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25 January 2001
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25 January 2001
The Special Rapporteur on the Independence of Judges and Lawyers, Dato' Param Cumaraswamy, expressed grave concern today over threats to the independence of the judiciary in Zimbabwe.
“Since November 2000, when the Supreme Court of Zimbabwe declared the Government's ‘fast track’ land reform program unconstitutional, the Zimbabwean judiciary has come under increasing pressure”, the Expert of the United Nations Commission on Human Rights said. “Government Ministers have publicly attacked judges accusing them of favouring whites over the majority black population and stated that the Government will no longer stand by if the judiciary passed judgements that disadvantaged blacks. The Government has also ignored the decision of the court declaring the fast track land reform program illegal”, he continued.
Members of the judiciary have also received threats from those involved in reclaiming land, stating that the judges must resign or be removed by force, he said. These threats have forced the judges of the Supreme Court to seek assurances from the Government that they will stop the threats being made against them and provide them with adequate protection. Threats and intimidation of independent judges and their institutions will necessarily be seen as attacks on the rule of law, which is the very foundation of a democratic state.
“The deterioration in the rule of law and the undermining of the independence of the judiciary is a matter of grave concern to the international community”, Mr. Cumaraswamy added, drawing the Government's attention to Principle 2 of the United Nations Basic Principles on the Independence of the Judiciary which obliges the judiciary to decide matters before them impartially "without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter for any reason".
“The state has an obligation to extend protection to those judges who have been
intimidated and threatened”, he said.
The Special Rapporteur urged the Government to respect the rule of law by respecting and implementing the decisions of the court and to support publicly the independence of the
judiciary.
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The Special Rapporteur on the Independence of Judges and Lawyers, Dato' Param Cumaraswamy, expressed grave concern today over threats to the independence of the judiciary in Zimbabwe.
“Since November 2000, when the Supreme Court of Zimbabwe declared the Government's ‘fast track’ land reform program unconstitutional, the Zimbabwean judiciary has come under increasing pressure”, the Expert of the United Nations Commission on Human Rights said. “Government Ministers have publicly attacked judges accusing them of favouring whites over the majority black population and stated that the Government will no longer stand by if the judiciary passed judgements that disadvantaged blacks. The Government has also ignored the decision of the court declaring the fast track land reform program illegal”, he continued.
Members of the judiciary have also received threats from those involved in reclaiming land, stating that the judges must resign or be removed by force, he said. These threats have forced the judges of the Supreme Court to seek assurances from the Government that they will stop the threats being made against them and provide them with adequate protection. Threats and intimidation of independent judges and their institutions will necessarily be seen as attacks on the rule of law, which is the very foundation of a democratic state.
“The deterioration in the rule of law and the undermining of the independence of the judiciary is a matter of grave concern to the international community”, Mr. Cumaraswamy added, drawing the Government's attention to Principle 2 of the United Nations Basic Principles on the Independence of the Judiciary which obliges the judiciary to decide matters before them impartially "without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter for any reason".
“The state has an obligation to extend protection to those judges who have been
intimidated and threatened”, he said.
The Special Rapporteur urged the Government to respect the rule of law by respecting and implementing the decisions of the court and to support publicly the independence of the
judiciary.
* *** *