24 January 2006

Dear Attorney-General,

I am writing to you on behalf of the International Bar Association to express our concern about the arrests and prosecutions of persons connected with Voice of the People Radio (VOP).

The International Bar Association is a global federation of lawyers, Law Societies and Bar Associations that works to influence the development of international law reform and shape the future of the legal profession. Its 195 Member Organisations and 20,000 individual members cover all continents. The IBA’s Human Rights Institute works across the Association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and legal profession worldwide.

We strongly condemn the renewed clampdown on media freedom and the unlawful use of the State’s powers of arrest during policing operations relating to the investigation of VOP.

We refer in particular to the unlawful and unacceptable arrest and prosecution of Anesu Kamba and Charles Nyamufukudzwa that is clearly directed at securing the co-operation of their employer, VOP Trustee, Arnold Tsunga.  The two were arrested and detained for allegedly obstructing the course of justice by failing to inform investigating officers of the whereabouts of Arnold Tsunga.  These arrests on 21 January 2006 followed the arrests on 15 December 2005 of Maria Nyanyiwa, Nyasha Bosha and Kundai Mugawanda who were reportedly detained for four days and subsequently released without charge. Those arrests were apparently made in order to persuade the Executive Director of VOP, to avail himself for questioning.  We are gravely concerned at what appears to be an emerging pattern of illegitimate use of arrest as a device to secure the presence of suspects. We call for respect for the rule of law and of basic human rights standards in all criminal investigations.

We also condemn the use of draconian provisions of the Broadcasting Services Act, which are inconsistent with the Zimbabwean Government’s obligation to guarantee freedom of expression under the Universal Declaration of Human Rights and the African Charter.  International bodies, including the African Commission for Human and Peoples’ Rights, have consistently recognised that Zimbabwe’s media laws violate international law and should be reformed.   We note also that the use of this legislation is counter to recent commitments made by the Minister of Information to reform those provisions of the legislation that are inconsistent with international human rights standards. We had hoped that the Minister’s statements would be the beginning of concrete measures towards respect for media freedom in the country and we call upon you to halt all prosecutions under this legislation until such a time as Zimbabwean law is reviewed and brought in line with international standards.

Respectfully Yours,

Justice Richard J. Goldstone                                   Ambassador Emilio Cárdenas Human Rights Institute Council Chair                       Human Rights Institute Council Chair