LAWYER AMONG THOSE ASSAULTED IN FRESH WAVE OF ATTACKS
ON OPPOSITION AND CIVIL SOCIETY IN ZIMBABWE


Take Action Now

March 25, 2025

In response to a mass stay-away action organized last week by the opposition Movement for Democratic Change (MDC) and civil society groups, the Zimbabwean authorities have launched a new wave of arrests and violent attacks across the country. Reports indicate that several hundred members of the opposition were detained during the two-day public strike and over the following days. Many people who participated in the mass action were severely beaten in the streets, in their homes, on farms and in police custody.

Philimon Bulawayo, a photographer for the independent newspaper, the Daily News, was among those arrested on March 18 by police, for carrying a camera and attempting to report on the mass action. Mr. Bulawayo was assaulted by the police upon his arrest and again at Glen View police station. Gugulethu Moyo, a lawyer and corporate affairs director of Associated Newspapers of Zimbabwe (the company that publishes the Daily News), went to Glen View that day to represent Bulawayo and inquire into the reason for his detention. While Moyo was waiting at the police station, she was approached by Jocelyn Chiwenga and Kelvin Chadenyika. Chiwenga, who is the wife of army commander Lieutenant-General Constantine Chiwenga, slapped Moyo in the face and twisted her arm. The assault continued outside the police station, carried out by both Chiwenga and Chadenyika. Moyo was punched, kicked and hit many times. Several police officers were present and witnessed the attack but did not intervene in any way.

Moyo was then taken to the police cells and held for several hours before being transferred to Harare Central Prison. She was held for two nights and denied legal representation and medical treatment. She was then released without charge.

The Lawyers Committee condemns the apparently unprovoked assault of Gugulethu Moyo and expresses increasing concern about other serious human rights abuses being committed throughout Zimbabwe. The attack on Ms. Moyo is particularly chilling, given that she went to Glen View police station in her capacity as a lawyer seeking to represent a client in custody. Moreover, Ms. Moyo’s attackers are apparently civilians, whose presence at the police station is unexplained and who were unrestrained by police officers as they carried out their assault.

RECOMMENDED ACTION

Please write to Justice Minister Patrick Chinamasa, Minister for Home Affairs Kembo Mohadi, and Police Commissioner Augustine Chihuri demanding an end to all forms of government-sponsored violence directed against peaceful opposition supporters, civil society activists, journalists, lawyers, and workers. Call upon them to launch a full investigation into complaints of physical mistreatment and torture carried out by government agents and to bring to justice all persons found to have participated in such acts. Demand that the Zimbabwean authorities comply fully with their obligations under the Constitution and international human rights law to ensure respect for freedom of expression, freedom of association and assembly, freedom from torture and other forms of cruel, inhuman or degrading treatment, and freedom from arbitrary arrest and detention.

In particular, demand that an inquiry be carried out into the assault and detention of Gugulethu Moyo and that all those who participated in or failed to respond to the attack on Ms. Moyo be held responsible for their actions. Urge the authorities to ensure that lawyers in Zimbabwe are not inhibited in any way from fulfilling their professional tasks and that there is full compliance with the UN Basic Principles on the Role of Lawyers and the UN Declaration on Human Rights Defenders.

A sample letter is provided below. You can also take action through the Lawyers Committee’s web-site.

Should you require more information, please contact Lorna Davidson (212 845 5251, Davidsonl@lchr.org)

Lawyers Committee documents on the crisis in Zimbabwe can be found on our web-site at http://www.lchr.org/defenders/hrd_zimbabwe/hrd_zimbabwe.htm

Please send your letters to:

Mr. Patrick Chinamasa
Minister of Justice, Legal and Parliamentary Affairs

Mr. Kembo Mohadi
Minister of Home Affairs
P. Bag 505D
Harare,
Zimbabwe

Mr. Augustine Chihuri
Commissioner of Police
P.O. Box CY34,
Causeway, Harare
Zimbabwe
Fax: +263 4 792621

and c/o H.E. Dr. Simbi V. Mubako
Ambassador of Zimbabwe to the United States
1608 New Hampshire Avenue, N.W.
Washington, D.C. 20009
Fax: 202 483 9326
E-mail: zimemb@erols.com

