Wednesday, 13 May 2015

First ICC Acquitted Defendant Returned to DR Congo

      
                                                                  Netherlands Rejected Asylum Claim Over Safety Fears

(Kinshasa) Mathieu Ngudjolo, the first defendant to be acquitted by the International Criminal Court (ICC), was deported to Kinshasa, Democratic Republic of the Congo, on May 11, 2015, his lawyers said. Following his acquittal by the ICC, Ngudjolo said he feared for his safety if returned to Congo. However, Netherlands immigration authorities did not find grounds to grant his asylum claim.

“We and others will be looking to the Congolese authorities to ensure Mathieu Ngudjolo’s safety and security once he is back in Congo,” said Géraldine Mattioli-Zeltner, international justice advocacy director at Human Rights Watch. “The ICC, which has an office in Kinshasa, and the Dutch embassy should closely monitor Ngudjolo’s situation for as long as necessary.”

Ngudjolo was the former chief of staff of the Front for National Integration (FNI), an armed group involved in the local and regional conflict that ravaged the Ituri province of eastern Congo in the early 2000s. He was arrested in Kinshasa by the Congolese authorities in 2008 pursuant to an ICC arrest warrant on charges of war crimes and crimes against humanity in the village of Bogoro, Ituri, in February 2003. The ICC trial chamber acquitted Ngudjolo of all charges in December 2012. The acquittal was confirmed in appeal on February 27, 2015.

Ngujdolo has filed for compensation at the ICC following his acquittal.
source:http://www.hrw.org/

Tired of presidents in West Africa changing their constitutions










             
18227481
Tired of presidents in West Africa changing their constitutions to run for third term in office and creating instability, the Economic Community of West African States (ECOWAS) is planning to enact a new clause that will prohibit presidents of member countries from staying beyond two terms.
This clause will be tabled at the next ECOWAS meeting this week. Reliable ECOWAS sources told The Finder that when adopted, the clause will bind all member states, even though proponents are not sure if member states will abide by the clause.
Political analysts say a situation whereby elected presidents who swear to protect the constitution often end up messing up the same through kangaroo referendums to remove term limits and run for third, fourth and as many terms as they want amounts to ‘civilian coup,’ which should equally be condemned as military coup d’états.
Examples are the cases in Togo, Niger, Cameroon, Burkina Faso, and Senegal.
To enforce the new clause that prohibits third term as well as all protocols, conventions, declarations and directives, ECOWAS is also considering the adoption of a new legal regime for Community Acts that will make all ECOWAS decisions immediately applicable and binding on member states and eliminate parliamentary approvals.
Information on ECOWAS website indicates that the new legal regime for Community Acts is part of the transformation of the Secretariat into a Commission.
Until now, obligations of member states were captured principally in Protocols and Conventions which are subject to lengthy parliamentary ratification processes by each member state.
These processes delayed the entry into force of the legal texts, thereby paralysing the integration process.
Decisions of the authority were, however, immediately applicable and binding on member states whilst those emanating from the Council of Ministers were only applicable and binding on the Community Institutions.
Under the new legal regime, the principle of supranational becomes more pre-eminent and there is now a de-emphasis on the adoption of Conventions and Protocols.
Community Acts will be Supplementary Acts, Regulations, Directives, Decisions, Recommendations and Opinion. Thus, the authority passes Supplementary Acts to complete the Treaty.
Supplementary Acts are binding on member states and the institutions of the community.
The Council of Ministers enacts Regulations and Directives and makes Decisions and Recommendations.
Regulations have general application and all their provisions are enforceable and directly applicable in member states.
They are enforceable in the institutions of the community. Decisions are enforceable in member states and all designated therein. Directives and their objectives are binding on all Member States.
Source: www.ghanaweb.com
Ends

