Arrests of ZEC Staff

CONTINUED ARRESTS AND HARASSMENT OF ELECTION OFFICERS

Zimbabwe Lawyers for Human Rights (ZLHR) wishes to express its serious
concern about the escalating arrests, detention and harassment of presiding
and polling officers from the Zimbabwe Electoral Commission (ZEC), in the
context of the ongoing controversial recounts.

Since 29 March 2008, many presiding and polling officers have been arrested

and accused of having been part of a plot to rig the elections in favour of

candidates from the Movement for Democratic Change. In this on-going

exercise, 34 Presiding Officers have been arrested in Masvingo province

alone during the recounting process which commenced on 19 April 2008. The

presiding officers are currently detained at Masvingo Central Police Station

and are being represented by ZLHR lawyers.

Over and above the arrests, non state actors such as ZANU-PF officers and

war veterans have attempted to extract ‘confessions’ from these hapless

presiding officers. Notable is the unlawful detention and assault of one of

these presiding officers in an attempt to make him write a statement

incriminating himself of having misled voters who required assistance and

having made them vote for the opposition when they desired to vote for the

ruling party.

The war veterans and ZANU-PF officials have attempted to justify their

unacceptable conduct by saying that they were ‘taking instructions from

Harare’. There is no lawful justification for non state actors to involve

themselves in relation to detainees and the investigation of alleged

criminal conduct. This is the role of the police, and non state actor

participation constitutes unacceptable interference in such processes which

must be condemned and must cease forthwith.

ZLHR reiterates its calls for transparency and non-interference by state and

quasi state functionaries in an already heavily disputed electoral process.

The involvement of non state actors in interrogating presiding officers

raises concerns as to whether this is due process at work, justifiable

prosecution or merely persecution. The arrested presiding officers are

public servants who have served the nation devotedly under extreme hardships

for years on end under conditions which amount to a contemporary form of

slavery as defined under international law.

Involvement of this range of actors must be seen and condemned for what it

is – an intimidatory tactic to compromise their ability to carry out their

constitutional duties without fear or favour. It will also have a residual

impact in the event that a run-off is held which will require these public

servants to once again provide their services in the electoral process.

ZLHR also takes note of the extreme violence which has engulfed the nation,

particularly in rural areas, as is the place where the unlawful detentions

and assault noted above occurred. We thus demand that the undignified

attacks upon these long-suffering presiding officers ceases forthwith and

that police carry out their duties without interference from other players

and without fear or favour to ensure that all people are safe and duly

protected by law.

We also demand that the various departments of the administration affected

by the unlawful threats and the arrests of members of staff take a stance

against the harassment of their members – the entire governance and

administrative system is at stake as teachers and other state employees have

been forced to flee their workstations for fear of victimisation. The entire

electoral process has been subverted.

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