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On 7 May 2008 at 2:30 p.m. on , Harrison Nkomo leading media lawyer was arrested
near his office in central Harare and is being held at the Law and Order
Section of Harare Central Police station. He faces the criminal charges
of “insulting or undermining the authority of the head of state” under
the Public Order and Security Act of 2002. Nkomo recently defended Barry
Bearak, a New York Times correspondent arrested for working without
accreditation on April 3, 2008 and held for four days before being
deported. Human Rights Watch urged that Nkomo be immediately released and
all politically motivated charges dropped.
Nkomo is the first lawyer arrested for apparent
opposition activities since the crackdown following the March 29
elections, although others have been harassed. Since the elections, the
authorities have arrested more than 100 presiding electoral officers. On
April 25, 2008, they arrested more than 200 people who had sought shelter
from the government’s terror campaign at the headquarters of the
opposition Movement for Democratic Change (MDC) in Harare. They were held
for several days before being released without charge.
“The arrest of a
leading human rights lawyer may signal the government’s escalation of its
crackdown on perceived opponents,” said Georgette Gagnon, Africa director
at Human Rights Watch. “It would be unfortunate if Harrison Nkomo became
the ‘canary in the coal mine.’ He should be released immediately.”
UPDATE 12 05 08 : On 12 May ,
prosecutors charged Harrison Nkomo with "undermining the authority
or insulting the president," in connection with allegations that he
told government attorney Michael Mugabe to tell "his father" to
step down shortly before a May 2 court hearing, defense lawyer Beatrice
Mtetwa said.
Mtetwa cited a
court transcript referring to Michael Mugabe as a nephew of President
Mugabe. Prosecutors added to Nkomo's charge sheet "disorderly
behavior or conduct," that could be caused by his remarks.
Maruziva was
released at 1:30 p.m. local time after posting a bail and is expected to
appear in court on May 23, Khumalo said.Nkomo was discharged from
Harare's main Parirenyatwa Hospital earlier on 12 May after being rushed
there while in custody because of high blood pressure. He was
released on bail and his next court appearance will be on May 23, Mtetwa
said
Background
Human rights lawyer Harrison Nkomo recently secured
bail for two journalists, one of whom works for the MDC, which won the
recent parliamentary elections. The journalists had been in custody since
April 15, 2008 on charges of public violence after being picked up near a
bus which burst into flames in Harare on the day the MDC organized a
“stay-away” to demand that presidential elections results be announced.
The Zimbabwe government claims the bus ignited because of an act of
vandalism by the opposition, but independent observers suggest it was an
electrical fault. While representing these clients, Nkomo allegedly told
a staff member at the Attorney General’s Office, a nephew of Mugabe, that
his uncle should leave office. The police are using this allegation to
justify this politically motivated charge. The Public Order and Security
Act of 2002 introduced a range of overbroad and vague criminal offenses
that violate the right to free expression. The law criminalizes criticism
of the president, whether his person or his office.
COPY THE ENCLOSED LETTER AND SEND IT TO THE ADDRESS
PROVIDED..
Target adresses:
Mr Robert Gabriel Mugabe, Office of the President,
Munhumutapa Building, Samora Machel Avenue, Causeway, Harare Zimbabwe
Letter:
Your Excellency,
I am deeply concerned following
reports that Human rights Lawyer Harrison Nkomo was arrested..
On 7 May 2008 at 2:30 p.m. on ,
Harrison Nkomo was arrested near his office in central Harare and is
being held at the Law and Order Section of Harare Central Police station.
He faces the criminal charges of “insulting or undermining the authority
of the head of state” under the Public Order and Security Act of 2002.
Nkomo recently defended Barry Bearak, a New York Times correspondent
arrested for working without accreditation on April 3, 2008 and held for
four days before being deported.
I believe that Nkomo is arrested for
apparent opposition activities, in particular his work to defend victims
of human rights violations in Zimbabwe. I am concerned for the physical
and psychological integrity of Dzimbabwe Chimbga and of all members of
Zimbabwe Lawyers for Human Rights.
I urge the authorities in Zimbabwe
to:
1. release immediately Harrison Nkomo and drop all charges politically
motivated . ;
2. Guarantee the security and
physical and psychological integrity of Harrison Nkomo;;
3. Ensure that all human rights
defenders in Zimbabwe, including lawyers, carrying out their legitimate
work in the defence of human rights, are able to operate free of
restrictions and reprisals.
I respectfully remind you that the
United Nations Declaration on the Right and Responsibility of Individuals
Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, adopted by consensus by
the UN General Assembly on 9 December 1998, recognises the legitimacy of
the activities of human rights defenders, their right to freedom of
association and to carry out their activities without fear of reprisals.
I would particularly draw your
attention to Article 11: “Everyone has the right, individually and in
association with others, to the lawful exercise of his or her occupation
or profession (...),” and to Article 12 (2): “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, threat, 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.”
Yours sincerely,
TAKE ACTION
NOW
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