Release on bail of Mr. Okay Machisa but ongoing arbitrary detention of other ZimRights members, Mr. Leo Chamahwinya and Ms. Dorcas Shereni

New information

ZWE 001 / 0113 / OBS 014.1

Release / Arbitrary detention / Judicialharassment

Zimbabwe

February 1,2013

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

New information:

The Observatory has been informed by reliablesources about the release on bail of Mr. Okay Machisa, National Executive Director of Zimbabwe Human RightsAssociation (ZimRights), of the continuing arbitrary detention of otherZimRights members, Mr. Leo Chamahwinya,Education Programs Officer, and Ms. DorcasShereni, member and Highfields local chapter Chairperson as well asthe continuing judicial harassment of the three.

According to information received, on January 29,2013, Mr. Okay Machisa was granted bail by the High Court subject to depositingsecurity in the form of immovable property worth above USD 50,000. Theimmovable property clause came as an additional condition to those offered bythe defence lawyer in its application, which included a payment of USD 500,reporting to the police once a week and remaining at his current home until thecase comes to an end.

The Observatory welcomes the release but expresses itsdeep concern about the continued arbitrary detention of Mr. Leo Chamahwinya andMs. Dorcas Shereni and calls upon the authorities of Zimbabwe to release themimmediately and unconditionally.

The Observatory also deplores the judicial harassmentfaced by the three ZimRights members and calls on the Zimbabwean authorities toput an end to any kind of judicial harassment against Messrs. Okay Machisa, Mr.Leo Chamahwinya and Ms. Dorcas Shereni, as this merely aims at sanctioningtheir human rights activities.

Background information:

On December 13, 2012, members of the Law and Ordersection of the Zimbabwe Republic Police (ZRP) visited the ZimRights officeswith the intention of searching the premises. After being denied access to thebuilding by lawyers representing the organisation, the police left with Mr. LeoChamahwinya under the guise of getting assistance in identifying peoplesupposedly defrauding ZimRights. Mr. Chamahwinya, together with Ms. DorcasShereni, were arrested on that day for “forgery”, “conspiracy to commit fraud”and “publishing falsehoods” prejudicial to the State. Two other individuals,who are neither employees nor members of ZimRights, Messrs. Farai Bhani andTatenda Chinaka, were also arrested.

On the same day, the police also called ZimRights'Bulawayo and Mutare regional Coordinators to report for questioning. TheBulawayo Regional Coordinator reported to the police on December 17, 2012 andthe Bulawayo office was then subjected to a search with police looking formaterial prejudicial to the State. Nothing was discovered or seized and theRegional Coordinator was released with no charge.

On January 4, 2013, while at the High Court for Mr.Chamahwinya’s bail application, Mr. Okay Machisa learnt that the AttorneyGeneral’s office was alleging that he, together with Ms. Faith Mamutse, hadfled the country to Norway and were therefore on the run. This was despite thefact that lawyers representing Mr. Chamahwinya had indicated that Mr. Machisawas actually present in court and had made several visits to Harare RemandPrison to see Mr. Chamahwinya. Ms. Beatrice Mtetwa representing ZimRights andMr. Machisa sent a letter to the police disputing the allegations of Mr.Machisa and Ms. Mamutse being on the run. The police called Ms. Mtetwa andadvised her to accompany her clients to the police station, of which this wasagreed to be done on January 14, 2013.

Mr. Okay Machisa was eventually arrested onJanuary 14, 2013 at Harare police station along with ZimRightsSecretary Faith Mamutse oncharges of contravening Section 31, 136 and 137 of the CriminalLaw (Codification and Reform) Act for allegedly attempting to defraud theRegistrar General’s Office by forging and manufacturing counterfeitcopies of certificates of voter registration. On the same day, twopolicemen accompanied by Mr. Machisa, two lawyers Ms. Mtetwa and Mr. GiftMtisi, came and searched the ZimRights' offices. They did not findanything in the offices. No accessories or materials linked to theRegistrar General or Registrar General of Voters Offices were found atZimRights. Ms. Mamutse was released after signing a warned and cautionedstatement on the same day.

On January 16, 2013, the Rottenrow Magistrate Courtremanded Mr. Okay Machisa in custody until January 30. In opposing Mr.Machisa’s bail application, the State Prosecutor Mr. Michael Reza claimedthat Mr. Machisa intended to use the fake registration slips to discredit theoutcome of the next elections and that the subsequent international outcrywould lead to Zimbabwe being declared a no-fly zone by the United Nations.ZimRights affirms that it has not been engaged in any criminal activities orsuch other activities as alleged by the State.

