Leading Zimbabwean Human Rights Lawyer Faces Death Threats

UPDATE: On September 25, a magistrate judge of the Court of Harare refused to grant a third postponement request by the government, saying that the trial is “becoming a circus.” This decision could mean a speedier resolution to the case, putting an end to the cumbersome reporting requirements and other conditions of bail the defendants currently bear. The VOP trustees still cannot operate the radio station, and the equipment seized by the police in their raid of December 2005 still has not been returned. The next hearing has not been scheduled.

Human Rights First has worked closely with Mr. Tsunga for many years and fears that now his life and liberty are in grave danger. We ask that you take action to support him.

Human rights defenders like Mr. Tsunga have become lonely voices of dissent in Zimbabwe as independent media outlets have been closed down and opposition political parties are being stifled. As a result, they face severe persecution.

In Zimbabwe, where the judiciary lacks independence, the best way we can help protect Mr. Tsunga is to show the Zimbabwean government that the world is aware and watching.

Please join Human Rights First in asking that the threats on his life cease and that the charges against him are dropped.

Tell Me More

Arnold Tsunga is a highly respected lawyer and outspoken advocate for human rights in Zimbabwe. He is the chairperson of ZIMRIGHTS, a grassroots organization that monitors human rights violations occurring in Zimbabwe, and the executive director of Zimbabwe Lawyers for Human Rights (ZLHR). He also serves on the board of directors of a number of internationally respected Zimbabwean human rights, independent media, and student organizations.

Mr. Tsunga and ZLHR provide legal representation to victims of human rights abuses, including human rights defenders who are arrested and jailed; conduct trainings in human rights for Zimbabwean lawyers; and conduct information sessions for Zimbabwean citizens about their rights under Zimbabwean, African, and international law. Mr. Tsunga also collaborated closely with Human Rights First to mobilize regional and international pressure on President Mugabe’s government, urging it to respect the rights of all Zimbabweans.

It is because of this invaluable work that Mr. Tsunga has become a target of his government. Like other leading human rights defenders in Zimbabwe, over the last few years he has been harassed and threatened by the Zimbabwean authorities. In 2002, he was seized without warrant by government officers, held for 4-5 hours, and then beaten in full view of the public.

But the new threats against him are an escalation in the danger Mr. Tsunga faces. Since the main opposition party in Zimbabwe, the Movement for Democratic Change (MDC), lost parliamentary seats in late 2005, the most potent critics of Mugabe’s government have become credible, independent human rights defenders like Mr. Tsunga. As a result, defenders are under much greater risk of surveillance, arrest, beating, and murder now than ever before. In this context, the criminal charges against him and the threat to his life are cause for grave concern.

On January 21, 2006, in the early hours of the morning, two police officers and one soldier forcibly entered Mr. Tsunga’s home. Finding Mr. Tsunga not at home, the officers took his housekeepers to the police station and would not release them until Mr. Tsunga presented himself for questioning and arrest. While in custody for four days, the three workers were severely beaten, one suffers a perforated eardrum as a result. The police appear to have unlawfully detained these workers in an attempt to place pressure on Mr. Tsunga, and those responsible for this should be held accountable for their actions.

When Mr. Tsunga reported to the police station, he and five others were charged with operating a broadcasting service in Zimbabwe without a license under Section 7.1 of the criminal code, an offence that carries a two year sentence. All six of the charged individuals serve on the board of a radio station called Voice of the People which is registered, located, and operated in Madagascar. The law does not apply to this radio station and, therefore, the charges appear to have been fabricated as a way to intimidate Mr. Tsunga and his colleagues. Mr. Tsunga was permitted to see a judge right away, and was granted bail for 4 million Zimbabwean dollars (about $80) with a weekly reporting requirement. A hearing will take place on February 10.

Furthermore, on January 26, a soldier came to the ZIMRIGHTS office, asking to meet with Mr. Tsunga. He was not in the office, but a colleague managed to convince the soldier to explain his business. The soldier, who was behaving in a nervous and agitated manner, explained that a hit squad of the Military Intelligence Corps was monitoring Mr. Tsunga’s movements and had an order to kill him. The soldier claimed that he had come to see Mr. Tsunga to warn him of the danger he was in. It is possible that this soldier intended to kill Mr. Tsunga on that day.

Soon thereafter, an editor of the Zimbabwean newspaper The Standard came to see Mr. Tsunga at his ZLHR office and told him that he saw a member of the military outside the office, perhaps conducting surveillance on Mr. Tsunga’s activities. There is therefore a credible threat by the Zimbabwean authorities against Mr. Tsunga’s life. In Zimbabwe, where judges are intimidated by government, legislation silences independent media, and vigilante mobs attack human rights defenders, Mr. Tsunga is vulnerable to attack for his non-violent advocacy of human rights.

Sample Letter:

President Robert Mugabe
c/o H.E. Machivenyika Tobias Mapuranga
Ambassador of Zimbabwe to the United States
1608 New Hampshire Avenue, N.W.
Washington, D.C. 20009

President Mugabe:

I am deeply troubled by the recent harassment and threats against the lawyer Arnold Tsunga, Executive Director of Zimbabwe Lawyers for Human Rights. I understand that Mr. Tsunga is facing prosecution under spurious charges and has also received credible threats to his life from a member of the Zimbabwean military. I protest vigorously against the way he has been treated and urge your government to cease all proceedings and threats against Mr. Tsunga.

On January 21, 2006, in the early hours of the morning, two police officers and one soldier forcibly entered Mr. Tsunga’s home. Finding Mr. Tsunga not at home, the officers took his housekeepers to the police station and would not release them until Mr. Tsunga presented himself for questioning and arrest. While in custody for four days, the three workers were severely beaten, one suffers a perforated eardrum as a result. The police appear to have unlawfully detained these workers in an attempt to place pressure on Mr. Tsunga, and those responsible for this should be held accountable for their actions.

When Mr. Tsunga reported to the police station, he and five others were charged with operating a broadcasting service in Zimbabwe without a license under Section 7.1 of the criminal code, an offence that carries a two year sentence. All six of the charged individuals serve on the board of a radio station called Voice of the People which is registered, located, and operated in Madagascar. This law clearly does not apply to the station in question, and therefore, the charges should be dropped immediately.

Furthermore, on January 26, a soldier came to the ZIMRIGHTS office, asking to meet with Mr. Tsunga. Mr. Tsunga was not in the office. The soldier explained that a hit squad of the Military Intelligence Corps was monitoring Mr. Tsunga’s movements and had an order to kill him. The soldier claimed that he had come to see Mr. Tsunga to warn him of the danger he was in. It is possible that this soldier intended to kill Mr. Tsunga on that day.

The Zimbabwean government should support the work of peaceful human rights advocates like Mr. Tsunga and hold accountable those who engage in intimidation or violence to obstruct their legitimate activities. The 1998 U.N. Declaration on Human Rights Defenders, states that “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, threats, 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.”

In addition, the African Charter on Human and Peoples Rights and the Resolution on Human Rights Defenders in Africa by the African Commission, and the International Covenant on Civil and Political Rights require that the government guarantee respect of human rights and fundamental freedoms throughout the country. The work of independent human rights defenders like Arnold Tsunga is essential to your government fulfilling its obligations in this regard.

Thank you for your attention to this most serious matter. I will continue to monitor this case closely.

Sincerely,