[legal-professionals] Zimbabwe: Detention and reports of inhumane treatment of retired judge

INTERNATIONAL BAR ASSOCIATION
NEWS RELEASE
For Immediate Release
Thursday, 19 September 2002

The IBA's Human Rights Institute Expresses Grave Concern at the Detention 
and Reports of Inhumane Treatment of Retired Judge in Zimbabwe

The International Bar Association (IBA) has today written to the Attorney 
General of Zimbabwe, Andrew Chigovera, to express grave concern about the 
arrest and detention of former Justice Fergie Blackie.

The IBA has been advised that Chief Justice Chidayausiku reportedly ordered 
the Police Commissioner, Augustine Chihuriover, to investigate the conduct 
of retired Justice Blackie in relation to a case involving a white woman 
convicted of stealing from her employer.  Contrary to normal procedure, 
former Justice Blackie, who is 65 years of age, was arrested at 4am on the 
morning of Friday 13 September.  No formal charges at the time of arrest 
and up until his release were put forward by the police.  Sources advise 
that the allegations against Justice Blackie are without foundation.  It is 
also, in our submission, wholly inappropriate that in a matter of this 
nature an elderly gentleman should be arrested at 4am in the morning.

The IBA is extremely concerned to learn that Justice Blackie was denied
access to legal representation for the first 32 hours following his
arrest.  The IBA is also alarmed at reports that Justice Blackie was
denied medication necessary to control high blood pressure and that he was
denied a phone call to his family and food during the first 32 hours he
was detained.  The IBA in its letter to Attorney General Chigovera,
reminded the Zimbabwean Government of its obligations under Article 5 of
the African Charter on Human and Peoples Rights and Article 7 of the UN
International Covenant on Civil and Political Rights (ICCPR) which
prohibit the use of torture and ill treatment, which includes the failure
to provide medical treatment to detainees.  Further we should like to draw
the Zimbabwean Government's attention to Principle 24 of the UN Principles
for the Protection of all Persons under any Form of Detention or
Imprisonment, which obligates the detaining authorities to provide medical
treatment.

Following the visit of the IBA delegation to Zimbabwe in March 2001, the 
IBA concluded in a widely read report that the rule of law was in grave 
peril, and that the independence of the judiciary was under 
threat.  Despite assurances received from President Mugabe to the IBA 
delegation that the rule of law would be respected and the safety of judges 
ensured, the IBA has observed with extreme concern the further 
deterioration of the rule of law in Zimbabwe.

Mark Ellis, IBA Executive Director stated:  'Just when you think Mugabe 
could not possibly inflict any more pain on the people of Zimbabwe, he 
tightens his grip even more'

The IBA has asked the Attorney General to ensure that the aforementioned
irregularities will not occur again in the future.  The IBA has also asked
for assurance that the case will proceed in accordance with the principles
of natural justice, and that there will be no further breaches of
international and regional standards.


For further information please contact:
Romana St. Matthew-Daniel
Press Relations Executive
International Bar Association
E-mail: romana.daniel@int-bar.org
www.ibanet.org