On January 21, 2013, the Magistrate Court further remanded Ms. DorcasShereni and Mr. Leo Chamahwinya until February 4, 2013 in relation to similarcharges.

High Court Judge Justice Felistas Chatukuta postponed four times thebail hearing for Mr. Okay Machisa detained on charges of “forgery”, “fraud” and“publishing falsehoods” until January 28, 2013.

This series of arrests occurred just weeks after ZimRights denounced thetrend of increasing police brutality across Zimbabwe and called for urgentaction by competent authorities to address these human rights violations.

The Observatory further recalls that this is not the first time Mr.Machisa has been harassed by the Zimbabwean authorities. On March 23,2010, Mr. Machisa was arbitrarily arrested by a group of twenty officersof the ZRP, before being released a few hours later. Similarly, Mr.Leo Chamahwinya was arrested along with other ZimRights members on April26, 2010 before being released.

Actions requested:

Please write to the authorities of Zimbabwe askingthem to:

i. Guarantee in all circumstances the physical and psychological integrityof Messrs. Okay Machisa and Leo Chamahwinya, Ms. Dorcas Shereni and Ms. FaithMamutske, as well as all human rights defenders in the country;

ii. Release Mr. Leo Chamahwinya and Ms. Dorcas Shereni immediately andunconditionally as their detention is arbitrary since it seems to merelysanction their human rights activities;

iii. Put an end to any kind of harassment - including at the judicial level –against Messrs. Okay Machisa and Leo Chamahwinya and Ms. Dorcas Shereni,members of ZimRights as well as against all human rights defenders in Zimbabwe;

iv. Conform with the provisions of the UN Declaration on Human Rights Defenders,adopted by the General Assembly of the United Nations on December 9, 1998, andin particular:

- its Article 1, whichstates that “everyone has the right, individually and in association withothers, to promote and to strive for the protection and realization of humanrights and fundamental freedoms at the national and international levels”,

- its Article 6 (b) and(c), which states that “everyone has the right, individually and in associationwith others […] as provided for in human rights and other applicableinternational instruments, freely to publish, impart or disseminate to othersviews, information and knowledge on all human rights and fundamental freedomsand [...] to study, discuss, form and hold opinions on the observance, both inlaw and in practice, of all human rights and fundamental freedoms and, throughthese and other appropriate means, to draw public attention to those matters”,

- and its Article 12.2,which provides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration”;

v. More generally, ensure in all circumstances the respect for human rightsand fundamental freedoms in accordance with in accordance with the UniversalDeclaration of Human Rights and with international and regional human rightsinstruments 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 / +263.4.70.38.58;

· Mr. Khembo Mohadi, co-Minister of Home Affairs, Ministry of HomeAffairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway, Harare,Zimbabwe, Fax: +263 4 726 716;

· Ms. Terese Makone, co-Minister of Home Affairs, Ministry of HomeAffairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway, Harare,Zimbabwe, Fax: +263 4 726 716;

· Mr. Patrick Chinamasa, Minister of Justice and Legal Affairs, Fax: + 2634 77 29 99 / +263 4 252 155;

· Mr. Augustine Chihuri, Commissioner General, Police Headquarters, P.O.Box 8807, Causeway, Harare, Zimbabwe, Fax: +263 4 253 212 / 728 768 / 726 084;

· Mr. Johannes Tomana, Attorney-General, Office of the Attorney, PO Box7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 77 32 47;

· Ms. Chanetsa, Office of the Public Protector, Fax: + 263 4 70 41 19;

· Ambassador Mr. Chitsaka Chipaziwa, Permanent Mission of Zimbabwe to theUnited Nations in Geneva, Chemin William Barbey 27, 1292 Chambésy, Switzerland,Fax: + 41 22 758 30 44, Email: mission.zimbabwe@ties.itu.int;

· Embassy of Zimbabwe in Brussels, 11 SQ Josephine Charlotte, 1200Woluwe-Saint-Lambert, Belgium, Fax: + 32 2 762 96 05 / + 32 2 775 65 10, Email:zimbrussels@skynet.be.

Please also write to theembassies of Zimbabwe in your respective country.

***

Paris-Geneva,February 1, 2013

Kindly inform us of any action undertaken quoting the code of thisappeal in your reply.

To contact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33(0) 1 43 55 25 18 / +33 1 43 55 18 80

• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29