The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Zimbabwe on 13 August 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 9 September 2024.
Since the sending of the communication, Namatai Kwekweza, Robson Chere and Samuel Gwenzi were granted bail on 4 September 2024 and subsequently released. Their trial on charges of “disorderly conduct” is currently ongoing.
This is a shorter version of the original communication.
BACKGROUND
Topic: the alleged enforced disappearance, cruel treatment, arbitrary detention and judicial prosecution of Namatai Kwekweza, Robson Chere and Samuel Gwenzi.
Ms. Namatai Kwekweza is a woman human rights defender, pro-democracy campaigner and founder of civil society organisation WeLead, which is focused on empowering youth, and in particular young women. She has also advocated in support of constitutionalism in Zimbabwe.
Mr. Robson Chere is a teacher, labour rights defender and Secretary General of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ). ARTUZ is a trade union that works in rural areas, defending the rights of educators and teachers. The organisation, which has 35,000 members, advocates against inadequate working conditions, wages, and accommodation for rural teachers as well as poor provision of training.
Mr. Samuel Gwenzi is a local councillor.
ALLEGATIONS
On 31 July 2024, at approximately 12.50 p.m., Ms. Namatai Kwekweza, Mr. Robson Chere and a third individual, local councillor for Citizens Coalition for Change, Mr. Samuel Gwenzi, were forcibly removed from a departing flight at Robert Gabriel Mugabe International Airport in Harare. Unidentified men, suspected to be State security agents though wearing Aviation Company of Zimbabwe uniforms, escorted the three to a high security zone in the airport and held them incommunicado until 9.00 p.m.
During their approximately eight hours of incommunicado detention, the three individuals were not provided with any reason as to the cause of their detention, in contravention of section 50 of the Constitution of Zimbabwe, which states that any person who is arrested “must be informed at the time of arrest of the reason for the arrest”.[1] The human rights defenders also had their electronic devices confiscated.
Multiple attempts by their lawyers and colleagues to locate them during this time were unsuccessful. Hence, Ms. Namatai Kwekweza, Mr. Robson Chere and Mr. Samuel Gwenzi were subjected to enforced disappearance. In this regard, it is worth recalling that, in order to constitute an enforced disappearance, the deprivation of liberty of an individual must be followed by a refusal to acknowledge such deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law, regardless of the duration of the said deprivation of liberty or concealment thereof.
While held incommunicado and being forcibly disappeared, the three individuals were reportedly subjected to torture and other cruel, inhuman or degrading treatment or punishment. Ms. Namatai Kwekweza, who had recently undergone a dental procedure, had a shoe and a mental bar forced into her mouth, causing her significant distress. Mr. Robson Chere was beaten with an iron bar on the soles of his feet, buttocks and lower back while his dreadlocks were cut off with a knife. His attackers further allegedly threatened to kill him or rape his wife if any protests occurred in run-up to the Southern African Development Community (SADC) summit scheduled for 17 August 2024 in Harare. Mr. Robson Chere was also allegedly waterboarded. The third individual, Mr. Samuel Gwenzi, was reportedly beaten and his family members threatened.
At approximately 9.00 p.m. on 31 July 2024, the three were reportedly handed over to the Zimbabwe Republic Police – Criminal Investigation Department, Law and Order section and transferred to Harare Central Police Station. Only then were they informed that they were being charged with “disorderly conduct” under section 41 of the Criminal Law Codification and Reform Act and permitted access to legal representation. The charges levelled against the human rights defenders relate to their alleged participation in a rally on 27 June 2024 calling for the release from detention of Citizens Coalition for Change interim leader Mr. Jameson Timba.
Ms. Namatai Kwekweza was not in Zimbabwe on 27 June 2024. Her passport, which was confiscated by the unidentified men who abducted her, shows evidence of this fact. Mr. Robson Chere also has an alibi, as does Mr. Samuel Gwenzi. Notwithstanding the foregoing, freedom of peaceful assembly is guaranteed under section 59 of the Constitution of Zimbabwe.
On 1 August 2024, a doctor from the Zimbabwe Association of Doctors for Human Rights examined Mr. Robson Chere in Harare Central Police Station. The doctor determined that the human rights defender had suffered extensive soft tissue injuries and was at very high risk of developing acute kidney injury. The doctor advised his immediate admission to hospital for treatment. During an initial court appearance on 2 August 2024, lawyers of Mr. Robson Chere requested that he be moved to hospital for treatment. The magistrate responded that he would be treated by doctors from the Zimbabwe Prisons and Correctional Services.
A bail hearing, originally due to take place on 2 August 2024, was postponed until 5 August 2024. That hearing carried over into 6 and 7 August 2024. During this time the human rights defenders were remanded in custody despite the offence with which they had been charged being a fineable offence. In opposing their bail, the prosecutor cited “overwhelming evidence against” the accused and their risk of absconding. Given Ms. Namatai Kwekweza was not in Zimbabwe at the time of the alleged events and the alibi she provided was not investigated, there was no basis for such opposition. Furthermore, the fact that Ms. Namatai Kwekweza is no longer in possession of her passport, and it is thus highly unlikely she would flee the jurisdiction, make the reasons provided for opposition to bail appear arbitrary.
CONCERNS
In the communication, we express our most serious concern at the reported enforced disappearance and arbitrary arrest of, and alleged acts of torture and other cruel, inhuman or degrading treatment or punishment against, Ms. Namatai Kwekweza, Mr. Robson Chere, and Mr. Samuel Gwenzi, which appear to be in retaliation for their work promoting and protecting human rights. We are further concerned by the allegations regarding their continued detention, charging, denial of bail and denial of adequate medical attention.
[1] Constitution of Zimbabwe https://faolex.fao.org/docs/pdf/zim127325.pdf
