media through the activities of journalists. At least three journalists were arrested during the course of their employment. One of the journalists was arrested for asking the wrong questions and was later released after the court dismissed the case before plea. The other two were arrested whist trying to cover the prayer meeting of 11 March, assaulted severely and released without any charges having been preferred against them. Subsequently another journalist was abducted and tortured and sustained extensive soft tissue trauma. One of the journalist arrested was denied access to his lawyers and he filed a court application in the case of Gift Phiri v the Minister of Home Affairs and others for this access.
The right to property
The police also seized motor vehicles belonging to civic organisation leaders and opposition party leaders after 11 March. The affected individuals had to approach the court for recourse. One of the applications Morgan Tsvangirai and others v The Minister of Home Affairs and others was complied with and the impounded property was released. In another incident equipment belonging to two freelancing journalists was seized by police. The journalists were on their way to cover a rally to be conducted by the MDC in Highfield. The journalists were arrested and released after three days. The police failed to charge them with any offence. The police seized property belonging to the opposition party after sealing off the premises conducting a search for petrol bombs on 28 March 2007.
Some of the property seized did not in any manner resemble petrol bombs or any dangerous weapons but office equipment such as computers and even personal documents such as passports and identity documents of individuals. Computers were returned after an urgent Chamber application was filed with the high court.
Liberty and security of the person
Arbitrary arrests and detention have been the order of the day since 11 March 2007. Some individuals were arrested and later released with no charges having been preferred against them. As such their liberty was greatly curtailed for no apparent reason. The police in such instances did not even proffer reasons for their actions. This threat of liberty and security is still pending as indiscriminate round up of people is still occurring. On 24 April a group of 35 women, 10 children and 27 men were arrested for attempting to present a petition to express their displeasure of constant tariff rises promulgated by Zimbabwe Electricity Supply Authority (ZESA) in Kuwadzana where they have not had power for more than a month. Some individuals were also denied access to their lawyers for some time. They were later allowed after severe torture when they could not walk properly. The abduction of lawyers recently also threatens their security and liberty.
Freedom of association
This right is under threat as the state has been threatening to shut down any organisations that are working on human rights. They are perceived as enemies of the state. The government will require re-registration of all organisations. At one time the activities of an NGO that is involved in distributing food aid was suspended. This is despite the fact that the food situation is at its worst in Zimbabwe and most of the population are living beyond the poverty line.
Equality and dignity
Acting under the guise of POSA, the police who are the regulating authorities that facilitate the holding of meetings and public demonstrations have banned meetings and demonstrations selectively. As such this ban is discriminatory as it excludes gatherings or demonstrations by the ruling party. It vitiates the right to equality before the law and does not value human dignity
Fair trial rights
Trial within a reasonable time
Some of the victims were not brought to trial within a reasonable time as stipulated by the Criminal Procedure and Evidence Act, a maximum of 48 hours in custody. In the case of Gift Phiri v Detective Assistant Inspector Justin an urgent chamber application had to be filed. Most of the cases were delayed for more than 48 hours.
Right to defence- access to legal practitioner and defiance of court orders
Several court applications have been filed by Zimbabwe Lawyers for Human Rights in collaboration with its members for access to clients in police custody after arbitrary arrests from 11 March. The application were filed on an urgent basis in the case of Morgan Tsvangirai and 13 others v Minister of Home Affairs and others and Gift Phiri v Detective Assistant Inspector Justin. The right to access a lawyer is recognised in the ACHPR, The African Commission has entertained several communications addressing this right in Civil Liberties Organisation and others v Nigeria. In Zimbabwe this right is guaranteed in the Constitution. In the case of S v Paweni and another it was held that the right of one to be represented by a lawyer of their choice must be interpreted in such a way that conforms with the principle that justice should be done.
Recently two prominent human rights lawyers were arrested outside the High Court of Zimbabwe after they had just filed several bail applications on behalf of their clients. Victims were moved to Harare Central Police station without having been informed of the reasons of their arrests. The arresting officer refused to allow access to other lawyers who are members of the Law Society to the arrested lawyers in clear contravention of the supreme law of Zimbabwe; the Constitution that expressly states that everyone shall have a right to be represented by a lawyer of their choice.
One of the lawyers present at the police station was threatened with a thorough bashing if he continued to insist on access to his colleagues. Despite the lack of any charges having been preferred against the lawyers they were refused to have access to food, legal representation and medical treatment. The arrested lawyers were relocated to Stoddart police station and Matapi police station respectively. The denial of access to a lawyer expressly violates the Constitution of Zimbabwe and human rights instruments. The actions of the police blatantly disregard the fact that a reasonable suspicion has to be present before anyone is arrested.
Several applications had to be filed on an urgent basis with the High Court of Zimbabwe for legal practitioners to gain access.
The lawyers continued to be held and denied access to other lawyers and relatives despite the fact that the High Court had ordered access to the same in case of Alec Muchadehama and another v The Minister of Home Affairs and another. This trend has resulted in access to a lawyer being treated as a privilege rather than a right. As a result the lawyers have had to waste a lot of time seeking court orders to access their clients although they have an inherent right to the same. Other cases filed for accessing clients include the case of Morgan Tsvangirai and 13 others v Minister of Home Affairs and others and Gift Phiri v Detective Assistant Inspector Justin.
Several applications have been filed on an urgent basis with the High Court of Zimbabwe for lawyer to gain access since 11 March 2007.
Conclusion
There is a need for the Commission to remind the state of Zimbabwe that although it has an obligation to maintain peace and security, the fundamental principles proclaimed in the ACHPR must not only be recognised in so far as the rights, duties and freedoms are concerned but Zimbabwe must have a commitment to respect rights and take measures to give effect to them. Failure to respect the provisions of the ACHPR amounts to violations
.