A/HRC/44/50/Add.3
32.
As highlighted earlier in paragraph 21, Zimbabwe has signed core international
human rights treaties to which it accounts itself to the relevant Treaty Bodies when the reports
are due. The Government of Zimbabwe has subjected itself to other international human
rights mechanisms. Further, Zimbabwe adopted a progressive Constitution with a
comprehensive Bill of Rights, including the rights under review. Accordingly, the Special
Rapporteur’s observation that Zimbabwe does not care about facilitating and guaranteeing
the holding of assemblies is not factual.
33.
The Special Rapporteur wrongly alleges the disproportionate use of force by the police
leading to deaths as informed by his unnamed sources. It is worth noting that in Zimbabwe,
the Police is cognizant of the fact that their primary mandate as provided under section 219
(1) of the Constitution is, inter alia, the protection and security of the lives and property of
the people as well as the maintenance of law and order.
34.
It should be emphasised that the Police used proportionate force in all circumstances
during the 1 August 2018 disturbances. Due regard was given to the standards of
proportionality, legality, accountability and necessity whenever force was to be used.
Furthermore, the law empowers, in situations of ‘resisting arrest’, the Police to use force
which is reasonably justifiable and proportionate in the circumstances to overcome such
resistance.4
35.
Concerns by the Special Rapporteur on the disappearance of Itai Dzamara since 2015
and the alleged disappearance of Dr. Peter Magombeyi in September 2019, are shared by the
Government of Zimbabwe. The manner in which the relevant government authorities
conducted themselves in constitutionally executing their mandates to ensure the return of the
two is on record. In the case of Itai Dzamara, there is a standing judicial decree that the
authorities, including the Zimbabwe Republic Police, should report to the High Court of
Zimbabwe fortnightly on the measures undertaken to find him. Such measures are a matter
of public record as they have been reported at several fora of human rights monitoring
mechanisms, including the Human Rights Council Universal periodic Review mechanism
and the Human Rights Treaty Bodies, which Zimbabwe has appeared before since 2015.
Thus, the whereabouts of Itai Dzamara and other missing persons remain a priority.
Regarding the alleged disappearance of Dr. Peter Magombeyi, the Government ensured that
Dr. Peter Magombeyi was found through high level engagements and discussions in Cabinet,
following which the Commissioner General of Police and the Minister of State for National
Security commissioned an inquiry into the matter, which resultantly led to the resurfacing of
Dr. Peter Magombeyi.
36.
Of interest and worth highlighting is the disturbing trend of negative events that
always happen in Zimbabwe whenever there are international events or visits to the country
as demonstrated by the following incidents that took place in 2019:
(a)
Peter Magombeyi was allegedly abducted on the eve of the visit by the Special
Rapporteur Mr. Clement Voule, which was also two days before attendance at the UN
General Assembly by the President of the Republic of Zimbabwe.
(b)
Johanne Mundoza was allegedly abducted a week before 30 August
International Day of Victims of Enforced disappearances.
(c)
Obert Masaraure was allegedly abducted on 6 June, two days after the
Commemoration of the International Day of Innocent Children Victims of Aggression.
(d)
Samantha Kureya was allegedly abducted soon after an unsanctioned
demonstration.
37.
All these cases demonstrate that this is not mere coincidence but a ploy by Zimbabwe's
detractors to tarnish the image of the country. Thus, the Special Rapporteur’s attempt to
project the government as a culprit in abductions and disappearances is rejected outright.
4
section 42 (1) of the Criminal Procedure and Evidence Act [Chapter 9:07].
9
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