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Dear Sirs,

I would like to express my serious concern about the assault and detention of Ms. Gugulethu Moyo in Harare on March 18, 2003. This attack on a practicing lawyer in the pursuit of her professional duties is extremely disturbing, particularly as it appears to be part of an on-going campaign to threaten, harass and obstruct the work of lawyers seeking to ensure respect for the rights of their clients. In addition, the assault of Ms. Moyo took place in the context of widespread arrests, detention and physical mistreatment of people throughout Zimbabwe who sought to peacefully express their opposition to the government and its policies.

As you are aware, the opposition Movement for Democratic Change and civil society groups organized a public strike on March 18 and 19, as a form of protest against the government and its widespread human rights abuses. In response to this “stay-away,” the police arrested hundreds of opposition members or perceived supporters and reports indicate that many people were seriously beaten and otherwise physically mistreated. On March 18, a photographer from the Daily News was among those assaulted and detained by the police, as he attempted to record the day’s events. The photographer, Mr. Philimon Bulawayo, was taken to Glen View police station, where he was again beaten. Later, Ms. Guglethu Moyo arrived at Glen View to inquire into the reasons for Mr. Bulawayo’s detention and to provide him with legal representation. As Ms. Moyo waited at the police station, she was approached by Ms. Jocelyn Chiwenga and Mr. Kelvin Chadenyika, who began to verbally abuse her. Ms. Chiwenga, who is the wife of army commander Lieutenant-General Constantine Chiwenga, then slapped Ms. Moyo in the face and twisted her arm. The assault continued outside the police station, carried out by both Ms. Chiwenga and Mr. Chadenyika. Ms. Moyo was punched, kicked and hit many times. Several police officers were present and witnessed the attack but did not intervene in any way. Ms. Moyo was then taken to the police cells and held for several hours before being transferred to Harare Central prison. She was kept there for two nights and denied legal representation and medical treatment. She was then released without charge.

The assault and detention of Ms. Moyo was in blatant violation of her basic human rights to liberty and to be free from serious physical mistreatment. These rights are protected both by the Zimbabwean Constitution and by international human rights standards. In particular, the African Charter of Human and Peoples’ Rights, to which Zimbabwe is a party, provides that all forms of torture, cruel, inhuman or degrading treatment are prohibited, and that non-one may be arbitrarily arrested or detained. Similarly, the detention and mistreatment of Mr. Bulawayo violates his rights under the Constitution and international human rights law.

Moreover, the assault and detention of Ms. Moyo are in stark contradiction of the principles enunciated in the UN Basic Principles on the Role of Lawyers and the UN Declaration on Human Rights Defenders. Principle 16 of the Basic Principles on the Role of Lawyers provides that, “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.” Article 11 of the Declaration on Human Rights Defenders provides that “everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession.” In addition, according to article 12 “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.”

It is your responsibility to ensure that all persons in Zimbabwe are treated according to their basic human rights and I therefore call upon you to take immediate measures to bring an end to the physical abuse and arbitrary detention of all persons in Zimbabwe. In addition, I demand that you launch a full inquiry into the assault of Gugulethu Moyo and Philimon Bulawayo, as well as all other complaints of serious physical mistreatment by state agents. In the case of Ms. Moyo, those responsible for carrying out the attack on her should be brought to justice promptly, and those police officers who witnessed the assault and failed to intervene should be held accountable for their actions. I urge you to ensure full respect for the UN Basic Principles on the Role of Lawyers and the UN Declaration on Human Rights Defenders, in recognition of the important role played by lawyers and other human rights defenders in Zimbabwe.

I will continue to monitor these cases closely. Thank you for your attention to these most serious matters.

Sincerely,