The MDC expresses its deep concern and outrage regarding the pre-emptive arrests of ZCTU members and our colleagues in the MDC, the alleged denial of access to them by lawyers and alleged assaults of them by state operatives this week.
Notwithstanding the provisions of POSA, the Zimbabwean Constitution is quite clear regarding the right that Zimbabweans have to demonstrate peaceably. The provisions of POSA used by the ZANU PF regime to arrest people exercising this fundamental constitutional right are fascist laws no different to those used by the white minority regime in terms of LOMA. They were bad laws then and are no different now. LOMA did not prevent the legitimate demands of the people from being realised and in the same way POSA will not succeed ultimately in denying the people their rights. The sooner the regime realises that these laws will not solve the Zimbabwean crisis the better. The regime is advised to repeal POSA and then sit down with all Zimbabweans to negotiate a solution to the calamitous situation afflicting our nation.
We are especially concerned about reports that state agents have denied access by lawyers to those detained and that several of those detained have been severely assaulted. These two breaches of rights usually go hand in hand – when lawyers can’t get in to see their clients law enforcement agencies the world over feel they have licence to torture. That is the very reason why the United States Supreme Court recently, and very correctly, ruled that the denial of access to lawyers in Guantanamo Bay offended the American Constitution. Sadly this practice is routine in Zimbabwe and has been for decades. It must stop immediately and those responsible for both the denial of access and torture must be identified, rooted out of whatever state agency they belong to and prosecuted.
A specific call is made on the Attorney General to investigate these reports of denial of access and torture. It is the Attorney General’s responsibility to ensure that Zimbabwe’s Constitution is obeyed by all, especially by state agents and the police in particular. We expect that he will call for an urgent investigation into these allegations and that he will vigorously prosecute those responsible for these outrages if the allegations are found to be correct.
In any democratic country if subordinates are found guilty of serious human rights allegations the Minister under whom they fall take responsibility and resign. This is not the first time that the police, CIO and youth brigade in Zimbabwe have been accused of torture – there have been persistent reports (many backed by irrefutable medical evidence) over the last few years of these agencies being engaged in acts of torture.
Article 2 of the UN Convention against Torture and Other Cruel, Inhuman or degrading Treatment or Punishment states:
“Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction”.
It is clear to all reasonable people that the ZANU PF regime has failed to comply with this basic international obligation. In particular the Minister of Home Affairs, Minister Kembo Mohadi, has failed to prevent torture being used by the police. He is deeply aware of the issue because it has been raised on several occasions with him in Parliament. He should also be acutely empathetic because he himself suffered torture at the hands of this regime in the 1980s. In all the circumstances we call upon him to resign.
Finally we are cognisant that this regime has in the past simply denied that torture has been used and so is likely to do so again. With this in mind the ZANU PF regime is reminded that “torture is an international crime over which international law and the parties to the Torture Convention have given universal jurisdiction to all courts wherever the torture occurs”. We are keeping records of those responsible for these heinous acts and will use all the means at our disposal to bring the culprits to book.
Martin Luther King once said “Where evil men would seek to perpetuate an unjust status quo, good men must seek to bring into being a real order of justice”. That is precisely what we are doing and as sure as day follows night a real order of justice will be brought to Zimbabwe.
The Hon. David Coltart MP
Shadow Minister of Justice
Bulawayo
15th September 2006