Since the arrest of Mr Chin’ono, his legal representatives have been the focus of constant harassment by the Zimbabwean authorities. Most recently, on 14 August 2020, a cohort of around 50 soldiers was sent to march in front of Ms Mtetwa’s office in a blatant effort to intimidate her.
IBA Executive Director Dr Mark Ellis, commented: ‘When Emmerson Mnangagwa took up office as President of the Republic of Zimbabwe he promised a “new democratic Zimbabwe”. However, with arrests of whistle-blowers, those with dissenting voices and veiled threats being made to independent lawyers, democracy and justice are being pushed further out of reach. Neither Hopewell Chin’ono nor Beatrice Mtetwa should be facing victimisation for simply doing their jobs. Mr Chin’ono should be released immediately.’
There have been a catalogue of Zimbabwe Constitution, rule of law and human rights violations, including Mr Chin’ono being:
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denied the right to speak with counsel without a prison officer present. This is in direct violation of section 50 (5)(b) of the Zimbabwean Constitution;
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denied the protection of sections 61 and 62 of the Zimbabwe Constitution, which expressly guarantee the right to freedom of expression, including media freedom and the freedom to protest against government failure to act in the public interest;
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ill-treated, with reports citing prevention of access to appropriate food and warm clothing;
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shackled with leg cuffs, which Ms Mtetwa requested the Zimbabwe Prison and Correctional Services remove when he appeared in court; and
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denied the right to a third bail hearing being heard in open court. Members of the public and media practitioners have been barred from attending.
IBAHRI Co-Chair and former Justice of the High Court of Australia (1996 – 2006), the Hon Michael Kirby AC CMG, commented: ‘The IBAHRI reminds the Zimbabwean authorities that Article 14(1) of the International Covenant on Civil and Political Rights provides “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.” Denying Mr Chin’ono the right to have his bail hearing heard in open court, when the issue is of public interest, is a direct contravention of this well-established international legal instrument. Further, Article 9 of the African Charter on Human and Peoples’ Rights also protects free expression, as does Article 19 of the Universal Declaration of Human Rights. Zimbabwean President Mnangagwa had said that he would support greater freedom of expression after his predecessor Robert Mugabe was deposed. It is now time for journalists and lawyers to benefit from that aspiration.’
On 24 June 2020, the IBAHRI addressed an open letter to President Mnangagwa, urging him to release lawyers arrested for carrying out their professional duties and to respect the independence of the legal profession.
IBAHRI Co-Chair, and immediate past Secretary-General of the Swedish Bar Association, Anne Ramberg Dr jur hc stated: ‘The IBAHRI is extremely concerned by the pattern of systemic harassment, humiliation, intimidation and confinement by the Zimbabwean authorities of people who have different perspectives and/or expose situations that are detrimental to society. The freedoms of expression and access to information are inalienable rights enshrined in Zimbabwe's national, regional and international commitments, including the 1991 Windhoek Declaration. The intimidation and arbitrary detention of Zimbabwean journalists are completely contrary to these obligations. A free press is a fundamental human right and essential to democracy. Mr Chin’ono is an investigative journalist and should be released.’
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Notes to the Editor
- The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, it was born out of the conviction that an organisation made up of the world's bar associations could contribute to global stability and peace through the administration of justice.
- The International Bar Association’s Human Rights Institute (IBAHRI), an autonomous and financially independent entity, works 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.
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