Release on bail of Ms. Beatrice Mtetwa

URGENT APPEAL - THE OBSERVATORY

New information

ZWE 002 / 0313 / OBS 028

Release on bail /

Judicial harassment

Zimbabwe

March 25, 2013

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), has received new information and requests your urgent intervention on the following situation in Zimbabwe.

New information:

The Observatory has been informed by reliable sources of the release on bail of Ms. Beatrice Mtetwa, human rights lawyer and board member of Zimbabwe Lawyers for Human Rights (ZLHR).

According to the information received, on March 25, 2013 in the morning, High Court Judge Joseph Musakwa finally decided to grant bail to Ms. Mtetwa, under three conditions: that she deposits $500, that she resides at the given address and that she does not interfere with the ongoing investigations.

At 1.40 pm on March 25, Ms. Beatrice Mtetwa finally walked out of Prison Bondage.

The Observatory recalls that Ms. Mtetwa was arrested on March 17, 2013, while attempting to provide legal assistance to Mr. Thabani Mpofu, Legal adviser of Zimbabwean Prime Minister, Morgan Tsvangirai, who was arrested the same day[1]. Soon after her arrest, Ms. Mtetwa's lawyers filed an urgent chamber application before the High Court, requesting for her immediate release on the grounds that her arrest was unlawful. While the High Court subsequently ordered her immediate release, Ms. Mtetwa remained in police custody, in complete disregard for the court's ruling.

On March 19, 2013, Ms. Mtetwa was brought to the Magistrate Court in Harare where she applied for another bail, given the police non-compliance with the High Court order. On March 20, the Magistrate Court in Harare ruled against the bail application for Ms. Mtetwa, remanding her to April 3, 2013.

At the March 20 hearing, Magistrate Marehwanazvo Gofa had indeed told the court that Ms. Mtetwa was facing serious charges of “obstructing the course of justice” under the Criminal Law (Codification and Reform) Act, section 184(1)(g), after she reportedly rebuked the Zimbabwe Republic Police (ZRP) officers who searched - without a search warrant - the house of her client, Mr. Thabani Mpofu. Ms. Mtetwa's lawyer reminded the court that a High Court order providing for the immediate release of Ms. Mtetwa had been issued to the police a few hours after her arrest, and that it had been disregarded. Magistrate Gofa reportedly dismissed Ms. Mtetwa's bail application on the basis that if granted bail, she would interfere with police investigations.

Ms. Mtetwa's lawyers had then decided to file an appeal asking the Higher Court to set aside the dismissal of her bail application by Harare Provincial Magistrate Marehwanazvo Gofa. While the High Court bail application hearing was initially scheduled for March 22, it was eventually postponed to March 25, 2013.

Actions requested:

Please write to the authorities of Zimbabwe, urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Ms. Beatrice Mtetwa, as well as all human rights defenders in the country;

ii. Put an end to any kind of harassment - including at the judicial level - against Ms. Beatrice Mtetwa as well as against all human rights defenders in Zimbabwe;

iii. 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, and in particular:

- its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights 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 association with others […] as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms and [...] to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these 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 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”;

iv. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights 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 / + 263.4.70.38.58;

· Mr. Khembo Mohadi, co-Minister of Home Affairs, Ministry of Home Affairs, 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 Home Affairs, 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: + 263 4 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 Box 7714, 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 the United 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, 1200 Woluwe-Saint-Lambert, Belgium, Fax: + 32 2 762 96 05 / + 32 2 775 65 10, Email: zimbrussels@skynet.be.

Please also write to the embassies of Zimbabwe in your respective country.

***
Geneva-Paris, March 25, 2013

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

The Observatory, a OMCT and FIDH venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

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

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

[1] See Observatory Joint Press Release, March 18, 2013.