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OpenRights Group Criticises High Court's Refusal To Grant Bail To 74 CCC Activists
Heal Zimbabwe Trust (HZT), a local human rights organisation has condemned the denial of bail for over 70 members and supporters of the Citizens’ Coalition for Change (CCC) political party by the High Court in Harare on Wednesday.
Former Member of Parliament Jameson Timba, who took over as CCC interim leader after Nelson Chamisa quit in January, was arrested along with other party youth in Harare for holding an unauthorised gathering.
On Wednesday, 17 July, High Court Judge Justice Munamato Mutevedzi dismissed an appeal filed by the 74 CCC activists against the denial of bail by Magistrate Ruth Moyo.
In total, 78 people were arrested at Timba’s House on 16 June but Timba’s son, Ndapuwa Shaun Timba, was granted US$100 bail.
Two of the accused were below the age of 18 years and were therefore released into the custody of their guardians, while another accused individual showed signs of potential mental health challenges.
In accordance with Section 26 of the Mental Health Act, the court ordered this person to remain in custody pending an examination by two doctors to assess their mental capacity.
In a statement, HZT called for the immediate release of the CCC activists, saying their detention has the signs of political persecution and we call for their release. Reads the statement:
We note with concern the dismissal of the bail appeal for the 78 Citizen Coalition for Change supporters by the High Court in Harare today.
The 78 were arrested last month while commemorating the Day of the African Child in Avondale at former Senator Jameson Timba’s home.
The right to bail is a fundamental right protected by Section 50(6) of the Constitution in our Bill of Rights and the continued denial of this fundamental right must be condemned by all well-meaning Zimbabweans.
The United Nations General Assembly through its body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Resolution A/RES/43/173 of 9 December 1988), succinctly stated in Principle 38 that “a person detained on a criminal charge shall be entitled to trial within a reasonable time or to release pending trial”.
The expectation is that the right to liberty and security, a freedom protected by a host of international human rights instruments including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People’s Rights is respected as the norm.
Our judiciary must be the refuge for all citizens whose rights are violated and not be seen as partaking in the suppression of the fundamental freedoms of ordinary citizens.
The case of 78 incarcerated opposition supporters has all the signs of political persecution and we call for their release.
We beseech all Zimbabweans to join and amplify the call for their release.
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