UN EXPERT ON INDEPENDENCE OF JUDICIARY DEEPLY CONCERNED OVER ARREST OF ZIMBABWE LAW SOCIETY OFFICIALS

6 June 2002



The following statement was issued today by the Special Rapporteur of the United Nations Commission on Human Rights on the Independence of Judges and Lawyers, Dato’ Param Cumaraswamy:


The UN Special Rapporteur on the Independence of Judges and Lawyers, Dato’ Param Cumaraswamy, expressed his deep concern over the arrest and detention of the President of the Law Society of Zimbabwe, Sternford Moyo and its Executive Secretary, Wilbert Mapombere, in Harare on June 3, 2002 for alleged possession of “subversive” documents relating to the mass action allegedly planned by the Movement for Democratic Change (MDC).

It is learnt that the home of the President and the office of the Law Society were searched for the alleged documents by the police and no such alleged documents were found. However, both the President and the Executive Secretary are charged under the draconian Public Order and Security Act for an offence which provides for a maximum 20 years imprisonment.

The Special Rapporteur has also been informed that recently the President on behalf of the Law Society published a report expressing the Society’s concerns, inter alia, on the pressures on the judges resulting in the resignation of several judges.

The UN Basic Principles on the Role of Lawyers provides, inter alia, that lawyers shall seek to uphold human rights and fundamental freedoms recognised by national and international law.

From the information received the Special Rapporteur believes that both the leaders of the Law Society have been arrested, detained and charged for expressing their association’s concerns over the deterioration of the rule of law in Zimbabwe.

The Special Rapporteur has previously in press statements and his report to the fifty-eighth Session of the Commission on Human Rights last April expressed very grave concerns over the deterioration of the rule of law and acceleration of governmental lawlessness in Zimbabwe. This latest arrest and detention further reflects the continuation of the systematic attacks on the independence of judges and lawyers by the Government and its agencies.

The Special Rapporteur calls on the Government of Zimbabwe to comply with its international obligations and respect the role of lawyers and release the two leaders of the Law Society and withdraw all charges against them unconditionally.