Breaking News: Gambia’s Chief Justice Fired, Expelled

           
Pakistani appointed Gambia's new Chief Justice
Dictator Jammeh has just fired the Chief Justice. Justice Ali Nawaz Chowhan is also declared personna non grata. He is given 72 hours to leave the shores of The Gambia.
Kairo News got this breaking news an hour after the firing took place. Justice Nawaz attempted to preside over high profile cases without consulting or preempting his verdicts to President Jammeh.  
The sacking of Justice Nawaz is reported to have been with the acquittals of former Navy Chief Rear Admiral Sarjo Fofana. President Jammeh is said to be seriously upset with the acquittal of Sarjo Fofana and decided to demonstrate who is in-charge.
sarjo fofana
More details will follow.
Below is a news article about the appointment of Nawaz some months ago:
The Gambia has appointed a Pakistani legal expert Justice Ali Nawaz Chowhan as the country’s next chief justice, replacing the Ghanaian Mabel Agyemang who was sacked after a short spell in charge.
According to media reports on Friday, Internationally renowned Justice Ali Nawaz Chowhan took the oath of office in the presence of Gambian President Dr. Yahya Jammeh on Thursday after he was confirmed to the position.
Speaking at the occasion, the president thanked the new judiciary boss and the two judges for accepting the challenge, assuring of his government’s commitment to ensuring quality dispensation of justice.
“Every appointment comes with responsibilities and the most important responsibility is safeguarding the trust reposed in you,” Jammeh told the new adjudicators. “We have appointed you as a brother to serve your second home and I have no doubt in your ability and integrity. Justice is universal but constitutions are unique and you are sworn-in as chief justice of The Gambia to implement Gambian laws, which are not promulgated by me, the president, but by the people of The Gambia so that every Gambian and anybody in this country will live according to the laws of this country so that there would be peace and order in this country.”
The head of state also used his speech to comment on the longstanding relationship between The Gambia and Pakistan, a bond he said, that has grown into brotherly ties.
He thanked Pakistan for contributing to the continued peace and security of The Gambia. He assured the newly sworn-in officials of his support at all times.
Speaking on behalf of his colleagues, Chief Justice Chowhan said he was honoured to be accorded such a privilege to serve in the Gambian judiciary.
He commended President Jammeh for the powerful speech he delivered in Nigeria during that country’s centenary celebration. “I was particularly impressed with human rights issue, the co-existence of fellow human beings, respect for religion that was extremely great,” he said, while defining justice as “the faculty of the soul from which close actions lead to the sustenance of the system on which human civilization rests.”
http://www.geo.tv/article-140333-Pakistani-appointed-Gambias-new-Chief-Justice
Ends

