Speaking truth to power | Avocat des droits de l'homme | Advogada | Alumni
@UPTuks
| Tweeting & retweeting for various reasons | Gardons les yeaux ouverts.....
This is an appreciation post to the *Citizen Journalist* who took these photos (critical evidence) of the abduction in progress......sec 50 of 🇿🇼 Constitution was not followed, or sec 24 of the Criminal Procedure & Evidence Act......without your bravery *Unknown Citizen
Today I had a great conversation with my learned brother
@JMafume
. I last met him at
@SadcLawyers
AGM. He is a long standing member of
@ZLHRLawyers
, & having worked with him on various human rights related cases/issues in various spaces in the past, he has a sharp legal mind.
1.
@ZLHRLawyers
searched at Hre Central, Milton Park, Warren Park, Rhodesville, Mbare, Matapi, Stoddart & Braeside Police Stations, failing to locate
@JoanaMamombe
, Cecilia & Netsai. Legally speaking, this is an enforced disappearance & a violation of sec 86(3) of Constitution
1// I saw
@JobSikhala1
& Godfrey Sithole this weekend. Their sec 50 rights (2013 Const) constantly disregarded willy-nilly & with impunity:
1) Being denied access to the whole legal team as ZPCS is rationing numbers mero motu.
2)Job was denied access to his Doctor yesterday
Very disturbed and appalled that
@PoliceZimbabwe
have arrested our
@ZLHRLawyers
Communications Officer who is a registered free-lance journalist
@KumbiraiMafunda
. He was at Rottenrow court covering our cases.
Breaking:
@JoanaMamombe
&
@ceechimbiri2
are currently detained at Hre Central on allegations of violating
#COVID19
Regs. They had gone to fulfill reporting conditions stipulated in pending cases. It is pertinent to note their arrest is exactly 2 days before
#IWD2021
@ZLHRLawyers
Still waiting for
@ceechimbiri2
&
@JoanaMamombe
to appear before a magistrate. MDC-A youth leaders have been arrested many times. 🇿🇼 Gvt must protect women human rights defenders. In
#COVID19
era state must stop arbitrary arrest, pre-trial detention.
@ZLHRLawyers
@SAHRDNetwork
On 9 March 2015, I received news that Itai Dzamara had been abducted. Itai would come to our
@ZLHRLawyers
offices to request for legal assistance. The previous week, without appointment he passed by, he was in a good mood. I did not know that was the last time I would see him.
Interesting thread by
@daddyhope
. Seeking readmission means 🇿🇼 Gvt will have to comply with Commonwealth (Latimer Hse) Principles adopted in 2003. They provide framework on good governance & rule of law. So much for sovereignty argument when we actively seek readmission.
1. Today I was invited to meet with the
@commonwealthsec
visiting team to Zimbabwe led by Professor Luis Franceschi
@lgfranceschi
I started by telling them that my life was turned around through a 2 year Commonwealth Visa that allowed me and many others to work in Britain.
I am reliably informed that
@ProfMadhuku
appeared at Hre Central with duo, he advised
@PoliceZimbabwe
to arrest him too since he was at same presser that has now led to
@JoanaMamombe
+
@ceechimbiri2
. Officers refused to arrest saying they did not have instructions to arrest him.
Breaking:
@JoanaMamombe
&
@ceechimbiri2
are currently detained at Hre Central on allegations of violating
#COVID19
Regs. They had gone to fulfill reporting conditions stipulated in pending cases. It is pertinent to note their arrest is exactly 2 days before
#IWD2021
@ZLHRLawyers
The practice of torture is barbaric, archaic. Torture is a crime against humanity. It is a jus cogen norm. Torture is regarded as part of customary international law & all states are bound by customary international law. It is very sad that Robson Chere was severely tortured
First minutes out of ZPCS custody for
@JobSikhala1
, he is seen here together with his lawyer
@bamujm
of
@ZLHRLawyers
. Lawyers have had to go for regular
#COVID
tests in order to be allowed access to Chikurubi Maximum.
1. I have just finished reading the transcribed ruling in the case of State v Alan Moyo (bail application on changed circumstances) all I can say is pane nyaya, there is a story. We need holistic judicial reforms.
@obeyshava1
@bamujm
@Wamagaisa
@ZLHRLawyers
@YoungLawyersZW
Despite the clear obligation in 🇿🇼Constitution on the 'Police Service' to respect rights of arrested & detained person, none of the CSO personnel has been afforded their sec 50 rights. They are detained incommunicado.
