Zimbabwe: Arbitrary detention and alleged torture of Namatai Kwekweza, Robson Chere and Samuel Gwenzi

ZWE 001 / 0824 / OBS 037
Arbitrary arrest / Arbitrary detention /
Torture / Restriction of the right to peaceful assembly
Zimbabwe
August 8, 2024

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

Description of the situation:

The Observatory has been informed of the arbitrary detention of Mr Robson Chere, Ms Namatai Kwekweza and Mr Samuel Gwenzi. Robson Chere is a teacher and trade unionist, and the Secretary General of the Amalgamated Rural Teachers Union (ARTUZ), which advocates against teachers’ low wages, lack of electricity in rural schools and poor working conditions as well as unsafe learning conditions for students. Namatai Kwekweza is a human rights activist, feminist and constitutionalism advocate, member of the Zimbabwe Human Rights Association (ZimRights), a member organisation of FIDH, and founder of the WELEAD trust, a youth leadership development and advocacy organisation. Samuel Gwenzi is a pro-democracy activist, director of the Zimbabwe Human Rights Monitors Platform and elected City Councilor in Harare of the Citizens Coalition for Change political party.

On July 31, 2024, Robson Chere, Namatai Kwekweza, Samuel Gwenzi and Vusumuzi Moyo were forcibly removed from a domestic commercial flight at the Robert Mugabe International Airport in Harare which was headed for Victoria Falls, west of Zimbabwe, where they were meant to attend the African Philanthropy Conference (APC). Vusumuzi Moyo, an artist and sound engineer travelling on the same plane, was also arrested with them. The scene was witnessed by the other passengers and Ms Namatai and Messrs Chere and Gwenzi alerted their lawyers who immediately raised alarm on their whereabouts.

The three above-mentioned defenders as well as Vusumuzi Moyo were detained incommunicado by state agents for at least eight hours, before they were later found by lawyers from the Zimbabwe Lawyers for Human Rights (ZLHR). ZLHR reported that they located them at Harare Central Police Station later on July 31. ZLHR also reported that at least one of them, Robson Chere, had been severely tortured during the first eight hours of their detention.

On August 2, 2024, Robson Chere, Namatai Kwekweza, Samuel Gwenzi and Vusumuzi Moyo were charged with “disorderly conduct in a public place” (Section 41(b) of Criminal Code of Zimbabwe), in relation to their alleged participation in a public peaceful march outside the Harare Magistrates Court on June 27, 2024. The four above-mentioned persons appeared before the Harare Magistrates Court weakened and suffering, and according to their lawyers, they were subjected to torture in the form of physical assault, as well as mental and psychological torture during their detention.

On August 5, 2024, Robson Chere, Namatai Kwekweza, Samuel Gwenzi and Vusumuzi Moyo appeared before the Harare Magistrates Court for their bail application hearing, which was subsequently postponed to an unspecified date.

At the time of publication of this Urgent Appeal, Robson Chere, Namatai Kwekweza, Samuel Gwenzi and Vusumuzi Moyo are still arbitrarily detained.

The four above-mentioned persons and their lawyers laid several complaints with the court regarding the manner in which they were arrested at the Robert Gabriel Mugabe International Airport, in relation to the torture to which they were subjected before surrendering to the police officers.

The march for which Robson Chere, Namatai Kwekweza, Samuel Gwenzi and Vusumuzi Moyo are charged was in protest of the arrest, on June 16, 2024, and subsequent judicial proceedings against 78 opposition members from the Citizens Coalition for Change (CCC), who were appearing on June 27, 2024 for a remand hearing in a case in which they are accused of attending an event to mark the Day of the African Child without police clearance.

The Observatory recalls that it is not the first time that Robson Chere is facing intense repression for his peaceful human rights activism, including arbitrary arrests, abductions and judicial harassment. In December 2018, he was arrested twice as he was participating in the “Salary Caravan March”, demanding for an increase in teachers’ wages. In January 2019, he was abducted and detained during a protest against the worsening socio-economic crisis. On July 5, 2022, he was arrested and arbitrarily charged with the murder of Roy Issa, a youth activist and member of ARTUZ who died in an accident in 2016. Mr Chere was released on bail on July 13, 2022.