Friday, 8 May 2015

Chief Ebrima Manneh’s Untold Story

Truth about Chief Manneh peeling off one by one
Truth about Chief Manneh peeling off one by one!
The reason why the government was hiding him at the time was because our CiC [Commander-in-Chied] and president, has already declared that Ebrima Manneh was not in state custody, when that is not true. It now becomes a complicated matter for Chief Ebrima Manneh, after spending years in detention, and could not be produced. 
As the Gambia joins the rest of the World to celebrate World Press Freedom Day today, May 3rd, 2015, I wish to join you (Media practitioners) in commemoration despite being a senior security officer. I am a bonafide senior citizen with a vast wealth of experience in the National Intelligence operations. As such, I wish to assure you that many of us are appreciative of your troubles and efforts towards ensuring a free society in The Gambia. I understand your pains and sacrifices for such a cause.
Today, as you commemorate this Day, I wish to extend special solidarity with the family of Journalist Chief Ebrima Manneh, who was held in incommunicado since 7th July, 2006. I will today make a ground-breaking revelation on all the information that the Gambian authorities are deliberately denying Manneh’s family, professional colleagues and the population, regarding all the events leading to his arrest by our own agents, and what he went through till his subsequent disappearance under their custody.
Just like you practitioners, we the Gambian security officers ourselves and the Gambian populace in general are no longer safe and secure, as long as our Commander in Chief (CiC) remains in power. Therefore, as discreet efforts to unseat him have so far been unsuccessful, one way we can take on him is not through Coup alone, but the quest to expose all the wrong-doings we have been executing against innocent citizens under our CiC’s directives.
I want to take the lead in this crusade, beginning with the Journalist Chief Ebrima Manneh’s case, as per the findings we have made on his whereabouts contained in our case files in the NIA, under the Office of the President.
Considering the failing trend through which our commander in chief (CiC), President Yahya Jammeh is taking, I deemed it imperative to shed light on Journalist Chief Ebrima Manneh’s disappearance. Already, some key people who know, or have hands in the disappearance of Chief Manneh are dying. Therefore, if proper measures are not instituted, a lot of information known to people will die down without any trace, testimony or proper evidence.
Based on our investigations at the NIA and as per the files available at our Desk, I noticed that Journalist Ebrima Manneh, a senior reporter of the Daily Observer newspaper, was picked up by two agents of the NIA. The officers were instructed to effect arrest on Chief Ebrima Manneh on July 7th, 2006, following The Gambia’s hosting of the 7th African Union Summit in Banjul.
Prior to his arrest, Chief Manneh had travelled to the US on the maiden direct flight of the defunct North American Airlines linking Banjul to New York.
From the NIA Red file case, Chief Manneh Vs the State, Strictly Confidential
Below is a synopsis of his activities before his arrest, events leading to his arrest and detention, as well as investigations into his case by our NIA office under the command of President Jammeh.
The US Trip
As mentioned above, Chief Ebrima Manneh, alongside Hamidou Baldeh, former marketing manager of the Observer Company, in May 2006, travelled to the United States of America on the maiden direct flight of the now defunct North American Airlines linking Banjul to New York. Going by our investigations at the NIA, this journey lasted two days and both of them returned to The Gambia.
Chief Manneh then continued his work at the Observer as a senior reporter attached to State House, covering President Jammeh’s programmes and activities. Records have shown that Journalist Manneh returned to the country and even published stories about their experience with the then newly introduced Banjul-New York North American Airlines flight. Other reports were also authored by him in the Observer, copies of which we already have here at the NIA.
The AU Summit
Going by our files, The Gambia officially hosted the 7th edition of the African Union Summit between the 2nd and 5th July 2006 and the following day, July 6th was a public holiday but Chief Manneh went to work alongside his colleagues to do the publication for the next day . While working at The Observer office Bakau on the 7th July, two of our NIA agents went to arrest him.
These arresting officers only received orders to go and arrest, but actually they did not know the reason they effected the arrest. Besides, they were never part of any investigations.
Events leading to his arrest
During the investigations at the NIA, we discovered that Chief Manneh was accused by his former boss, the late Dr. Saja Taal, the then Managing Director of The Observer Company. Dr. Taal complained that Chief Ebrima Manneh had downloaded an article from the BBC website on the internet that was critical of The Gambia’s hosting the AU summit due to its poor human rights records, lack of democracy and press freedom, etc. for publication in the first post-AU Summit edition of the paper’s international news round up.
In fact, after examining the said international news page of that yet-to-be published edition of Observer, another article based on Kofi Anan (former UN Secretary General’s) speech at the AU Summit, was highly critical. That article called for presidential term limits for African presidents, greater democracy and freedom in the continent, which obviously were not pleasant to our head of state. These were to form the next day’s edition of Observer international news page as downloaded by Chief Ebrima Manneh.
Further investigations revealed that Chief Manneh who was on duties that day, printed the said articles into a transparent film and it was sent to the printers in the press room for printing. According to our findings, when Pa Malick Faye, at that time a senior editor at Observer, came to work in the afternoon, he went through the news pages and found that the said articles were included in the news bulletin for the next day.
