July 26, 2005

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

Brief description:

The Observatory has been informed by the Zimbabwe Human Rights Organisation (ZimRights) about acts of intimidation and forced entry of three police officers in its premises in Harare.

According to the information received, at 11.45 pm on July 19, 2005, three members of the police forces demanded to be allowed inside ZimRights premises without giving any legal motive for their visit. Reluctant to oppose police forces, the security guard was forced to open the gate. The three police officers inspected the premises, indicating that they had been "assigned to work at ZimRights premises for some times", without specifying who would have given them such an order. They also went to the International Socialist Organisation (ISO), sheltered by ZimRights, where they found Mr. Briggs Bomba, ISO Officer, working alone in the office.

Police forces did not specify the purpose of their visit to Mr. Briggs Bomba but they insisted on staying overnight to "protect" people. Meanwhile, they were ushering intimidating messages over the radio such as "we are now inside, we are ready". They took turns to maintain a vigil. Frightened, Mr. Bomba did not dare to leave his office. He only managed to send an SMS message to three of his colleagues. At 5.00 am on July 20, 2005, police forces left the premises indicating to ZimRights security guards that another police team was coming to replace them. But nobody actually came. It seems that police acted without any court order. On July 25, 2005, lawyers, on behalf of ZimRights, went to the Harare police station to lodge a complaint.

The Observatory recalls that this is not the first time that ZimRights is victim of such acts of intimidation. Thus, in April 2004, several members of ZimRights were arrested before being released (See Observatory Annual Report 2004). In April 2005, police officers, purporting to be from the Ministry of Social Welfare, demanded to examine ZimRights books of accounts and audit its activities without providing any court order.

The Observatory considers that these acts of intimidations, aiming at limiting ZimRights' activities in favour of human rights, contravene the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular its article 12 (1) and (2) that states "1. Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms. 2. 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".

Actions requested:

Please write to the Zimbabwean authorities and ask them to:

1. adopt immediate measures to put an end to all acts of intimidation against ZimRights and more generally against all human rights defenders;
2. conduct a fair, impartial and independent investigation into these events, in order to identify those responsible, bring them to justice;
3. conform with the provisions of the Declaration on Human Rights Defenders notably article 1 which states that "everyone has the right, individually or in association with others, to promote the protection and realisation of human rights and fundamental freedoms at the national and international levels" and more specifically the above-mentioned article 12(1) and (2);
4. 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. Augustine Chihuri, Police Prefect, Police Headquarters, P.O. Box 8807, Causeway, Harare, Zimbabwe, Fax : +263 4 253 212

- Ambassador Mr. Chitsaka Chipaziwa, Permanent Mission of Zimbabwe to the United Nations in Geneva, Chemin William Barbey 27, 1292 Chambesy, 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.

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Paris - Geneva, July 26, 2005