One of the participants was beaten up by four police officers who were taking turns to hit her on the neck and shoulders, apparently after she told them: “the thieves are going free while you beat us”. Ten participants had to seek medical attention for bruises and lacerations caused by batons injuries. Case of Zimbabwe Lawyer for Human Rights (ZLHR) On February 10, 2009, human rights lawyers Roselyn Hanzi and Tawanda Zhuwarara, ZLHR members, were arrested and charged with “participating in an illegal gathering aimed at breaching the peace” (Section 25 subdivision 1 POSA) as they were bystanders at a demonstration that WOZA was involved in for Valentine’s day commemorations. They were falsely accused of participating in a peaceful but illegal march. They were eventually acquitted on May 28, 2009 because for lack of evidence. The “treason” case On February 19, 2011, a few days after the Defence Minister, Mr. Emmerson Munangagwa, threatened to crack down on any dissent inspired by the North Africa street protests, 45 individuals, including union leaders, students and human rights activists, were arrested by the police as they were attending a meeting to discuss the social protest movements in Egypt and Tunisia and their impact on those countries. They were charged either with “treason”, which carries a penalty of life imprisonment or death, or with “attempting to overthrow the Government by unconstitutional means”, which is punishable by a penalty of up to twenty years in prison. On March 7, 2011, 39 activists were released after a magistrate court in Harare dismissed the charges against them. However, labour and student activists Munyaradzi Gwisai, Antonetar Choto, Tatenda Mombeyarara, Edison Chakuma, Hopewell Gumbo and Welcome Zimuto remained in custody until March 16, 2011. They were released on a 2,000 US dollars bail each, on condition by the High Court to report three times a week to the police. From April 2011, they had to report once a week. On March 19, 2012, Harare Magistrate Kudakwashe Jarabini found them guilty of “conspiracy to commit a crime” under Section 188 of the Criminal Law (Codification and Reform) Act. They were each sentenced to a US$ 500 fine, 24 months’ suspended imprisonment, and 420 hours of community service. Case of Legal Resources Foundation (LRF) The Legal Resources Foundation (LRF) is one of the oldest human rights organisations in Zimbabwe. It was established in 1984 to improve access to legal counsel and information services for all Zimbabweans, irrespective of their financial resources. The mission delegates were informed that the work of this NGO was stifled in various areas within the country. For instance, in 2010, a workshop conducted by the LRF in Buhera was disrupted by the police that came to the venue in an unmarked vehicle and ordered the participants to disperse, although the LRF is not required to seek permission from the police to carry out its activities. Two LRF officers were interrogated by the police after the dispersal. The police officers subsequently came to the LRF office to inquire about the reasons for its human rights work. The harassment resulted in the LRF being forced to abandon its human rights activities in the rural areas. 3. Obstacles to awareness-raising events, including in the Arts sector The mission was also informed of cases of harassment against persons involved in artistic events involving a human rights dimension. In many cases, artists or promoters were refused permission to hold exhibitions or festivals, and if granted, the police sometimes ordered them to submit their programmes to them for scrutiny before they were allowed to perform. The police required registration certificates as well as the identity of the directors and funders of the entities involved. The relevant legislation provides that the police be informed beforehand of events for security reasons, but it does not have the authority to grant or withhold permissions to host or hold such events. More precisely, POSA imposes on anyone who intends 22 The Observatory ZIMBABWE: Ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period to hold a public meeting an obligation to notify the police of such intention. The police have abusively interpreted the notification requirement and have requested individuals and organisations to apply to the police for permission to hold public events. Even in cases where permission is granted to host artistic events, the police, either in uniform or in plain clothes, attend the events to intimidate participants, including the public, some of whom eventually feel uncomfortable and decide to leave. ZANU-PF militia have disrupted such events even when ‘permission’ had previously been sought and granted. Furthermore, several human rights defenders were arrested and detained for their work on the occasion of artistic events. One example is that of Mr. Okay Machisa, ZIMRIGHTS Executive Director, who was arrested in Harare on March 23, 2010 by a group of 20 officers of the Zimbabwe Republic Police (ZRP), without any warrant. ZIMRIGHTS was organising a photography exhibition entitled “Reflections”, displaying 71 pictures depicting acts of violence inflicted during the elections in 2008. 65 pictures were confiscated by the police without warrant. The event was authorised by the Harare High Court as part of a programme to incite reflections on 2008 political violence. Brought to the Harare Central Police Station, Mr. Machisa was released a few hours later after the intervention of ZLHR. After threatening him with unspecified criminal prosecutions, on March 24, the police finally returned the photos of the exhibition following an order of the High Court issued the same day. Again, on April 26, 2010, a group of police officers arrested Mr. Joel Hita, Ms. Olivia Gumbo, Ms. Cynthia Manjoro and Ms. Lio Chamahwinya, respectively Regional Chairperson in Masvingo, National Programme Manager, and both members of ZIMRIGHTS, while they were preparing the launch of the same photo exhibition in Masvingo. Once again, the police confiscated all the pictures and took the defenders to the Masvingo police station. Everyone was released a few hours later, except Mr. Hita, who was released on April 27, 2010. On April 28, he appeared before the Masvingo Magistrate Court on the charge of “holding a public meeting without notifying the authorities”. On August 5, 2010, the Attorney General’s office also decided to prosecute ZIMRIGHTS itself as an organisation, under the same charges and in the same criminal case. On January 23, 2012, Magistrate Mwanyisa (Masvingo jurisdiction) acquitted Mr. Joel Hita and Ms. Pelagia Razemba Semakweli, Acting ZIMRIGHTS National Chairperson, of charges of “holding a public meeting without notifying the authorities”. The charges had been brought under POSA. This acquittal followed an application for exception to the charges, filed on the same date, by defence lawyer Blessing Nyamaropa, member of ZLHR, and based on the repeal of the said offence in 2007. The application was conceded by the Public Prosecutor. In another case, Mr. Owen Maseko was arrested for being the manager of an art gallery that was banned by the Censorship Board for political reasons as the gallery covered ZANU-PF history of violence and the massacre which was committed in the 1980’s. The display of several art works was not allowed. Mr. Maseko was arrested less than 24 hours after his new exhibition opened at the National Gallery in Bulawayo in March 2010. He was charged with “insulting the President” under Section 33 Criminal Codification and Reform Act. He faces a sentence of up to twenty-four years imprisonment, but the ruling has not been issued yet. As an artist, Mr. Maseko has used art as a form of expression, including, as in the case mentioned here, to address human rights issues. This method of harassment substantially decreased in the immediate post-GNU period but subsequently picked up again as the political leadership increasingly moved to the idea of elections and dissolution of the GNU. 4. The “Maguta Group”: a real threat to human rights activities in rural areas ZIMRIGHTS also informed the mission delegates that several of their activities were forcibly stopped in the rural regions of Zimbabwe, for failing to produce a memorandum of understanding giving government authority to allow human rights work in these areas. In particular, ZIMRIGHTS was concerned by a group called the “Maguta Group”, which was ostensibly established by the authorities to monitor and ensure food security especially in rural Zimbabwe. The Observatory ZIMBABWE: Ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period 23