ZLHR CONCERNED ABOUT TREATMENT OF CHIN’ONO AND NGARIVHUME IN PRISON
Zimbabwe Lawyers for Human Rights (ZLHR) is concerned about the treatment of freelance journalist Hopewell Chin’ono and Jacob Ngarivhume, leader of the Transform Zimbabwe political party, who are currently being held at Chikurubi Maximum Prison.
On Saturday August 8, 2020, ZLHR lawyers Roselyn Hanzi, Beatrice Mtetwa and Moses Nkomo visited their clients Chin’ono and Ngarivhume at Chikurubi Maximum Prison, where they were transferred from prisons and correctional facilities in Zimbabwe on On Friday August 7, 2020, officers were transferred from Harare Detention Center by Zimbabwe Prisons and Correctional Services (ZPCS).
Lawyers for Chin’ono and Ngarivhume only learned of the transfer from their clients late on Friday August 7, 2020, after learning from independent sources that the pair had been strip searched, chained and eventually sent to the highest prison in the night. Chikurubi had been moved. This transfer had not yet been officially notified to the lawyers of Chin’ono and Ngarivhume.
The head of the Harare Detention Center confirmed to practitioners that he received instructions “from above” regarding the transfer.
When lawyers for Chin’ono and Ngarivhume visited their clients on Saturday, August 8, 2020, they were denied access to consult with the two prisoners privately, with ZPCS insisting they were present at all meetings. consultations or that they themselves were within earshot of the conversations in which both the inmates participated.
ZPCS officials could not accept the lawyers’ arguments that they had already visited other clients and benefited from this confidentiality, because communications between a lawyer and a client are legally privileged and confidential.
But prison officials told lawyers for Chin’ono and Ngarivhume that they had received direct orders not to allow lawyers to consult with clients if they could not hear the discussions and Article 140 (6) of the Commissioner-General’s Rules of Procedure, Part VII, Visits and Communication did not permit this.
The Commissioner-General’s Rules of Procedure directly violate Article 50(5)(b) of the Constitution, which provides that “every imprisoned person, including a convicted prisoner, shall have the right, at his own expense, to private lawyer of their choice and to inform you immediately of this right.
ZLHR also learned that Chin’ono and Ngarivhume did not receive shirts while in custody as prison officials said they were out of stock. Although lawyers for the two prisoners requested permission to bring warm clothes as ZPCS does not have a leotard, this request was denied as prison officials insisted that only the red and white leotard of the prison was authorized and that the lawyers provided leotards for the need to have clients.
It took a lot of haggling between lawyers and prison officials before they allowed Chin’ono and Ngarivhume access to the food brought by their lawyers, as their ZPCS kitchen was closed and ZPCS officials insisted about the fact that it was homemade Essen was not allowed to trade due to the corona virus outbreak.
The ZLHR is concerned for the welfare of Chin’ono and Ngarivhume, who do not have access to food as both do not eat sadza for medical reasons, but have been told that the ZPCS only serves sadza in jail. Because both Chin’ono and Ngarivhume are on medication, they must have access to a balanced diet while incarcerated.
The blatant and malicious deprivation of the fundamental rights of the two prisoners, including the right to privately instruct the lawyer of their choice, is unconstitutional. The harsh treatment of Chin’ono and Ngarivhume undermines the presumption of innocence.
The ZLHR is also very concerned about the undermining and obstruction of lawyers who are simply trying to protect the basic rights of their clients and fulfill their professional obligations.
ZLHR urges the ZPCS authorities to abide by the constitutional provisions that guarantee the fundamental rights of those arrested and detained, including Zimbabwe’s regional and international commitments on the rights of detainees, which include the African Charter on Human Rights and of Peoples and the International Covenant on Civil and Political Rights.
ENDS
