(MISA/IFEX) – On 25 January 1999, the managing editor of the “Standard” newspaper, Clive Wilson, was released unconditionally after the Attorney General refused to prosecute him for what he said was the police’s lack of evidence. **Updates IFEX alerts of 27 January, 25 January, 22 January, 21 January, 18 January, 15 January and 13 January […]
(MISA/IFEX) – On 25 January 1999, the managing editor of the “Standard”
newspaper, Clive Wilson, was released unconditionally after the Attorney
General refused to prosecute him for what he said was the police’s lack of
evidence.
**Updates IFEX alerts of 27 January, 25 January, 22 January, 21 January, 18
January, 15 January and 13 January 1999**
Wilson appeared in the Magistrate’s Court in Harare on 25 January after
spending three nights in jail. He was arrested by police in his office on 22
January and was expected to be charged under Section 50 of the Law and Order
Maintenance Act (LOMA). While Wilson was free to go, the police reportedly
said they were still looking around for other evidence and may still charge
Wilson under another section of the law.
Meanwhile, the Minister of Home Affairs, Dumiso Dabengwa, says that strong
measures will be put in place to protect the military against bad press and
ensure political stability in the country. Quoted in “The Herald”, Dabengwa
justified the government’s use of the archaic LOMA legislation, saying the
proposed new law, the Public Order and Security Bill, did not protect the
army against media allegations.
The Minister went on to warn journalists against publishing lies in the name
of freedom of expression and said that “he will not sit idle and do nothing
while the security of the army is being undermined by a few misinformed
individuals who have their own hidden agenda.”
Reacting to his statements, MISA-Zimbabwe said it condemned any threats made
to the media.
“We take these threats seriously as they have grave implications for media
freedom and development in Zimbabwe. We also fear that the government may
make drastic amendments to the Public Order and Security Bill or, worse
still, revert permanently to the LOMA,” the organisation said in a
statement.
Background Information
Wilson’s arrest came less than a day after the release on bail of the editor
of “The Standard”, Mark Chavunduka and reporter, Roy Choto. Chavunduka was
detained by the military on 12 January, two days after “The Standard”
published a story alleging that about twenty three soldiers had been
detained for attempting to overthrow the government of Robert Mugabe. During
his incarceration, Chavunduka was denied access to legal representation, a
doctor, family and friends.
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 Chavunduka
be released before 10 p.m. (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 by police on 19 January, and then handed over to the
military for interrogation.
On 21 January, shortly after the two journalists had been released on bail,
they recounted how they had been tortured at the hands of the military. Both
men were beaten all over their bodies with fists, wooden planks and rubber
sticks, particularly on the soles of their feet, and given electric shocks
all over the body, including the genitals. They were also subjected to the
“submarine”, where their heads are wrapped in plastic bags and then
submerged in a water tank until they suffocate.
Both men have been charged under the LOMA of 1960 for publishing false
reports that were “likely to cause alarm, fear or despondency to the public,
or section thereof.” The offence carries with it a maximum prison sentence
of seven years. They were not asked to plead and were remanded to appear for
trial on 22 February. They were also instructed to surrender their travel
documents.
The LOMA was due to be repealed this year and replaced by the less draconian
but still problematic Public Order and Security Bill. The Bill was approved
by parliament last year and was waiting to be gazetted. Observers have told
MISA that the current situation indicates that the Bill may have been
effectively put on hold.
Recommended Action
Send appeals to authorities:
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.