The Observatory further recalls that the arrest of the Robson Chere, Namatai Kwekweza and Samuel Gwenzi is part of a global crackdown on civil society in Zimbabwe, with human rights defenders being subjected to threats, arbitrary detentions, abductions and enforced disappearances, as well as the adoption of restrictive legislations. In March 2023, the Zimbabwean parliament passed the Private Voluntary Organisation (PVO) Amendment Bill, which restricted freedom of association giving the government unjustifiable control over civil society groups, causing intense contestation against the bill among civil society, which faced fierce repression. Recently, an increasing repression on human rights activists and civil society has been observed at a critical time ahead of the August 17-18, 2024 Southern African Development Community (SADC) Summit in Harare, with the government on alert for potential disturbance of the event.

The Observatory strongly condemns the arbitrary detention of Robson Chere, Namatai Kwekweza and Samuel Gwenzi, which only appears to be aimed at restricting their freedom of assembly and hindering their legitimate human rights activities.

The Observatory urges the Zimbabwean authorities to grant Robson Chere, Namatai Kwekweza and Samuel Gwenzi unhindered access to timely and adequate medical care, and to immediately and unconditionally release them and put an end to any acts of harassment, including at the judicial level, against them, as well as against all human rights defenders in the country.

The Observatory calls on the Zimbabwean authorities to carry out an immediate investigation into the above mentioned alleged acts of torture and ill-treatment against Robson Chere, Namatai Kwekweza and Samuel Gwenzi and to bring the perpetrators to justice in accordance with international standards.

The Observatory also calls on the Zimbabwean authorities to guarantee in all circumstances the right to peaceful assembly as enshrined in international human rights law, and in particular Article 21 of the International Covenant on Civil and Political Rights (ICCPR), to which Zimbabwe is a party.

Action required:

Please write to the authorities of Zimbabwe to urge them to:

1. Guarantee in all circumstances the physical integrity and psychological well-being of Robson Chere, Namatai Kwekweza and Samuel Gwenzi;
2. Grant Robson Chere, Namatai Kwekweza and Samuel Gwenzi unhindered access to timely and adequate medical care;
3. Immediately and unconditionally release Robson Chere, Namatai Kwekweza and Samuel Gwenzi, as their detention seems to be only aimed at restricting their freedom of peaceful assembly, and at hindering their legitimate human rights activities;
4. Carry out an immediate, through and impartial investigation into the alleged acts of torture and ill-treatment against Robson Chere, Namatai Kwekweza and Samuel Gwenzi, while ensuring their protection, and bring the perpetrators to justice in accordance with international standards;
5. Put an end to all acts of harassment - including judicial harassment - against Robson Chere, Namatai Kwekweza and Samuel Gwenzi, and all other human rights defenders in Zimbabwe, and ensure that they are able to carry out their legitimate human rights activities in all circumstances, without hindrance or fear of reprisal;
   
6. Ensure strict respect for fundamental freedoms, and in particular guarantee in all circumstances respect of the right of peaceful assembly as guaranteed by international human rights law, in particular by Article 21 of the ICCPR, to which Zimbabwe is party.

Adresses:

• Mr. Emmerson Mnangagwa, President of Zimbabwe; Twitter: @edmnangagwa

• Mr. Kazembe Kazembe, Minister of Home Affairs; Email: thesecretary@moha.gov.zw,

• Mr. Frederick Shava, Minister of Foreign Affairs; Email: mfa@zimfa.gov.zw

• Mr. Ziyambi Ziyambi, Minister of Justice, Legal and Parliamentary Affairs; Email: justice@justice.gov.zw

• Ambassador Mr. Taonga Mushayavanhu, Permanent Mission of Zimbabwe to the United Nations in Geneva; Email: mission.zimbabwe@ties.itu.int

• Embassy of Zimbabwe in Brussels; Email: zimbrussels@skynet.be

Please also write to the diplomatic representations of Zimbabwe in your respective countries.

***

Paris-Geneva, August 8, 2024

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

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:

• E-mail: alert@observatoryfordefenders.org
• Tel FIDH: + 33 (0) 1 43 55 25 18
• Tel OMCT: + 41 22 809 49 39