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The
Observatory has been informed of the arbitrary detention of Mr Robson
Chere,
Ms Namatai
Kwekweza and
Mr Samuel
Gwenzi. Robson
Chere is a teacher and trade unionist, and the Secretary General of
the Amalgamated Rural Teachers Union (ARTUZ), which advocates against
teachers’ low wages, lack of electricity in rural schools and poor
working conditions as well as unsafe learning conditions for
students. Namatai Kwekweza is a human rights activist, feminist and
constitutionalism advocate, member of the Zimbabwe Human Rights
Association (ZimRights), a member organisation of FIDH, and founder
of the WELEAD trust, a youth leadership development and advocacy
organisation. Samuel Gwenzi is a pro-democracy activist, director of
the Zimbabwe Human Rights Monitors Platform and elected City
Councilor in Harare of the Citizens Coalition for Change political
party.
On
July 31, 2024, Robson Chere, Namatai Kwekweza, Samuel Gwenzi and
Vusumuzi Moyo were forcibly removed from a domestic commercial flight
at the Robert Mugabe International Airport in Harare which was headed
for Victoria Falls, west of Zimbabwe, where they were meant to attend
the African Philanthropy Conference (APC). Vusumuzi Moyo, an artist
and sound engineer travelling on the same plane, was also arrested
with them. The scene was witnessed by the other passengers and Ms
Namatai and Messrs Chere and Gwenzi alerted their lawyers who
immediately raised alarm on their whereabouts.
The
three above-mentioned defenders as well as Vusumuzi Moyo were
detained incommunicado by state agents for at least eight hours,
before they were later found by lawyers from the Zimbabwe Lawyers for
Human Rights (ZLHR). ZLHR reported that they located them at Harare
Central Police Station later on July 31. ZLHR also reported that at
least one of them, Robson Chere, had been severely tortured during
the first eight hours of their detention.
On
August 2, 2024, Robson Chere, Namatai Kwekweza, Samuel Gwenzi and
Vusumuzi Moyo were charged with “disorderly conduct in a public
place” (Section 41(b) of Criminal Code of Zimbabwe), in relation to
their alleged participation in a public peaceful march outside the
Harare Magistrates Court on June 27, 2024. The four above-mentioned
persons appeared before the Harare Magistrates Court weakened and
suffering, and according to their lawyers, they were subjected to
torture in the form of physical assault, as well as mental and
psychological torture during their detention.
On
August 5, 2024, Robson Chere, Namatai Kwekweza, Samuel Gwenzi and
Vusumuzi Moyo appeared before the Harare Magistrates Court for their
bail application hearing, which was subsequently postponed to an
unspecified date.
At
the time of publication of this Urgent Appeal, Robson Chere, Namatai
Kwekweza, Samuel Gwenzi and Vusumuzi Moyo are still arbitrarily
detained.
The
four above-mentioned persons and their lawyers laid several
complaints with the court regarding the manner in which they were
arrested at the Robert Gabriel Mugabe International Airport, in
relation to the torture to which they were subjected before
surrendering to the police officers.
The
march for which Robson Chere, Namatai Kwekweza, Samuel Gwenzi and
Vusumuzi Moyo are charged was in protest of the arrest, on June 16,
2024, and subsequent judicial proceedings against 78 opposition
members from the Citizens Coalition for Change (CCC), who were
appearing on June 27, 2024 for a remand hearing in a case in which
they are accused of attending an event to mark the Day of the African
Child without police clearance.
The
Observatory recalls that it is not the first time that Robson Chere
is facing intense repression for his peaceful human rights activism,
including arbitrary arrests, abductions and judicial harassment. In
December 2018, he was arrested twice as he was participating in the
“Salary Caravan March”, demanding for an increase in teachers’
wages. In January 2019, he was abducted and detained during a protest
against the worsening socio-economic crisis. On July 5, 2022, he was
arrested
and arbitrarily charged
with the murder of Roy Issa, a youth activist and member of ARTUZ who
died in an accident in 2016. Mr Chere was released
on bail
on July 13, 2022.
The
Observatory further recalls that the arrest of the Robson Chere,
Namatai Kwekweza and Samuel Gwenzi is part of a global crackdown on
civil society in Zimbabwe, with human rights defenders being
subjected to threats, arbitrary detentions, abductions and enforced
disappearances, as well as the adoption of restrictive legislations.
In March
2023,
the Zimbabwean parliament passed the Private Voluntary Organisation
(PVO) Amendment Bill, which restricted freedom of association giving
the government unjustifiable control over civil society groups,
causing intense contestation against the bill among civil society,
which faced fierce repression. Recently, an increasing repression on
human rights activists and civil society has been observed at a
critical time ahead of the August 17-18, 2024 Southern African
Development Community (SADC) Summit in Harare, with the government on
alert for potential disturbance of the event.
The
Observatory strongly condemns the arbitrary detention of Robson
Chere, Namatai Kwekweza and Samuel Gwenzi, which only appears to be
aimed at restricting their freedom of assembly and hindering their
legitimate human rights activities.
The
Observatory urges the Zimbabwean authorities to grant Robson Chere,
Namatai Kwekweza and Samuel Gwenzi unhindered access to timely and
adequate medical care, and to immediately and unconditionally release
them and put an end to any acts of harassment, including at the
judicial level, against them, as well as against all human rights
defenders in the country.
The
Observatory calls on the Zimbabwean authorities to carry out an
immediate investigation into the above mentioned alleged acts of
torture and ill-treatment against Robson Chere, Namatai Kwekweza and
Samuel Gwenzi and to bring the perpetrators to justice in accordance
with international standards.
The
Observatory also calls on the Zimbabwean authorities to guarantee in
all circumstances the right to peaceful assembly as enshrined in
international human rights law, and in particular Article 21 of the
International Covenant on Civil and Political Rights (ICCPR), to
which Zimbabwe is a party.
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