Mr Patrick Chinamasa                                                   Mr Augustine Chihuri

Minister of Justice                                                         Commissioner of Police

Ministry of Justice, Legal and Parliamentary Affairs          Zimbabwe Republic Police

Post Bag 7751                                                              Police Headquarters

Causeway                                                                     PO Box 8807

Harare                                                                          Causeway 

Zimbabwe                                                                     Harare

22 March 2007

Dear Minister and Commissioner,

Call to end attacks and threats against lawyers in Zimbabwe

We are writing on behalf of the Human Rights Institute (HRI) of the International Bar Association (IBA) in connection with a number of reports received of official attacks and threats against lawyers in Zimbabwe.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the IBA influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The HRI 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 the legal profession worldwide.

We have received a number of reports that police and other officials have been threatening lawyers involved in representing persons detained by the Government of Zimbabwe following the prayer meeting in Highfield on 7 March 2007.

The following incidents have been reported:

§         On 20 March, Ms Beatrice Mtetwa, a prominent human rights lawyer, and her assistant were violently manhandled and threatened by police officers whilst serving them court papers;

§         On 19 March, lawyer Mr Harrison Nkomo was threatened with arrest by Assistant Commissioner Mabunda when he tried to serve court processes and notices;

§         On 18 March, Mr Andrew Makoni, was threatened with ‘disappearance’ at the Harare police station whilst attempting to serve a High Court order on the Assistant Commissioner;

§         On 17 March, lawyer Mr Tafadzwa Mugabe was threatened with assault and arrest when trying to assert his clients’ rights to leave the country to access medical treatment in South Africa;

§         Also on 17 March 2007, lawyer Mar Dzimbabwe Chimbga, was threatened by officials at the airport when returning to Harare, and was told to stop taking up cases involving opposition members;  

§         On 11 March 2007, Mr Harrison Nkomo was assaulted with a baton by officers at Machipisa Police Station after inquiring about the whereabouts of the opposition leaders arrested following the prayer meeting on 7 March. 

We would like to take this opportunity to remind you of Zimbabwe’s obligations under international law. 

Article 14 of the International Covenant on Civil and Political Rights and Article 7 of the African Charter on Human and Peoples' Rights guarantee the right to legal counsel of one’s choosing.  Zimbabwe is a party to both these instruments, and so is bound by these articles.  The opposition members involved in the prayer meeting on 7 March 2007 are therefore entitled to be represented by lawyers of their own choosing.

The IBA would also like to remind you of the provisions of the Basic Principles on the Role of Lawyers, which guarantee the right of all persons to be assisted by a lawyer to protect their rights and to defend them in all stages of criminal proceedings.  The Basic Principles require the Government of Zimbabwe to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance or harassment.  Further, the Government of Zimbabwe is obliged to ensure that lawyers shall not suffer or be threatened with sanctions for any action as part of their professional duties.  In situations where the security of lawyers is threatened as a result of discharging their duties, they must be adequately safeguarded by the authorities. 

The recent attacks on lawyers by Zimbabwean government officials violate the rights of its lawyers under the Basic Principles. We urge you to take steps to hold those individuals responsible for ordering and carrying out any of these actions accountable and to ensure that lawyers are able to perform their role without fear of violence or intimidation.

We should be grateful to receive your assurances that our concerns will be addressed as a matter of urgency.

Yours sincerely,