(MISA/IFEX) – On 21 January 1999, detained journalists Mark Chavunduka and Roy Choto appeared in the Harare High Court for the first time since their arrest. Chavunduka, the editor of the “Standard” newspaper, was arrested by the military on 12 January following the publication of a story reporting on an alleged coup plot against the […]
(MISA/IFEX) – On 21 January 1999, detained journalists Mark Chavunduka and
Roy Choto appeared in the Harare High Court for the first time since their
arrest. Chavunduka, the editor of the “Standard” newspaper, was arrested by
the military on 12 January following the publication of a story reporting
on an alleged coup plot against the government of President Robert Mugabe.
Choto, the author of the story, was arrested on 19 January after being in
hiding for several days.
**Updates IFEX alerts of 21 January, 18 January, 15 January and 13 January
1999**
The two journalists have been charged under Section 50 (2) of the Law and
Order Maintenance Act of 1960. This section prohibits the publication of
false news and carries with it a maximum sentence of seven years. The Act is
currently under review and is due to be replaced by the Public Order and
Security Bill. However, numerous bureaucratic delays as well public
disapproval of certain sections of the Bill have delayed its approval and
implementation by parliament. The Bill effectively repeals Section 50 (2) of
the existing law.
At this stage it is not clear whether any bail application has been made on
behalf of Chavunduka and Choto, nor is it clear whether they are still in
the hands of the military or the police.
Background Information
Chavunduka was detained by the Zimbabwean military on 12 January, two days
after the “Standard” published the story alleging that about twenty three
soldiers had been detained for attempting to overthrow the Mugabe
government. During his incarceration, Chavunduka has been denied access to
legal representation, family and friends and no one knows his exact state of
health.
On 14 January, the Zimbabwean High Court ordered the government to release
Chavunduka arguing that his detention was unlawful. The government
(military) however refused to abide by the court order saying civilian
courts have no jurisdiction over military camps where Chavunduka was being
held. A second order was issued by the High Court, demanding that the
Minister of Defence produce Chavunduka before 22:00 hours (local time) on 18
January. Again the military defied this and instead pretended it would be
handing Chavunduka over to the police to be charged under a civil process.
Choto was arrested on 19 January after police shrewdly persuaded the
newspaper’s lawyers to convince Choto to come out of hiding. The lawyers
were led to believe that both journalists would be charged under the
(civilian) Law and Order Act, that they would have access to their lawyers
and families and that they would be able to apply for bail.
Recommended Action
Send appeals to authorities:
without
having access to lawyers, doctors, or family
violation of the right to freedom of expression as contained in Article 19
of the International Covenant on Civil and Political Rights and Article 9 of
the African Charter on Human and Peoples’ Rights, of which Zimbabwe is a
signatory
Appeals To
His Excellency President Robert Mugabe
Office of the President
Causeway, Harare
Zimbabwe
Fax: +263 4 708 557Mr Moven Mahachi
Zimbabwe Minister of Defence
Fax: +263 4 796 762
Please copy appeals to the source if possible.