Our investigations further revealed that Mr. Faye, then picked up the phone and called the late Dr. Saja Taal, to inform him about the said articles which Chief Manneh put in the paper for the next day. Dr Saja Taal, who according to investigations was not in good terms with Chief Ebrima Manneh, then rushed to the office and instructed the printers to halt the printing immediately. We also gathered that about 250 copies of the page that were already printed were ordered to be burnt instantly. The said single transparent paper that was prepared by Chief Ebrima Manneh for the printers was then taken away by the late Dr. Saja Taal. Taal gave the film to the late Momodou Sanyang, former GRTS Director General and board member of The Observer at the time.It was also found that the late Momodou Sanyang also reported the matter to Neneh Macdouall Gaye, then Minister of Information and Board Chair of Observer. She is currently minister of Foreign Affairs.
Our reports here at the NIA have it that it was Neneh Macduoall Gaye who took the transparent film bearing the articles in question to the president’s office at State House and reported Chief Manneh, going by the information she received from her subordinates – (the late Dr. Saja Taal and the late Momodou Sanyang). This was the exact reason why Chief Ebrima Manneh was arrested by plain cloth officers of our Agency, under the president’s directives.
Also, during the course of the investigation, we were informed that after the said printed copies were burnt, Dr Taal called Lamin Kujabi, former Observer Store keeper to go back to the Observer office that night and give the printers another set of transparent films to restart the printing proper. This was done.
Note: I will also be happy to reveal at this point that the said Lamin Kujabi was my colleague in the NIA and he was sent to The Observer as an informer for the authorities. This was in the days of the late Hon. Baba Jobe. And until he decided to quit the job and travel abroad, he was on our payroll and I can give you his payroll number in the agency’s service.
International pressure into his case
As investigations into Ebrima Manneh’s case deepens, coupled with the pressure and international outcry over his disappearance for many years, both the NIA and Interpol were tasked to investigate his whereabouts. At the NIA, we did not take it seriously because we already knew he was with us and that is why we were moving him from one detention center to another across the country, so that the UN investigators and other human rights agencies will not find him.
Note: The reason why the government was hiding him at the time was because our CiC and president, has already declared that Ebrima Manneh was not in state custody, when that is not true. It now becomes a complicated matter for Chief Ebrima Manneh, after spending years in detention, and could not be produced.
During this period, we (The NIA) have already interrogated the late Dr. Saja Taal, the late Momodou Sanyang. Pa Malick Faye was interviewed by the Interpol in Banjul regarding his knowledge into Chief Ebrima Manneh’s circumstances and the said articles he wanted to print on the newspaper.
Meanwhile, the president should give us orders to arrest and investigate Neneh Macdouall Gaye if he really wants to answer to the international community on Chief Manneh’s case. Also Pa Malick Faye has a case to answer in this, and he should be recalled for a proper investigation, hence Dr. Taal and Momodou Sanyang are no longer living witnesses.
During our investigations, we also received reports of the testimonies of the witnesses at the Ecowas Court of Justice in Nigeria in 2008, during which Pa Ousman Darboe, a former colleague of Chief Ebrima Manneh told the ECOWAS court his knowledge into the case.
We have gathered from our files that in those days at Observer, there were six senior editors running the paper and the management divided them into two shifts. Chief Ebrima Manneh, Pa Malick Faye and Lamin Dibba were on the same shift in one group; whilst Ebrima Jaw Manneh, Pa Ousman Darboe and Abdoulie John were in the other group. Our investigations showed that during Chief Ebrima’s arrest, it was their turn to edit and produce the paper that week.
Torture
Like most other detainees at the NIA, Chief Ebrima Manneh was seriously tortured by the junglars and the military men after his arrest. The officers who tortured him include the late Captain Musa Jammeh, the late Captain Tumbul Tamba, Captain Sanna Manjang active member of the Junglers and the Armed Forces; Lt . Sang Michael Correa, Modou Jarjue, Alhagie Morr Jobe, and other members of the junglars.
I remember a day when the late Tumbul Tamba told journalist Chief Manneh that he (Tamba) hates journalists and will kill anybody who wants to bring down the government. The late Musa Jammeh once drunken, also displayed and shouted loud on top of his voice and said this government is here to stay and they will crush anyone who tries to challenge them.
Until the time he was moved from the NIA, Chief Manneh had collapsed on several occasions due to his physical weakness. He has also been admitted at the RVTH on several occasions. What happens after he was moved from our custody I cannot say. It is not yet proven that he is dead, or in fact alive after this.
Recommendations
In order to give Journalist Chief Manneh justice and have a fair and balanced trial, the international Human rights organizations including the UN, Amnesty International, ECOWAS Court of justice, and all other stakeholders must make sure that all those who played a role leading to his arrest and detention, as well as torture and possible killing, be brought to book.
These include our CiC President Yahya Jammeh, the arresting agents, the NIA director general at that time Harry Sambou, Neneh Macdouall Gaye, present minister of Foreign Affairs, who was the Minister of Information at the time of Chief Manneh’s arrest, Pa Malick Faye, former colleague of Chief Manneh who was mentioned in the case, Lamin Kujabi, former storekeeper at Observer who was called by Dr Saja Taal to supply the printers with another set of transparent films for printing after the burning of the said printed copies, and Alhagie Mor Jobe, Modou Jarjue, Bora Colley, Sanna Manjang, Sang Michael Correa and his colleague serial killers who dealt with him.
Meanwhile, some of the deceased persons who had hand in Chief Manneh’s case were, the late Dr Saja Taal, Momodou Sanyang, former GRTS managing director, the late Captain Tumbul Tamba, the late Captain Musa Jammeh, etc.
End
source www.kaironews.com

