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IDHAE INFORMATION
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On August 22, 2007, a person
calling himself Moyo from the office of the Zimbabwe African National Union -
Patriotic Front (ZANU PF, ruling party) called Mr. Kucaca Phulu’s office and
spoke to the receptionist. This person said that Mr. Phulu had been seen with
one of his client who is charged for “armed robbery” and wanted for arrest.
He then threatened Mr. Phulu with harm for representing him and said that if
his client could not be found, Mr. Phulu would be “killed” in his place. The Observatory is deeply concerned
by those threats which illustrate the situation of extreme insecurity faced
by lawyers and human rights defenders in Zimbabwe. These facts, which occur
in the context of organised and systematic violence against human rights
defenders and political opponents, are a violation of the provisions of the
United Nations Declaration on Human Rights Defenders, which states in its
article 11 that “everyone has the right, individually and in association with
others, to the lawful exercise of his or her occupation or profession”. The Observatory finally draws the
attention of the Zimbabwean authorities to paragraph 17 of the Basic
Principles on the Role of Lawyers adopted by the UN Congress on the
Prevention of Crime and the Treatment of Offenders in 1990, which state that
“where the security of lawyers is threatened as a result of discharging their
functions, they shall be adequately safeguarded by the authorities”. ACTIONS REQUESTED: Please write to the Zimbabwean
authorities urging them to: i. Guarantee in all circumstances
the physical and psychological integrity of Mr. Kucaca Phulu and put an
immediate end to any kind of threats or reprisals against him; ii. Order a thorough and
impartial investigation into the above-mentioned events, in order to identify
all those responsible, bring them before a civil competent and impartial
tribunal and apply to them the penal, civil and/or administrative sanctions
provided by the law; iii. Put an end to any kind of
act of harassment and threats against all human rights defenders in the
country; iv.Conform with the provisions of
the UN Declaration on Human Rights Defenders, adopted by the UN General
Assembly on December 9, 1998, especially 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 realisation of human rights and
fundamental freedoms at the national and international levels”, article 11
above-mentioned and article 12.2, which states 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”; v.Conform with the provisions of
the Basic Principles on the Role of Lawyers adopted by the UN Congress on the
Prevention of Crime and the Treatment of Offenders in 1990; vi.Ensure in all circumstances
respect for human rights and fundamental freedoms in accordance with
international human rights standards and international 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
Mr. Khembo Mohadi, 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, Legal and Parliamentary
Affairs, Ministry of Justice, Legal and Parliamentary Affairs, Fax: + 263 4
77 29 99 / +263 4 252 155
Mr. Augustine Chihuri, Police Commissioner, Police Headquarters, P.O.
Box 8807, Causeway, Harare, Zimbabwe, Fax : +263 4 253 212 / 728 768 / 726
084
Mr. Sobuza Gula Ndebele, Attorney-General, Office of the Attorney, PO
Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 77 32 47
Mrs. Chanetsa, Office of the Ombudsman 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.net PLEASE SEND APPEALS IMMEDIATELY. |
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