[legal-professionals] High Court Justice arrested in Zimbabwe

In an intervention addressed to President Robert Mugabe of Zimbabwe, the
ICJ's Centre for the Independence of Judges and Lawyers (CIJL) expressed
alarm at the arrest of High Court Justice Benjamin Paradza in his chambers
on 17 February for allegedly obstructing the course of justice. Justice
Paradza has a history of passing judgements perceived as unfavourable to the
ruling authorities.


A full transcript of the intervention follows:

20 February 2003


Mr. Robert Mugabe
President
Munhumutapa Building
Harare - Zimbabwe

Mr. Patrick Chinamasa
Minister of Justice and
Parliamentary Affairs
Private Bag 7704
Causeway - Zimbabwe
Fax No. 00263 4 772994

Dear Sirs,

The International Commission of Jurists (ICJ) consists of jurists who
represent all the regions and legal systems in the world working to uphold
the rule of law and the legal protection of human rights.  The ICJ's Centre
for the Independence of Judges and Lawyers (CIJL) is dedicated to promoting
the independence of judges and lawyers throughout the world.

We are writing to you to express our alarm at the arrest of High Court
Justice Benjamin Paradza in his chambers on 17 February for allegedly
obstructing the course of justice. Reportedly, Justice Paradza has been
accused of trying to influence another judge presiding over a murder case
involving one of his acquaintances. Justice Paradza was released on bail of
30,000 Zimbabwe dollars and was forced to surrender his passport. He was not
asked to enter a plea. Justice Paradza reportedly also faces the alternative
charge of attempting to persuade a judge to breach a section of the
Prevention of Corruption Act.

Justice Paradza has a history of passing judgements perceived as
unfavourable to the ruling authorities, including his order last month to
release the opposition mayor of Harare, Elias Mudzuri, after he was arrested
for holding a town meeting without police authorisation. Last  year, Justice
Paradza also ordered the release of opposition supporters abducted by
followers of President Mugabe, and ruled that the eviction orders served on
approximately 50 white farmers were illegal.

As you are aware, the ICJ had previously addressed a letter to you on 18
September 2002 regarding the arrest of retired High Court Judge Fergus
Blackie on charges of contravening the Prevention of Corruption Act or
"defeating or obstructing the course of justice". The charges against
Justice Blackie allegedly arose from his decision to overturn a fraud
conviction in a criminal case without first having consulted a judicial
colleague who had co-presided over the matter. Justice Blackie had earlier
sentenced a prominent cabinet minister to three months in jail for contempt
of court.

An independent judiciary is indispensable to the protection and
implementation of human rights in a free society. Attacks against judges
have a chilling effect on the independence of the judiciary, and severely
undermine the administration of justice and the rule of law. For these
reasons international human rights standards emphasise the obligation on
States to ensure the independence of the judiciary.

In this regard, we call your attention to the United Nations Basic
Principles on the Independence of the Judiciary, adopted by the General
Assembly in 1985, which provide in relevant part that:

Principle 1: The independence of the judiciary shall be guaranteed by the
State and enshrined in the Constitution or the law of the country. It is the
duty of all governmental and other institutions to respect and observe the
independence of the judiciary.

Principle 2: The judiciary shall decide matters before them impartially, on
the basis of facts and in accordance with the law, without any restrictions,
improper influences, inducements, pressures, threats or interferences,
direct or indirect, from any quarter or for any reason.

In addition, the African Charter on Human and Peoples' Rights, which was
ratified by Zimbabwe in May 1986, provides that State Parties "shall have
the duty to guarantee the independence of the Courts" (Article 26).

The ICJ is further concerned that all investigations into the alleged
misconduct of Justice Paradza be done in a fair and impartial manner and in
accordance with the International Covenant on Civil and Political Rights,
which was ratified by Zimbabwe in April 1999. In particular, Article 14 (1)
of the ICCPR provides that:

All persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and
public hearing by a competent, independent and impartial tribunal
established by lawŠ

Furthermore, the UN Basic Principles on the Independence of the Judiciary
require that any charges or complaints "made against a judge in his/her
judicial and professional capacity shall be processed expeditiously and
fairly under an appropriate procedure" (Principle 17), and that "all
disciplinary, suspension or removal proceedings shall be determined in
accordance with established standards of judicial conduct" (Principle 19).

The ICJ therefore requests that your Government investigate the
circumstances surrounding the arrest of Justice Paradza, with a view to
ensuring that these charges are not politically motivated. The ICJ also
urges that in this case, as in all its relations with members of the
judiciary, your Government fully respect all international standards
relating to the independence of the judiciary.

Yours sincerely,


Louise Doswald-Beck
Secretary-General


cc:
H.E. Ambassador Boniface B. Chidyausiku
Permanent Mission of Zimbabwe to the UN Office in Geneva
Chemin William Barbey 27
1292 Chambésy
Fax No. 022 758 3044