This is a clear sign that the police have arrested an
1. After speaking to
@MakomboreroH
I am concerned that we have a Police "Service" that recieves an unarmed young man who has been accosted movie-style or rather nightmarish style, after being fired at multiple times.
@PoliceZimbabwe
must investigate the manner of this arrest.
Lawyers continue to be denied access. On ZBC police have admitted that they arrested to investigate. The Criminal Procedure & Evidence Act is clear. Investigate first & arrest after establishing reasonable suspicion.
The estimated number is 40 until all staff are accounted for.
An estimated 40 CSO staff being held incommunicado since +2100 hours on 23 August 2023.
The more time passes without access to lawyers, it will become an enforced disappearance.
@balde_aua
@UN_SPExperts
@cvoule
After talking to
@namataik_
I just want to restate that torture is part of customary international law. It is a crime under international law. Perpetrators of torture should be weary of traveling beyond 🇿🇼s borders. There is universal jurisdiction for torture. All the four were
Torture is an international criminal law offence: a crime under international criminal law. Whoever commits torture can be prosecuted in another country (jurisdiction) even if their home government has not criminalised torture. 🇿🇼 cannot protect those who torture beyond its
ZLHR BREAKING NEWS: Zim High Court has vindicated 2 victims of torture, Harare West MP Hon.
@JoanaMamombe
&
@ceechimbiri2
, one of opposition
@CCCZimbabwe
party leaders by acquitting them on charges of communicating falsehoods for allegedly faking their abduction&torture in 2020
An Appeal against refusal by magistrate to admit Alan Moyo to bail on grounds that he is of no fixed abode, was filed at High Court. Bail is a right & entitlement in 2013 🇿🇼 Const. In the Appeal
@obeyshava1
of
@ZLHRLawyers
says court a quo, misdirected itself & erred at law.
Receiving extremely disturbing reports of targeting of CSO staff members involved in election activities. Including raiding of offices, detention etc.....
@ZLHRLawyers
1. Associating a lawyer with the cause of their client must be condemned in the most robust sense. Rule of law, not rule by law. Respect the rule of Just Law.
UN Basic Principles on the Role of Lawyers state:
- Lawyers shall not be identified with the client's cause; -
1. Lawyers under siege in 🇿🇼! 2 lawyers,
@DougColtart
& Tapiwa Muchineripi of
@ZLHRLawyers
, representing 2 CCC members who had been abducted & were receiving treatment at a hospital in Harare, have been arrested & charged with obstructing the course of justice.
@SRjudgeslawyers
@advocatemahere
Civil partnership now recognised & impact on distribution of matrimonial property. If you can not show sole ownership all three of four, if civil partners married to others have to share. Divorce court is about to get to another level 🙃
United Nations Basic Principles on the Role of Lawyers state:
- Lawyers shall not be identified with the client's cause;
- Authorities shall safeguard the security of lawyers when under threat;
- Lawyers shall not be threatened with prosecution, economic or admin sanction.
Top CCC Lawyer Obey Shava was this evening viciously attacked by 4 men who broke his legs and left him battling for his life. The safety of our citizens must be uppermost on the state’s agenda particularly during this crazy season. Wishing this champion a speedy recovery.
1. The Constitutional cases leading to levelling of charges against Advocate Thabani Mpofu
@adv_fulcrum
were filed to challenge Constitutional basis of appointing current Prosecutor General (PG). Basis of applications was that the PG did not perform well in interviews.
Torture is an international criminal law offence: a crime under international criminal law. Whoever commits torture can be prosecuted in another country (jurisdiction) even if their home government has not criminalised torture. 🇿🇼 cannot protect those who torture beyond its
Recent and repeated arrests of
@daddyhope
&
@JobSikhala1
an affront to UN Human Rights Council Resolution on 'Freedom of Opinion and Expression' passed on 14 July 2020. This Resolution seeks to protect freedom of expression online and offline.
Very sad indeed. The right to life is sacrosanct. The death of CCC supporter was avoidable. The statements by eyewitness are telling. The allegations of selective application of the law is unacceptable & unconstitutional. The right to freedom of association & assembly must be
To protect students at UZ
@ZLHRLawyers
have been trying to file Urgent Application since 1930 hrs challenging eviction of students from halls of residents. Some students do not have alternative accomodation or money to travel back home. High court staff have been unreachable.
