Harare, (New Ziana) – The Zimbabwe Human Rights Commission (ZHRC) has urged law enforcement agents to be discreet when handling cases with heightened political interest to avoid clouding the justice delivery process and procedures.
The ZHRC was referring to the recent arrest of senior AMH journalist Blessed Mhlanga on two counts of incitement to commit violence following interviews he conducted with war veteran Blessed Geza and published on social media.
Mhlanga’s case has attracted widespread interest both locally and internationally as it came at a time when the political environment in the country is highly toxic and polarised, requiring healing to foster unity of purpose in forging ahead.
In a statement on Friday, the ZHRC commended the Zimbabwe Republic Police for the professional manner in which it handled Mhlanga’s case.
“The Commission has established that his treatment upon arrest and in custody has not triggered allegations of torture, or cruel, inhuman or degrading treatment or punishment.”
It said this was a commendable departure from past occasions whereby law enforcement agencies were accused of failing to uphold the dictates of Sections 50, 52 and 53 of the Zimbabwe Constitution, which guarantee the rights of arrested and detained persons, personal security (freedom from violence), and freedom from torture, cruel, inhuman and degrading treatment respectively.
However, the ZHRC expressed concern that cases with high political interest such as that of Mhlanga, frequently cloud the justice delivery process and procedures, often at the expense of the accused persons’ rights while detracting the progress Zimbabwe has made in upholding fundamental rights and freedoms.
“Notably, section 61 of the Constitution guarantees freedom of expression and of the media, while section 64 guarantees everyone, including journalists, the right to carry out their profession,” it said.
“Section 67 meanwhile guarantees the political rights to make political choices freely, participate in peaceful activities to influence, challenge or support the policies of government or any political or whatever cause. The Commission therefore urges all persons and political players to be tolerant of each other’s divergent views as is healthy in any democracy.”
The ZHRC reminded Zimbabweans that it is acceptable to openly share views and debate even sensitive political issues, such as the current debate on the amendment of the Constitution to extend presidential terms to 2030 or beyond.
It also reminded the government of its obligations and other players as well, under the national Constitution as well as various international regional and instruments Zimbabwe is party to, on freedom of expression, association and assembly.”
The commission said there are United Nations ()resolutions on the treatment of journalists, including the Human Rights Council Resolution HRC/RES/21/12 on the safety of journalists and urged the ratification of the UN Convention Against Torture and the UN Convention Against Enforced Disappearances.
It also urged the Parliament of Zimbabwe to publicise its robust debates more, so that Zimbabweans become accustomed to robust political debates as a normal part of democratic development.
The ZHRC is mandated by the Constitution to promote awareness of and respect for human rights and freedoms, their protection and attainment; monitor, assess and ensure their observance; and recommend to Parliament effective measures to promote them.
New Ziana