FIDH and its affiliate ZimRights are gravely concerned at the flagrant disregard of fundamental rights and police brutality on detainees in Zimbabwe who include numerous leaders of opposition parties and civic society activists who were arrested on Sunday 11 March whilst attempting to attend a Save Zimbabwe Campaign prayer meeting which was to be held in Highfield, Harare at Zimbabwe Grounds.

According to our member ZimRights and corroborated by Zimbabwe Lawyers for Human Rights, more than thirty people were arrested at around 1100hours on 11 March 2007 and taken to Harare Central police station. The detainees included Arthur Mutambara, St Mary’s MP Job Sikhala, Morgan Changamire, Frank Chamunorwa, Linos Mushonga, Godfrey Gumbo, and Clever Kafero (all office-bearers from the Mutambara-led MDC), together with Mike Davies (Chairperson of the Combined Harare Residents Association), Madock Chivasa (Spokesperson for the National Constitutional Assembly), and Gladys Hlatswayo (Information Officer for the Crisis Coalition).

Morgan Tsvangirai was arrested together with other members of the Tsvangirai-led MDC, including MP Tendai Biti, MP Nelson Chamisa, Sekai Holland, and Grace Kwinjeh.

FIDH and ZimRights are particularly concerned at the disturbing reports which show that:

1. The police in Zimbabwe over reacted against unarmed civilians and extra-judicially shot and executed an innocent Zimbabwean Gift Tandare. The police have since taken responsibility for the execution.
2. Lawyers for the detainees were denied unimpeded access to their clients as is required in terms of international human rights law. FIDH is outraged particularly that one lawyer Harrison Nkomo was assaulted merely because he attempted to gain access to Morgan Tsvangirai his client who was also being reportedly tortured while under police custody.
3. Attempts to provide access to doctors and medical care and food to the detainees were frustrated by the police and in particular one by Detective Inspector Mavunda.
4. Torture by police which is absolutely prohibited under international human rights law was used extensively over the majority of the detainees.
5. The police defied and ignored High Court orders ordering that they allow the detainees unimpeded access to their lawyers and access to doctors and medical health care for the torture that they had been subjected to.
6. The police in order to frustrate access to lawyers and doctors as well as to prevent the detainees from getting access to their relatives continued shuttling them from one police station to another and that the following police stations were used for such purpose, Harare Central, Southerton, Machipisa, Warren Park, Rhodesville, Highlands, Borrowdale, Avondale, Mabvuku, Matapi, Hatfield, Braeside and Chitungwiza, Goromonzi police stations.

FIDH and ZIMRIGHTS remind the authorities in Zimbabwe and in particular the section of the police force that has agreed to be used unlawfully  against innocent civilians that torture is banned completely and is a punishable offence and a crime under international law which brings serious consequences personally against perpetrators. It is not a defence under international law to invoke a defence of superior command for torture

Consequently and specific to this matter, FIDH and ZIMRIGHTS calls upon the government of Zimbabwe to ensure that;

• The cold blooded murder of Gift Tandare must be investigated immediately and the perpetrators brought to justice in order to break the cycle of impunity.
• The people of Zimbabwe are allowed to peacefully express themselves including being involved in peaceful demonstrations and protests without being arbitrary arrested and detained, harassed and tortured.
• The detainees in particular and the people of Zimbabwe in general have equal protection of the law including unimpeded access to lawyers (when wanted) and full compliance with court orders even when seen to unfavourable to the state.
• The credible allegations of torture must be fully and expeditiously investigated so that the perpetrators are brought justice.

Generally FIDH and ZIMRIGHTS urges the government of Zimbabwe to comply with the recommendations of the African Commission’s Fact finding mission to Zimbabwe (adopted by the AU) which the government of Zimbabwe has chosen to ignore to date as follows:

•  On National Dialogue and Reconciliation where Zimbabwe needed to accept “mediators and reconcilers who are dedicated to promoting dialogue and better understanding” and free society from the shackles of control.
•  In Creating an Environment Conducive to Democracy and Human Rights where inter-alia the government “should abide by the judgements of the Supreme Court and repeal sections of the Access to Information Act, calculated to freeze the free expression of public opinion and The Public Order Act”.
• Having Independent National Institutions in terms of which the Government was urged to establish [genuine] independent and credible national institutions that monitor and prevent human rights violations, corruption and maladministration” such as an Independent Electoral Supervisory Commission.
• Restoring The Independence of the Judiciary including attending to conditions of service to protect them from political pressure; transparent and fair appointments to the bench; protection of presiding officers; complying with judicial orders.
• Restoring A Professional Police Service through non-politicisation of the police service and making the police serve the Constitution and enforce the law without any fear or favour; disbanding the law and order unit which operates under political instructions and without accountability; and removing the youth militia from policing
• Restoring a Free Media “essential for democracy.”

FIDH and ZIMRIGHTS urge the SADC states to now break the culture of silence over serious violations in Zimbabwe that has consistently been viewed by the ruling elites in Zimbabwe to be active support in the systematic violation of human rights.

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