Case Update: Bail hearing & determination in case of Alan Moyo (Appeal at High Court) has been unduly delayed. National Prosecuting Authority representative one Richard Chikosha did not file state response by 12:00 hrs as ordered by Justice Webster Chinamora
@ZLHRLawyers
A big shout out to my teammates, 4 of us had to take PCR tests 3 times in space of 1 month for access to HRDs detained at Chikurubi Maximum. Despite irritation of PCR we have not wavered though exposing ourselves to
#COVID19
, Tinomuda Shoko,
@PaidaSaurombe
, Tinashe Chinopfukutwa
This is a threat to our Statehood under International Law. Neighbours must respect our territorial boundaries & not stroll willy-nilly threatening 🇿🇼an citizens with violence in the process. The Berlin Conference boundaries still apply.
As a patriotic human rights lawyer, who loves my country, I have seen comments about whether some Ministers can still act as Ministers after dissolution of parliament & last meeting of cabinet. This is what the Constitution says
@obeyshava1
lets do constitutional literacy here👇
It looks like Busha J appears just on nomination & is just participating for
@nelsonchamisa
not to appear number one on the *Ballot Paper* In 2018 Busha was on number 1 on Ballot paper again.
Nonetheless its a political right to stand & be voted into office provided in the human
These are the presidential candidates for 23 August 2023 elections :
Busha J
Chamisa N
Chikohora T
Kasiyamhuru B
Kasukuwere S
Madhuku L
Mnangagwa E
Mubaiwa
Muzorewa G
Mwonzora D
Wilson HP
1. As a member of the African Union, having ratified the African Charter on Human & Peoples' Rights, the govt of 🇿🇼 must be guided by the Principles & Guidelines on the Right to a Fair Trial & Legal Assistance in Africa developed by the African Commission on Human and Peoples'
Today, Zengeza West constituency MP & lawyer Hon. Job Sikhala clocks up one year in jail after he was arrested last year by
@PoliceZimbabwe
officers & charged with committing a litany of offences.
1.This morning I saw
@ceechimbiri2
,
@JoanaMamombe
&
@MarovaNetsai
at RottenRow Crt. They will appear in Crt at different times today. My big shout out today for them is that in Feb when the duo where arrested & detained at Chikuribi again they referred a lady who was being ...
Defiance of court orders has far reaching economic implications. Which investor will confidently invest in a country with no rule of law? Where there is no guarantee that protection of rights or other interests by courts of law will be upheld?
The
#ICJ
encourages the authorities in
#Zimbabwe
to comply with court order in
#DrMagombeyi
case for his release for further treatment. It is a requirement for the rule of law and sets a good example to people in the country to respect the courts and separation of powers
State actors accuse civil society of stage managing violations before key international & regional events. They even say civil society is unpatriotic.
Who is unpatriotic now, tarnishing image of 🇿🇼 by failing to simply comply with Constitutional provisions on rights of suspects
An estimated 40 CSO staff being held incommunicado since +2100 hours on 23 August 2023.
The more time passes without access to lawyers, it will become an enforced disappearance.
@balde_aua
@UN_SPExperts
@cvoule
Sec 208(2)(a-c) Const provides - security sector players must not:
1) Act in partisan manner;
2) Further interests of political party of choice;
3)Prejudice lawful interests of any political party or cause;
4) Violate rights & freedoms
@SiphoMalunga
@DeproseM
@gladyshlatywayo
One really wonders how & why whoever apprehended
@MakomboreroH
had to fire live bullets at him. This was an unarmed youth, why use excessive force on an unarmed civilian? Who really accosted Makomborero
@PoliceZimbabwe
? What was motive of firing live bullets?
Charges against
@MakomboreroH
are:
1)Kidnapping (locking doors at Impala)
2)Criminal nuisance (spray painting gates & security wall at ZEC)
3)Participating in a gathering to promote public violence
4) Contravening COVID19 Regs
He will be detained overnight at police station.
It is infuriating that
@ngadziore
, the youngest MP was abducted and tortured on 1 November set aside as
#AfricaYouthDay
by the African Union. The identified perpetrators must be held accountable at their personal level including ensuring that when awards for monetary damages are
Today is International Day of Women & Girls in Science - 11 Feb 2021. A big shout out to
@JoanaMamombe
has 'Degrees' in Biotechnology & Molecular Biology. Persecution of Joana unacceptable, state must instead provide her & other 👩⚕️scientists funds to explore 🇿🇼
#COVID19
vaccine.
