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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