Zimbabwe: Drop Politically Motivated Charges Against Activists

(Johannesburg) - The authorities in Zimbabwe should immediately free and drop criminal charges against 15 human rights activists and Movement for Democratic Change (MDC) party members who were ordered back into custody on May 5, Human Rights Watch said today.

Human Rights Watch said that the cases were politically motivated. All had been abducted in late 2008 by officials loyal to the Zimbabwe African National Union-Patriotic Front (ZANU-PF), a party to Zimbabwe's power-sharing administration with the MDC. On May 5, a magistrate in Harare formally charged the 15 with various acts of banditry and trying to recruit people for training in banditry, sabotage and insurgency, and revoked their bail. Human Rights Watch is deeply concerned that the "evidence" filed to support these charges was extracted under torture.

"Those who brought these outrageous charges should quickly drop them," said Georgette Gagnon, Africa director at Human Rights Watch. "This continued persecution makes it pretty clear that ZANU-PF is trying to undermine the new power-sharing administration and is an example of Zimbabwe's overall lack of progress in respecting the rule of law and basic rights."

Zimbabwe's prosecuting authorities and key police and prison units remain under ZANU-PF control. Following their abduction in 2008, the 15 were held in secret detention for periods ranging from two to eight weeks before being handed over to the police. None of them was brought to court within 48 hours of arrest, as required by Zimbabwe law. The 15 were only granted restricted bail in February and March 2009 pending indictment and trial.

Human Rights Watch believes that these prosecutions are a politically motivated attempt by ZANU-PF to pressure the MDC into making concessions that will further weaken its power within the government. Human Rights Watch has already urged the Zimbabwe authorities to disclose immediately the whereabouts of seven "disappeared" activists who were abducted by suspected state agents in late 2008 and who are still missing (see below).

Lawyers representing the activists who were charged on May 5 have also recorded testimony from each of them alleging that they were tortured while in police custody. The state authorities have not investigated the allegations, let alone arrested or prosecuted the perpetrators, even though they were named in the testimony. Torture is a crime both in Zimbabwe and international law, and evidence obtained through the use of torture is not admissible in a Zimbabwean court.

"The new government in Harare will only attract much-needed international financial support when the authorities demonstrate an unambiguous commitment to the rule of law and a willingness to prosecute those who abuse the law for political ends," said Gagnon. "Releasing the 15 activists and dropping all charges against them would be a start. Instead, ZANU-PF continues to use them as pawns in its political games."

Background on the abductions

The 15 activists are: Jestina Mukoko, Chris Dhlamini, Anderson Shadreck Manyere, Ghandi Mudzingwa, Concillia Chinanzvavana, Emmanuel Chinanzvavana, Violet Mupfuranhehwe, Collen Mutemagawu, Mapfumo Garutsa, Chinoto Mukwezaremba Zulu, Zacharia Nkomo, Audrey Zimbudzana, Regis Mujeyi, Broderick Takawira, and Fidelis Chiramba.

The 15 were part of a group of 43 activists arbitrarily arrested by state security forces from October to December 2008. Police initially denied holding them, but on December 22 lawyers were tipped off that 32 of them were being held in various police stations in the capital, Harare.

Seven are still missing and unaccounted for: Gwenzi Kahiya, Ephraim Mabeka, Lovemore Machokoto, Charles Muza, Edmore Vangirayi, Graham Matehwa, and Peter Munyanyi.

Others among the 43 have been freed at various points in 2009, including a 2-year-old child. Several still have charges pending and some also allege that they were tortured in custody.

BAN CALLS FOR RELEASE OF ZIMBABWE ACTIVISTS

BAN CALLS FOR RELEASE OF ZIMBABWE ACTIVISTS
New York, Feb 25 2009 5:00PM

Secretary-General Ban Ki-moon today called on the Government of Zimbabwe to free detained opposition activists and human rights defenders, while pledging the continued support of the United Nations as the country tackles the myriad of challenges it faces.

"I hope that these people will be freed as soon as possible," Mr. Ban told a joint news conference with South African President Kgalema Motlanthe in Pretoria.

Zimbabwean opposition leader Morgan Tsvangirai was sworn in earlier this month as Prime Minister in a unity government with President Robert Mugabe, following months of political tensions after disputed presidential elections last March.

Welcoming the recent inauguration of the new Government of National Unity, Mr. Ban noted that the partnership between the country's parties will need to be nurtured.

"Although the United Nations has no direct mandate to help implement the Agreement reached between the parties, we are ready to ensure that the enormous challenges confronting the Zimbabwean people are effectively addressed," said Mr. Ban.

The UN will do all it can, in particular, to support Zimbabwe tackle its worst-ever cholera epidemic, which has already claimed thousands of lives, he added. The UN World Health Organization (WHO) estimates that more than 83,000 people have become sick and more than 3,800 have died since the outbreak began last August.

A UN humanitarian mission to Zimbabwe, led by Deputy UN Emergency Relief Coordinator Catherine Bragg has just concluded its mission to the country and reports that the humanitarian needs there remain grave, a spokesperson for the world body said today.

According to the mission, there are areas where concerted efforts have led to a declining number of new infections, but there are many places which have not been reached with the required services, and where cholera continues to spread.

The team, which also included WHO, the UN Children's Fund (UNICEF) and the World Food Programme (WFP), said that food security is also a major issue, with a growing number of households reducing the number of meals they have per day. There will be a need for continued food assistance throughout 2009, the scale of which will be determined by upcoming assessments.

Farmers must obtain all the agriculture inputs they need for the next planting season, which begins in September and October. Otherwise, next year could be similar to this year, in which seven million people need food aid, the team added.

Mr. Ban told reporters the international community, led by the UN, stands ready to provide the necessary assistance to support the people of Zimbabwe.

"But all these efforts would be better mobilized, would get stronger and more support from the international community if we can see the promise in political and national reconciliation," he added. "The releasing of political prisoners will be important and desirable not only on the humanitarian and human rights front, but also for the national reconciliation process."

Mr. Ban is on his first official visit to South Africa, where he met for almost two hours today with the President and other officials. In addition to Zimbabwe, they discussed a wide range of political issues including Sudan, the Democratic Republic of Congo (DRC), Burundi and South Africa's role in peacekeeping operations.

The Secretary-General also stressed the leading role played by South Africa in engaging non-industrialized countries on the global threat of climate change.

_______________