Zimbabwe: Confiscation of documents carried by human rights lawyer Dzimbabwe Chimbga

Your Excellency,

I am deeply concerned following reports that documents carried by human rights lawyer Dzimbabwe Chimbga were confiscated by security agents at Harare International Airport on 2 May 2008. Dzimbabwe Chimbga works with Zimbabwe Lawyers for Human Rights (ZLHR), a non-governmental organisation committed to upholding respect for the rule of law and the unimpeded administration of justice, free and fair elections, the free flow of information and the protection of constitutional rights and freedoms in Zimbabwe.

On 2 May 2008, Dzimbabwe Chimbga had gone through airport security at Harare International Airport and was on his way to Swaziland for the 42nd Ordinary Session of the African Commission on Human and Peoples' Rights (ACHPR) when he was stopped at the immigration check-point by security agents who seized nine confidential sets of documents containing information of human rights violations which was to be used by ZLHR in cases against the Government of Zimbabwe. Copies of election reports were also taken. Dzimbabwe Chimbga's details were taken down and he was told by the security agents that they would “deal with him when he returns to Zimbabwe”. He is currently still in Swaziland attending the Session of the African Commission.

I believe that Dzimbabwe Chimbga has been targeted because of his legitimate work as a human rights defender, in particular his work to defend victims of human rights violations in Zimbabwe. I am concerned for the physical and psychological integrity of Dzimbabwe Chimbga and of all members of Zimbabwe Lawyers for Human Rights.

I urge the authorities in Zimbabwe to:

1. Carry out an immediate, thorough and impartial investigation into the confiscation of the documents from Dzimbabwe Chimbga, and immediately return all documents which were confiscated from him;

2. Guarantee the security and physical and psychological integrity of Dzimbabwe Chimbga and of all members of Zimbabwe Lawyers for Human Rights;

3. Ensure that all human rights defenders in Zimbabwe, including lawyers, carrying out their legitimate work in the defence of human rights, are able to operate free of restrictions and reprisals.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals.

I would particularly draw your attention to Article 11: “Everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession (...),” and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threat, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”

Yours sincerely,