Supreme Court frees former naval chief


A five-member panel of judges of the Supreme Court of The Gambia headed by the Chief Justice yesterday set free Rear Admiral Sarjo Fofana, following a judgment delivered on the appeal he filed before the court.
In the same vein, the Supreme Court dismissed Lt. General Lang Tombong Tamba’s appeal on count 3 and 4, and discharged and acquitted him on count 1, which was conspiracy to commit treason, and count 2, which was treason.
Delivering the lead judgment, Justice Gibou Janneh said the appellants were arraigned at the high court on a four-count charge of conspiracy to commit treason, treason, and concealment of treason before Justice J.E. Ikpala.
He said at the closure of the prosecution’s case, the defence opted for a no-case-to-answer submission, which was rejected by the court and the accused persons through their counsel refused to enter into their defence.
The appellants were then convicted by the said court and sentenced on count one, which was conspiracy to commit treason, to 20 years in prison and on count two, which was treason, to another 20 years in prison.
Lang Tombong Tamba was also sentenced to 10 years in prison on count three, which was concealment of treason, and another 10 years in prison on count four, which was treason.
The appellants, not happy with the judgment, through their counsel filed an appeal separately at the court of appeal, which was dismissed.
The appellants further filed an appeal before the Supreme Court.
“Having gone through the appeal filed by the defence and the statement of case filed by the state, the fact is whether there is sufficient evidence to warrant conviction of the appellants,” the judge said.
The prosecution in counts one and two relied on the corroborative evidence of its witnesses, Justice Janneh went on, adding that in his view the trial judge was speculative in his decision.
The trial judge recorded that PW5, Yahya Darboe, was not sworn when testifying and the defence applied for the witness to be treated as a hostile witness.
He said the trial judge missed two legal principles regarding a person to be sworn.
It seemed that the trial judge was not aware of section 125 of the criminal procedure code, and counsel did not also bring it to his attention.
The trial judge having realised the error of Yahya Darboe testifying without being sworn, and no reason was given as to why he was not sworn, ought to have excluded him or not taking into account his evidence, in his judgment regarding the guilt of the appellants.
The trial judge wrongly took the evidence of PW5, Yahya Darboe, who was neither sworn nor examined legally.
There was no evidence connecting Tamba and Fofana in count one and two and Justice Janneh, therefore, allowed the appeal, and acquitted and discharged them in count one and two.
On concealment of treason, there was nothing in exhibit A which corroborated the evidence of PW1, Major Momodou Alieu Bah, adding that what it stated was that Tamba had knowledge of the planned coup.
Apart from admissions in exhibit C, the court had no corroborative evidence to rely on, and had the appellant, Tamba, testified at the closure of the prosecution’s case, the judge would have been convinced.
Justice Janneh further said it was risky and a gamble for the appellant not to give evidence, when the court rejected his no-case-to-answer submission.
He, therefore, held that there was no miscarriage of justice, hence dismissed the appeal on the concealment of treason and affirmed the conviction of the high court.
The appeal of Rear Admiral Sarjo Fofana was allowed, and he was therefore acquitted and discharged.
For Lt General Tamba, he was acquitted and discharged on count one and two, and his appeal on count three and four was dismissed and the conviction of the high court was affirmed.
However, the Chief Justice said the appellant, Lt General Tamba, had knowledge of the planned coup; he therefore dismissed the appeal on counts one and two.
In respect of counts three and four, he agreed that the appeal be dismissed.
He agreed that for Rear Admiral Sarjo Fofana the appeal be allowed, and the appellant be acquitted and discharged.

