Ms Roselyn Hanzi and Mr Tawanda Zhuwarara, project lawyers at ZLHR,
were arrested by unidentified members of the Zimbabwe Republic Police
(ZRP) on 10 February 2009 as they were returning to the office
(situated next to the Parliament building) after lunch. Regrettably,
they were caught in the crossfire of further indiscriminate arrests
carried out by the ZRP arising from a demonstration outside Parliament
building in Harare by the Women of Zimbabwe Arise (WOZA). With the
complicity of Parliamentary staff, they were unlawfully detained in the
Parliament Guard Room, until police details removed them to Harare
Central police station.
In contravention of constitutional protective provisions relating to
detained persons, but in the customary fashion of the ZRP, lawyers who
attempted to get access to Hanzi and Zhuwarara at Harare Central were
denied access by the police. Superintendent Chinhengo, the Officer in
Charge of Operations at Harare Central ordered the lawyers out of the
police station's vicinity.
Despite further attempts by ZLHR to have their colleagues released, the
two were detained overnight at Harare Central Police Station without
their lawyers being able to speak to them, or being told the charges
against them.
On 11 February 2009, ZLHR lawyers were finally able to have access to
them. Despite members of the Law and Order section acknowledging that
the two were caught in the crossfire, Detective Inspector Elliot
Muchada, instructed Detective Assistant Inspector Phiri (female) and DC
Musademba to proceed to charge them, together with 8 women who were
also arrested outside Parliament, with contravening section 37(1)(b) of
the Criminal Law (Codification and Reform) Act. They are likely to
spend a second night in custody.
ZLHR unreservedly condemns the now commonplace and illegal phenomenon
of members of the ZRP indiscriminately and without reasonable suspicion
arresting and detaining innocent civilians and then denying lawyers
access to their clients and barring them from taking proper
instructions.
The arrest and detention of lawyers together with alleged WOZA members
is a clear indication that basic freedoms in the country remain
circumscribed; that the continued detention and violation of such
rights occurred at the very time that the inclusive government was
being established merely indicates that we have a long way to go before
there is return to the rule of law and respect for the Constitution of
Zimbabwe.
ZLHR further remains gravely concerned that Parliament allowed itself
to be used in the facilitation of a criminal offence, whereby unlawful
arrests and detention were perpetuated as the lawyers were detained on
its premises.
The continued breach of various provisions of the Interparty Political
Agreement signed on 15 September 2008, in which the three political
parties represented in Parliament undertook to protect the security of
persons and to ensure that fundamental rights and freedoms would be
respected, must be condemned in the strongest of terms.
ZLHR calls upon the police and the appropriate commanding authorities
to see to it that immediate action is taken to release Ms Hanzi and Mr
Zhuwarara together with the WOZA members and that the offending
individuals are made to answer for their unlawful actions.