Welcome to the United Nations 
OHCHR 
Press releases Special Procedures
Default title
21 February 2001
Share
21 February 2001
The Special Rapporteur on the Independence of Judges and Lawyers United Nations Commission on Human Rights, Dato' Param Cumaraswamy, today again registered his concern with the Government of Zimbabwe over recent developments reflecting a further deterioration in the independence of the judiciary.
The Special Rapporteur sent an urgent appeal to the Government after receiving further information that Mike Moyo, a member of the Liberation War Veterans Association, stated that squads of the war veterans would invade the houses of judges refusing to resign and that they would harm those judges and their families.
Mr. Cumaraswamy stated that "harassment, intimidation, attacks and threats against an independent judiciary and its judges will in fact be seen as a direct assault on the rule of law. The rule of law which is so pivotal for democracy and sustainable development in any country, now has deteriorated further and appears to be very much in jeopardy in Zimbabwe." The Special Rapporteur further stated that "If these further threats and intimidation are true, then the earlier assertion of the Government on 12 February 2001 that the “judiciary is alive and thriving in Zimbabwe” cannot possibly be sustained."
In his communication, the Special Rapporteur drew the Government’s attention to the United Nations Basic Principles on the Independence of the Judiciary and to the Vienna Declaration and programme of action of the 1993 World Conference on Human Rights, as well as to Article 26 of the African Charter on Human and Peoples Rights, which holds that:
“States parties to the present Charter shall have the duty to guarantee the independence of the courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the Charter”
The Special Rapporteur added that "the obligation to guarantee an independent judiciary implies the State’s obligation to protect and defend the judiciary from intimidation, harassment, attacks and threats from any quarter or for any reason. On the contrary, it is extremely disturbing to note from information received that members of the executive in Zimbabwe are heard actively expressing and encouraging such attacks."
Mr. Cumaraswamy concluded by once again urging the Government to comply with its obligations undertaken under international and regional instruments and guarantee the independence of the judiciary, protect the safety of the judges, honour the judgements of the Supreme Court and restore the rule of law. He has made similar calls over the last few weeks.
* *** *
The Special Rapporteur on the Independence of Judges and Lawyers United Nations Commission on Human Rights, Dato' Param Cumaraswamy, today again registered his concern with the Government of Zimbabwe over recent developments reflecting a further deterioration in the independence of the judiciary.
The Special Rapporteur sent an urgent appeal to the Government after receiving further information that Mike Moyo, a member of the Liberation War Veterans Association, stated that squads of the war veterans would invade the houses of judges refusing to resign and that they would harm those judges and their families.
Mr. Cumaraswamy stated that "harassment, intimidation, attacks and threats against an independent judiciary and its judges will in fact be seen as a direct assault on the rule of law. The rule of law which is so pivotal for democracy and sustainable development in any country, now has deteriorated further and appears to be very much in jeopardy in Zimbabwe." The Special Rapporteur further stated that "If these further threats and intimidation are true, then the earlier assertion of the Government on 12 February 2001 that the “judiciary is alive and thriving in Zimbabwe” cannot possibly be sustained."
In his communication, the Special Rapporteur drew the Government’s attention to the United Nations Basic Principles on the Independence of the Judiciary and to the Vienna Declaration and programme of action of the 1993 World Conference on Human Rights, as well as to Article 26 of the African Charter on Human and Peoples Rights, which holds that:
“States parties to the present Charter shall have the duty to guarantee the independence of the courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the Charter”
The Special Rapporteur added that "the obligation to guarantee an independent judiciary implies the State’s obligation to protect and defend the judiciary from intimidation, harassment, attacks and threats from any quarter or for any reason. On the contrary, it is extremely disturbing to note from information received that members of the executive in Zimbabwe are heard actively expressing and encouraging such attacks."
Mr. Cumaraswamy concluded by once again urging the Government to comply with its obligations undertaken under international and regional instruments and guarantee the independence of the judiciary, protect the safety of the judges, honour the judgements of the Supreme Court and restore the rule of law. He has made similar calls over the last few weeks.
* *** *