UN EXPERT CALLS UPON INTERNATIONAL COMMUNITY TO TAKE ACTION TO STOP DETERIORATION IN RULE OF LAW IN ZIMBABWE

2 September 2002


The following statement was issued on 30 August 2002 by the Special Rapporteur of the United Nations Commission on Human Rights on the independence of judges and lawyers, Dato' Param Cumaraswamy:
The United Nations Special Rapporteur on the independence of judges and lawyers again expressed his outrage about the continual undermining of the independence of the judiciary and the attacks on the rule of law in Zimbabwe.
The Special Rapporteur has received information that Walter Chikwanha, a magistrate in Chipinge, Manicaland had been assaulted and dragged out of court by a group of so-called "war veterans", supporters of President Mugabe, after he refused to place into custody several individuals, including five members of the main opposition party, the Movement for Democratic Change.
The Special Rapporteur has also been informed that after attacking the magistrate, the group of individuals went after the lawyer for the MDC officials, Langton Mhungu and vandalized his car. As a result, the lawyer concerned and his family have left Chipinge for Mutare. In protest of these actions, magistrates and prosecutors of Manicaland went on strike from 19 to 23 August.
"The provision of adequate protection to judges and lawyers when their safety is threatened is a basic prerequisite for safeguarding the rule of law," Mr Cumaraswamy stated. "This is simply fundamental, in order to guarantee the right to a fair trial by an independent and impartial tribunal and the protection of human rights."
"The apparent failure to do so in this case represents a serious threat to the independent judicial system in Zimbabwe. Unfortunately, this represents another example of the Government of Zimbabwe's continuing disregard for the independence of the judiciary and contempt for the rule of law. The assault on the magistrate within the four walls of his court house can only be viewed as a blatant attack on the rule of law."
The Special Rapporteur called upon the Government to publicly condemn these acts of violence against the judiciary, to reassert its commitment to the independence of the judiciary and to prosecute all those responsible for this heinous act. The Special Rapporteur also called upon the international community to redouble its efforts to ensure that the rule of law is respected in Zimbabwe.



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