Counting down to International Day of Women & Girls in Science -11 Feb 2021- woman in science,
@JoanaMamombe
with graduate/post graduate academic qualifications in 'Biotechnology' & 'Molecular Biology' must not be in prison now but contributing to finding African
#COVID
vaccine.
But protest is a right not a privilege. As long as they do so within the confines of the law & peacefully. The 🇿🇼 Constitution does not suspend protest because SADC is in town. SADC presence is not a derogation of the right to protest.......the response is rather heavy-handed.
Plans to protests during SADC Summit.
"Those that are saying they will be in the streets, we will meet them in the streets, and if they're going to be in streets unlawfully, then they will see what the law is about," says the governing ZanuPF Director of Information Marapira.
IPEC has taken note of the grievances that have been raised regarding funeral assurance products design and pricing. Below is our full statement on the matter;
IN OTHER NEWS:
McDonald Moyo of Zimbabwe Lawyers for Human Rights (ZLHR) shocked delegates at the 73rd session of the African Commission on Human Rights, when he confessed that his organization receives funding from the govt of the USA.
The PVO Bill wants this disclosure
1.Over 10 yrs ago we marched against then AG, some prosecutors, selective application of draconian laws. UN Basic Principles on Role of Lawyers: Lawyers in promoting justice shall seek to uphold human rights & fundamental freedoms in national & international law....
@ZLHRLawyers
We need patriotic state actors who:
Respect the Constitution;
Defend the Constitution;
& Observe 🇿🇼 human rights obligations espoused in a plethora of human rights treaties & charters that 🇿🇼 has voluntarily agreed to be bound by, as a member of the African Union & United
To escalate blatant violations of rights in Constitution - sec 50 (accessing lawyers, food etc) sec 86(3) on rights that cannot be limited even during Lockdown,
@ZLHRLawyers
have placed
@PoliceZimbabwe
, Zim National Army *in mora*, *Habeas Corpus* application is being filed.
Despite clear human rights obligations espoused in the Constitution of 🇿🇼 and International Human Rights Instruments, the President of Zimbabwe has signed the Criminal Law Codification and Reform Act amendment Bill into law.
@UN_SPExperts
@cvoule
@RFKHumanRights
@achpr_cadhp
In 2019, I was invited by Uni of 🇿🇼 the Department of African Languages and Literature to present at their commemoration of International Mother Tongue Day. I grounded my paper & presentation on languages provisions in 🇿🇼 Const & Right to Education.
@ZLHRLawyers
@ARTUZ_teachers
2// They were denied access to Advocate
@nelsonchamisa
the other day
4) They are now concerned abt their security in Maximum Complex
5) Job could not get his 50th birthday cake today.
6) They continue to be shackled in leg irons
Pre-trial detention is a gross violation of the right to liberty.
@advocatemahere
continues to be imprisoned awaiting ruling on her application not to be placed on remand. Criminal justice players must work towards urgently decongesting prisons & other detention facilities.
Very unfortunate that certain civil rights to (liberty, life, not to be subjected to cruel, inhumane & degrading treatment) appear not to be given due weight in this jurisdiction. Especially in cases involving 'those suspected of committing crimes'
#COVID19
era
#Decongestprisons
Use of torture in this day & age is not only regrettable but barbaric & evil. That is why all countries in world qualified torture as customary international law. No state must torture citizens. Wishing Tatenda a quick recovery.
@ZLHRLawyers
@ZimHRNGOForum
@SAHRDNetwork
The abduction & subsequent torture of Tatenda Mombeyarara is not only regreattable but a violation of his right to security of the person & not to tortured or subjected to inhuman & degrading treatment.
@ZLHRLawyers
@ZimHRNGOForum
@SAHRDNetwork
@bamujm
1/ What does international law say about right to bail
African Commission on Human and Peoples' Rights has developed guidelines:
A. Principles & Guidelines on Right to a Fair Trial & Legal Assistance in Africa, 2003 sec M(1)(e) states that unless there is sufficient evidence...
3. Back to 1980 a whopping 40 yrs back when Attorney General also responsible for all prosecutions was appointed by President without undergoing public scrutiny. We need a PG appointed in transparent manner on merit to guarantee all prosecutions being done without fear or favour.