UDP Is APRC political Cancer

Darboe mob1
UDP leader greeted by crowds
Ousainou Darboe, the leader of the opposition UDP party has asserted that his party remains well-organised and will work assiduously in order to pull victory at next year’s presidential election.
In an exclusive interview with The Standard against the backdrop of the party’s recent nationwide ‘caravan’ tour, he said: “The UDP is as strong as it ever was and I have always said that before. The problem is that the government does not open us (opposition) access to the state media and they are continually feeding people with propaganda…  so you can barely know our strength if we do not go out on a tour. If we can talk to the whole Gambia through the state radio and television ahead of our meetings and tours around the country like the APRC does, they can never match us in terms of popularity. I want to make it clear that we (UDP) are not flexing muscles; we are just showing the APRC how strong our support base is.
“I would want the UDP to do more of these tours before 2016 presidential elections. In fact, I am going to propose to party executive when we meet that we should do more of this tour but targeting various parts of the country, randomly and I will be also, whenever I have time, going to certain places to see and socialise with our people. We are also going to Foni. At Fass Njaga Choi, I told our executive members that I was not angry with the police. I told them that they (APRC) had intelligence that when we are allowed to go on this tour, it is going to be devastating politically. That was why they denied us the permit to use the Public Address System but they ignored the fact that the law only enjoined us to apply for just the PAS but not to hold a public meeting. Freedom of assembly is an entrenched clause in the Gambian constitution. We were determined to go and speak to the people and there was no way we were going to stop because we were denied to the PAS.
darboe tour1
“In fact, at Essau we held our meeting with the PAS and it was a success. The APRC has realised that the UDP is their political cancer and we have eaten so much into their political tissues and they are terminally ill now. If one conducts an opinion poll in this country, Gambians will tell you that, “we are fed-up with this man (President Jammeh)”. It is an insult to Gambians to invite a wrestling champion and give him huge amount of money and brand new cars or call musicians from Mali and other places and give them money. As we speak, there are no medicines at our hospitals and how many children are going to bed without food? These children cannot even have porridge or even left-over rice from people- and they go to school like that.”
Source: Standard News

Zimbabwe: Silence on ‘Disappeared’ Activist


Comply With Court Order to Locate Itai Dzamara, Missing 60 Days
Zimbabwe authorities appear to be doing nothing to find Itai Dzamara, increasing concerns about his safety. The threats against Dzamara by state security agents are a red flag for Zimbabwe’s international allies to press the government to come clean about what happened to him.
Dewa Mavhinga, Southern Africa senior researcher
(Johannesburg) – Zimbabwe authorities should urgently provide information on the whereabouts of a prominent human rights activist, Itai Dzamara, Human Rights Watch said today. Five armed men abducted Dzamara on March 9, 2015. He has not been heard from since, raising grave concerns that he has been forcibly disappeared.

