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ZLHR concerned over missing Dzamara

by Stephen Jakes
11 Apr 2016 at 06:42hrs | Views
Zimbabwe Lawyers for Human Rights have expressed continued concerns over Itai Dzamara who is still missing 13 months since he was abducted on March 9 2015.

In a statement ZLHR said it was 13 months since prominent pro-democracy campaigner Dzamara was abducted and disappeared.

"ZLHR remains gravely concerned about the continued disappearance of Itai, who disappeared without a trace on Monday 09 March 2015," reads the statement.

"ZLHR is dismayed by the Zimbabwean authorities' failure to provide any heartening and specific information and probe reports on the status and progress of the investigation into the disappearance of Dzamara since March 2015 when High Court Judge Justice David Mangota ordered Zimbabwe Republic Police and Central Intelligence Organisation to investigate, establish his whereabouts and update his family and lawyers on progress."

ZLHR said this has not been fully complied with and they also remain very concerned that probe reports submitted by the ZRP as ordered by the High Court in March 2015 show very little progress if at all.

"This failure has occurred despite ZRP and the government's claims that the law enforcement agency is an international recognised professional force that has been invited to participate in various missions under the auspices of the United Nations and the African Union," reads the statement.

"It is not enough for the ZRP and government officials to simply proclaim that they are investigating the case considering that Zimbabwe as a nation has a long history of enforced disappearances that stretch back to pre-independence days up to present day scenarios where human rights defenders are enforceably disappeared and their whereabouts just unknown."

ZLHR said while it has noted assurances attributed to Vice President and Justice, Legal and Parliamentary Affairs Minister Emmerson Mnangagwa that government will leave no stone "unturned" in investigating the disappearance of Dzamara, such statements must not merely be window dressing. Zimbabwe's international legal obligations require it to carry out a prompt investigation and to keep Dzamara's family informed on the progress and status of the investigation.

"We also decry the failure by Zimbabwean authorities to account for the whereabouts of other victims of enforced disappearances in the country including Paul Chizuze and Patrick Nabanyama, who remain missing since they were abducted and disappeared in 2000 and 2012," reads the statement.

"The government's protracted failure to resolve the case of Paul, Patrick and Itai's enforced disappearance is a clear dereliction of its national, regional and international obligations, which seriously undermines its attempts to gain credibility as a rights-respecting member of the global family."

ZLHR called upon the government to undertake prompt, impartial, and effective investigations into Dzamara, Nabanyama and Chizuze's cases and all other outstanding cases of enforced disappearances and provide effective remedies and reparation to all victims pursuant to its national, regional and international legal obligations.

"While Zimbabwe's new Constitution contains some progressive provisions particularly section 53 that guarantees freedom from torture or cruel, inhuman or degrading treatment or punishment and section 51 on the right to human dignity, the culture of constitutionalism is still missing among some of our legislators as evidenced by how they continue filibustering each time debate on the issue of enforced disappearances is raised in Parliament," said ZLHR.

"The walkout by some legislators has thus stalled debate on a motion on the disappearance of Dzamara. Such action is deplorable and is tantamount to dereliction of duty on behalf of the people they claim to represent.
With Zimbabwe being a country still traumatised by a history of enforced disappearances dating back from the Gukurahundi atrocities which remain unresolved 36 years after attainment of independence, legislators owe it to the public to seriously consider and debate enforced disappearances, condemn such an archaic practice which can affect anyone, and take action to alleviate the suffering of the families and other concerned citizens."

It said to this end, ZLHR hopes that lawmakers, regardless of political allegiance, will do their utmost to reduce unnecessary filibustering.

"ZLHR calls upon the State to ensure that all persons under its jurisdiction are protected from enforced disappearances and other such violations. On its part, ZLHR will continue confronting perpetrators of enforced disappearances and torture through litigation and other means to end this barbaric practice," ZLHR said.

"In conclusion, ZLHR urges the government to ratify, domesticate and implement provisions of the United Nations Convention on the Protection of all Persons from Enforced Disappearances and the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Protocol."

Source - Byo24News
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