They have detained
@MarovaNetsai
, she has not been formally charged. Circumstances surrounding her arrest are curious & fly in the face of logic, considering her being detained overnight without charge contrary to sec 50 of 🇿🇼Const on rights of arrested & detained.
@ZLHRLawyers
1//Really? USD 187k for the Voters Roll? If this is the position its not only grossly unreasonable but unconstitutional. This violates Sec 155(2) of Const on reasonable access by political parties + candidates, to all material necessary to participate effectively. For CSOs...
Counting down to International Day of Women & Girls in Science -11 Feb 2021- woman in science,
@JoanaMamombe
with graduate/post graduate academic qualifications in 'Biotechnology' & 'Molecular Biology' must not be in prison now but contributing to finding African
#COVID
vaccine.
We will continue to call for
#JusticeForObeyShava
violence against lawyers or anyone must never be accepted in any civilised society. Violence must be strongly condemned!
This is the face of courage. Legendary human rights lawyer
@obeyshava1
, who was brutally assaulted recently, coming in to the High Court this morning as part of the legal team arguing that the
@CCCZimbabwe
should receive a copy of the final voters roll etc.
ZRP have a constitutional obligation to respect human rights. Practice of torture is prohibited. Sec 59 of Constitution guarantees freedom from torture, cruel, inhuman degrading treatment or punishment. Under international law, torture attracts universal jurisdiction.
Initially there was International Law granting sovereignty to states. Then Holocaust occurred. It was clear that sovereignty had to be limited. States could not be trusted with unlimited power. Human Rights Law was embraced & Universal Declaration of Human Rights was adopted.
This was long overdue. Continued presence of police & military (+ other security services) prosecutors was a blatant violation of 🇿🇼Const & National Prosecuting Authority Act. NPA had to be taken to court to force compliance with Const.
@ZLHRLawyers
Sec 208(2)(a-c) Const provides - security sector players must not:
1) Act in partisan manner;
2) Further interests of political party of choice;
3)Prejudice lawful interests of any political party or cause;
4) Violate rights & freedoms
@SiphoMalunga
@DeproseM
@gladyshlatywayo
.
@TapiwaMuchiner2
- Tapiwa Muchineripi welcome to the league of human rights lawyers arrested & prosecuted for doing their work, or during the course of their duties. You join senior
@ZLHRLawyers
, like Alec Muchadehama,
@makonia2010
(Andrew Makoni), Beatrice Mtetwa, who were
1/Since taking oath of office on 10 Dec 03, I must say very little has changed. I have grey hair now, & at long last the road to Maximum was resurfaced. ZPCS has changed the colour of uniforms for inmates.BUT their attitude towards human rights lawyers has not changed at all.
1/Well, story of my lawyerly life at Maximum. Since 2008, I have had to assert my right to privacy with various clients, every time! It gets tiring to keep telling them that they can *See* only that I am not running away with client, but not hear my privileged conversations!
But its not about him not being a civil servant. Its all about section 207 & 208 of the 🇿🇼 Constitution. If he is still a member of the Zimbabwe Defence Forces, then he cannot hold any position whether ex officio or not in any political party, he cannot further the interests of a
📹 Responding to the outrage over his appointment of Zimbabwe Defence Forces commander General Phillip Valerio Sibanda to the Zanu PF politburo, a partisan political body, President Mnangagwa claims the country's top soldier is not a civil servant and will not vote in meetings
@nickmangwana
Clearly you need to learn more about international law, & international human rights law, how this area of law has evolved over the years on how states relate to each other.
1.The so called 'Standing Orders' are not above the Constitution of Zimbabwe which states in sec 2(1)- This Constitution is the supreme law of 🇿🇼 & any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
Shackling of
@daddyhope
& other select pre-trial detainees in leg irons, chains, is not only inhumane, degrading treatment but exposes the heavy handed, discriminatory treatment of some detainees. This is not acceptable.
@misazimbabwe
@ZLHRLawyers
@CPJAfrica
The abduction & subsequent torture of Tatenda Mombeyarara is not only regreattable but a violation of his right to security of the person & not to tortured or subjected to inhuman & degrading treatment.
@ZLHRLawyers
@ZimHRNGOForum
@SAHRDNetwork
@bamujm
1. Its with great sadness & regret that
@ZLHRLawyers
confirms the abduction and severe assault, torture by 6 heavily armed unidentified men from his home early this morning. During the assault/torture they interrogated him about Maldives training.
@SAHRDNetwork
@ZimHRNGOForum