The MDC expresses its deep concern and outrage regarding the events of the last few days in which political leaders, civic leaders and supporters have been arrested, tortured and denied access to lawyers and medical treatment. The murder by state agents of Gift Tandare marks another very disturbing development and is condemned.
It is important to recall that the opposition has a demonstrable record in the last 7 years of holding peaceful political rallies, and the church even more so. It is Zanu PF that has a record of violence. Accordingly the police general ban on political meetings for 3 months is unjustifiable in the first place.
However the general ban on all political meetings throughout Zimbabwe is also unlawful. As bad as POSA is, it does not allow the police to issue widespread banning orders as it has sought to do. Notwithstanding the provisions of POSA, the Zimbabwean Constitution is quite clear regarding the right that Zimbabweans have to demonstrate peaceably. POSA is clear that the police are obliged to consider each case on its merits and it cannot lightly disregard the fundamental right contained in the Constitution for people to demonstrate and meet peaceably. What the police have in effect done is issue a general ban reminiscent of the State of Emergency which ended in 1990. There is no declared State of Emergency and to that extent the police have acted completely unlawfully in purporting to issue a general ban as they have done.
Even if the regime is of a mind to argue that it does have this general power it should be reminded that the provisions of POSA used by the ZANU PF regime to deny people fundamental constitutional rights 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. The situation has now been greatly exacerbated by the murder of Gift Tandare, the unlawful arrest of Morgan Tsvangirai, Arthur Mutambara and many other leaders and activists.
The denial of access by lawyers to those detained and the reports that many of those detained have been severely assaulted is a very serious development. 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 last year, 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. In September last year the practice was employed against Trade Union leaders. Our demands made then that the practice end were ignored. This practice 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.
When a similar call was made last September the Attorney General ignored that call. No prosecutions have been brought by the Attorney General against those responsible, despite video tape evidence clearly showing the identity of those responsible for the unlawful assaults and torture. If the Attorney General ignores our demands made again now he will be held personally responsible. It is well known that impunity fosters torture; if those responsible for torture are not brought to book they are bound to torture again. It is only the Attorney general who has the Constitutional power to bring the culprits to book.
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 jurisdictionâ€.
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.
It would appear as if the Zanu PF regime is prepared to defy the world and use whatever means to frustrate legitimate expressions of opposition to its misrule of Zimbabwe. The torture and denial of access by lawyers and doctors to Morgan Tsvangirai, Arthur Mutambara and the rest of our colleagues, coming so soon after the similar treatment meted out to Trade Union leaders last year is a clear sign that Robert Mugabe himself and other Zanu PF leaders feel they can act with impunity.
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 occursâ€. 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.
All those responsible for these outrages over the last few days must understand that they are on notice – these acts will not be forgotten and we will use the full force of international law in future to bring all those responsible to justice.
It is now time for those Zanu PF members who quietly disagree with what is happening and other regional leaders to speak out against this vile conduct. Mere silence amounts to condonation.
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 justiceâ€.
That is precisely what we are doing and as sure as day follows night a real order of justice will be brought to Zimbabwe. But it is difficult for those struggling within Zimbabwe to do so alone. Apartheid was not ended solely through the efforts of South African patriots; it was achieved through their concerted efforts which were supported by massive international support and action. That support and action has largely been missing and the international community has allowed Zimbabwe to degenerate into the grave crisis it is in today.
It is high time the international community acted to assist those trying to bring about a new order of democracy in Zimbabwe. There has been far too much talk and far too little action from the international community. What is required is urgent, vigorous, proactive diplomatic activity by Southern African nations in conjunction with international institutions such as the UN and EU.
David Coltart MP
Shadow Minister of Justice
13th March 2007