Family members told Human Rights Watch that state security agents had repeatedly threatened Dzamara prior to his abduction, warning him that something would happen if he did not halt his activism. Authorities have denied involvement in his abduction.

“Zimbabwe authorities appear to be doing nothing to find Itai Dzamara, increasing concerns about his safety,” said Dewa Mavhinga, Southern Africa senior researcher at Human Rights Watch. “The threats against Dzamara by state security agents are a red flag for Zimbabwe’s international allies to press the government to come clean about what happened to him.”

Dzamara, a 36-year-old journalist and human rights activist, is a leader of the Occupy Africa Unity Square protest group. He has led a number of peaceful protests against the deteriorating political and economic environment in Zimbabwe, petitioned President Robert Mugabe to resign to allow for fresh elections, and called for reforms to the electoral system.

On several occasions in 2014 and 2015, police and supporters of Mugabe’s ruling ZANU-PF party assaulted Dzamara. During a peaceful protest in November 2014, about 20 uniformed police handcuffed and beat Dzamara unconscious with batons. When his lawyer, Kennedy Masiye, tried to intervene, the police beat him as well, breaking his arm. Both were hospitalized.

Two days before he was abducted, Dzamara addressed a political rally organized by the opposition Movement for Democratic Change (MDC-T), calling for mass protests against worsening repression and economic conditions in Zimbabwe.

On March 9, 2015, at about 10 a.m., the five unidentified men dragged Dzamara out of the barber shop where he was having his hair cut near his home in the Glenview suburb of Harare, the capital. The men handcuffed him, forced him into a white pickup truck, and drove off, witnesses said.

Zimbabwe authorities have denied any government involvement in the abduction. On April 10, Information Minister Jonathan Moyo, in response to a Human Rights Watch inquiry about Dzamara’s whereabouts, tweeted, “I don’t know, and I have no basis for knowing.”

On March 13, Dzamara’s wife, Sheffra Dzamara, approached the high court in Harare to compel state authorities to search for her husband. Judge David Mangota ordered the home affairs minister, the police commissioner-general, and the director-general of the Central Intelligence Organization (CIO) “to do all things necessary to determine his whereabouts.” The ruling included an order to advertise on all state media and work closely with lawyers appointed by Zimbabwe Lawyers for Human Rights to search for Dzamara “at all such places as may be within their jurisdiction.” The judge ordered the government to report to the court every two weeks on its progress with the case until Dzamara is found.

Senior state security officials have yet to comply with the High Court’s orders.

On April 25, activists organized a car procession to raise awareness about Dzamara’s presumed enforced disappearance. Police arrested 11 of the activists and detained them for six hours, then released them without charge.

Sheffra Dzamara reported in early April that unidentified men were keeping her under constant surveillance and that she feared for her life. Zimbabwean authorities should immediately take steps to ensure the safety of Dzamara’s wife and children, Human Rights Watch said.

Human rights activists in Zimbabwe face severe restrictions on their work. Police frequently misuse laws such as the Public Order and Security Act (POSA) and the Access to Information and Protection of Privacy Act (AIPPA) to ban lawful public meetings and gatherings. Opposition and other activists are unjustly prosecuted under these laws. The government should repeal or appropriately amend both laws to bring them in line with the new constitution and Zimbabwe’s obligations under international law.

Enforced disappearances are defined under international law as the arrest or detention of a person by state officials or their agents followed by a refusal to acknowledge the deprivation of liberty, or to reveal the person’s fate or whereabouts. Enforced disappearances violate a range of fundamental human rights protected under the International Covenant on Civil and Political Rights, to which Zimbabwe is a party, including prohibitions against arbitrary arrest and detention; torture and other cruel, inhuman, or degrading treatment; and extrajudicial execution.

“The Zimbabwean government should immediately establish Dzamara’s whereabouts, and ensure the protection of all his rights,” Mavhinga said. “Failure to do so would demonstrate to the world that Zimbabwe’s poor human rights record has not improved.” 
Source. http://www.hrw.org/