Mr Patrick Chinamasa, Minister of Justice
Ministry of Justice, Legal and Parliamentary Affairs
5th Floor Corner House
Private Bag 7751
Causeway
Harare
Zimbabwe

13 November, 2007

Dear Minister Chinimasa,

We are writing to you on behalf of the International Bar Association’s Human Rights Institute (IBAHRI) to express grave concern at the disregard shown by the Zimbabwean Republic Police for the Zimbabwean Constitution by arresting the Attorney General of Zimbabwe. Attorney General Gula-Ndebele was arrested on Tuesday 6 November and charged under the Criminal Procedure act, for allegedly meeting an individual listed as wanted by the Zimbabwe Republic Police.  It is reported that the Attorney General has since been suspended from his duties.

Zimbabwean law requires that any concerns relating to the Attorney General are brought to the attention of the President’s office, and subsequently, that a board of enquiry comprised by experts is established to investigate the allegations.  This procedure is established in the Zimbabwean Constitution under Article 110, titled Tenure of office of certain persons.  Subsection (2) of Article 110 states that the Attorney General, “shall not be so removed except in accordance with the provisions of this section.” Further, Subsection (3) provides that the Attorney General  “.....shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (5) and that tribunal has advised the President that he ought to be removed from office for inability to discharge the functions of his office or for misbehaviour.”

Such procedures are essential to ensure that the important work of the Attorney General’s office is not undermined, the reputation of the office is not damaged nor the security of the staff compromised.  

The arrest by the Zimbabwe Republic Police of the Attorney General on 6 November 2007 bypassed the procedure established by Zimbabwean law. The arrest of the Attorney General is the latest in a series of unlawful actions by the police which apparently seek to undermine the Attorney General and prevent him and his officers carrying out their professional duties. In this regard, the United Nations Guidelines on the Role of Prosecutors in Article 4 requires that “States shall ensure that prosecutors are able to perform their professional functions without intimidation, hindrance, harassment, improper interference or unjustified exposure to civil, penal or other liability.”

As you may know the IBAHRI published a report on 7 November 2007 titled “Partisan policing: an obstacle to human rights and democracy in Zimbabwe”, a copy of which has been sent to you.  For ease of reference the report can be downloaded from http://www.ibanet.org/images/downloads/11_2007_October_Report_Zimbabwe_Partisan_policing_Final.pdf. The report was published following a visit to the country by a delegation of legal experts. The IBAHRI delegation received worrying reports of physical and verbal abuse meted out by the police to prosecutors.  The IBAHRI was informed that the Attorney General’s powers are being usurped by the police and that pressure, extending to intimidation and physical threats is being exerted by police officials against prosecutors to press for prosecution in certain cases. This is in flagrant breach of Section 76 (7) of the Zimbabwean Constitution which states that: “In the exercise of his powers under subsection (4) or 4 (a), the Attorney-General shall not be subject to the direction or control of any person or authority.”

We should be grateful of your assurances that this matter will be thoroughly investigated and the results of any investigation made public.  The actions of the Zimbabwe Republic Police force in relation to the Attorney General defy the proper procedures and undermine the rule of law. We should appreciate receiving your assurances that the Constitution will be respected and followed by all state officials, including the Zimbabwe Republic Police force.

Further, we should like to take this opportunity to draw your attention to the recommendations made to the Zimbabwean authorities in relation to the Zimbabwe Republic Police force and the rule of law in the IBAHRI report, and look forward to hearing how the problems identified in the report will be addressed by the Zimbabwean authorities.

Yours sincerely,

Ambassador Emilio Càrdenas                         
Justice Richard Goldstone
Human Rights Institute Council Co-Chairs

CC:  Mr. Augustine Chihuri, Commissioner of Police;
        Mr Khembo Mohadi, Minister of Home Affairs;