Hiển thị các bài đăng có nhãn rights. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn rights. Hiển thị tất cả bài đăng

Thứ Hai, 25 tháng 3, 2013

Zimbabwe court frees rights lawyer

HARARE, Zimbabwe (AP) — Zimbabwe's top rights lawyer, Beatrice Mtetwa, released by a court after eight days in jail for allegedly obstructing justice, said Monday her arrest was a ploy to intimidate human rights activists and pro-democracy groups ahead of upcoming elections expected in July.

A visibly tired Beatrice Mtetwa walked from the High Court in Harare in the company of two colleagues and her lawyer after her release papers took several hours to complete. 

She told reporters she believed she had been targeted by police.

"It is a personal attack on all human rights lawyers but I was just made the first example. There will be many more arrests to follow as we near elections," Mtetwa said. "The police were all out to get me. They wanted me to feel their might and power because I call myself a human rights lawyer and I felt it."

Mtetwa was arrested on March 17 along with four officials from Prime Minister Morgan Tsvangirai's party. The officials are accused of illegally compiling information on high level corruption and are schedule to appeal for bail on Tuesday. Mtetwa was accused of shouting at police officers who were conducting a search at Tsvangirai's staff offices when she demanded to see a search warrant.

Mtetwa and the four officials deny any wrongdoing.  She said she merely told the police that "what they were doing is illegal, unlawful and undemocratic."

High Court Judge Joseph Musakwa ruled early Monday that Mtetwa was following professional legal procedures when she demanded to see a search warrant from police at the offices of the four officials.

"She was entitled to be appraised of the legality of the search," Musakwa said.

After her release, Mtetwa said she was not well-treated while in police custody. She wasn't allowed to take a bath and was denied access to her lawyers and family.

But she said she will not give up the fight for human rights.

"I will not be cowed," Mtetwa said. "There has to be mutual respect between police and lawyers because we will all be doing our job."

Critics have cited Mtetwa's prolonged jailing as the start of a fresh wave of political intimidation against opponents of President Robert Mugabe by loyalist police and judicial officials ahead of elections.

The European Union said in a statement Monday that European governments were "deeply concerned" by Mtetwa's arrest and the onslaught against civic groups as Zimbabwe prepares for elections to end the shaky and dispute-ridden coalition government.

The European bloc conceded that a referendum vote on March 16 on a new constitution was "credible" and reflected the free will of about 3 million voters who cast their ballots and overwhelmingly accepted the reformed constitution, EU spokesman Carl Skau said Monday.

As a result the EU suspended with immediate effect travel and banking bans on 81 leaders of Mugabe's party. But Mugabe, his wife, military, police and security chiefs and several others key loyalists remain on the ban list.

The restrictions were imposed in 2002 to protest the human rights record, violence, corruption and allegations of vote-rigging by Mugabe's party in past elections.

Regional mediators forged the coalition government between Mugabe and Tsvangirai after the disputed and violent elections in 2008.

So far this year, four rights and advocacy groups have been raided by police searching for alleged subversive materials relating to their activities campaigning for free elections and an end to political intimidation and human rights abuses that have dominated past elections.

Mtetwa had been scheduled to act as lead defense attorney in the trial, resuming Monday, of 29 supporters of Tsvangirai's party charged in the murder of a police inspector in an impoverished township suburb in western Harare.

Most of those suspects were denied bail for more than a year. Defending them, Mtetwa noted that six police officers charged in the assault and murder of a theft suspect received bail within a month of their detention. The officers are still to go to trial in that case nine months ago.

Swaziland-born Mtetwa moved to Zimbabwe in 1983. She has represented key leaders in Tsvangirai's party including its treasurer Roy Bennett, now in self-imposed exile after repeated threats. She has also defended journalists and prominent rights workers, some of whom were tortured, according to evidence in court, and held incommunicado without charge for several weeks late in 2008.

Last week police ignored an earlier High Court order to free Mtetwa and on Wednesday the lower Harare magistrate's court ordered her held in custody to reappear in that court on April 3.

Charges of obstructing justice carry a maximum of two years imprisonment.

The judge said Mtetwa should not have been denied bail because of her "professional standing." He said the police officers conducting the search could have "easily subdued her because she is a woman" if they felt she was hindering them from doing their job.

"She is a lawyer of many years, with a forceful, combative and at times aggressive personality but she remains professional and dignified" when doing her job, the judge said.

Mtetwa is a recipient of an array of awards from international jurists' groups including the American Bar Association over a distinguished career of three decades.

Mtetwa is known for her feisty and outspoken style and for quickly responding to calls for representation around the clock by activists and journalists held by police.

Media freedom groups said her detention, the first time she has been jailed, left independent reporters and rights campaigners fearful of being left without her voice.

The state's Sunday Mail newspaper criticized Mtetwa for thinking she was "untouchable" and said her "stage-managed antics in and outside the courts" earned her "dubious awards" from African and international lawyers groups.


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Thứ Sáu, 22 tháng 3, 2013

Zimbabwe rights lawyer bail appeal postponed

HARARE, Zimbabwe (AP) — A Zimbabwean court on Friday postponed a bail appeal to release the nation's top rights lawyer, Beatrice Mtetwa.

Mtetwa was arrested March 17 on allegations of obstructing justice and will spend eight nights in jail before she reappears in court on Monday.

Her jailing and the detention of members of Prime Minister Morgan Tsvangirai's office she was defending have been described by rivals of longtime President Robert Mugabe as a campaign of intimidation ahead of elections scheduled around July.

High court judge Joseph Musakwa ruled Friday that state prosecutors needed more time to prepare for the bail hearing.

But defense attorney Harrison Nkomo said Mtetwa's appeal papers were filed early Thursday, giving prosecutors ample time to study them

"This is the state's way of punishing her by letting her spend more time in jail. We are concerned by the way the state is dragging its feet," he said.

Lawyers were planning to demonstrate outside the court Friday where Mtetwa was refused bail on Wednesday and ordered to be held in custody to April 3.

Police say Mtetwa shouted at them and caused a distraction during which three laptops with information police were looking for disappeared and were presumed to have been hidden.

Mtetwa denies any wrongdoing and says she only asked police officers to show her a valid search warrant during a raid on offices of Tsvangirai's staff on Sunday.

Obstructing justice carries a maximum penalty of two years imprisonment.

She was brought to court Tuesday after police ignored a judge's order to release her Monday.

Prosecutors oppose bail on grounds she could hinder police investigations into allegations that officials from Tsvangirai's Movement for Democratic Change illegally collected information on high level corruption and impersonated police in doing so.

Mtetwa's prolonged detention in jail has prompted outcry from the African and international legal groups.

Mtetwa is the recipient of an array of awards from international jurists' groups including the American Bar Association over a distinguished career of three decades.

She has also defended journalists and human rights activists against prosecution by police and Mugabe loyalists in Zimbabwe's judiciary.

"There is absolutely no legal basis for her arrest and continued detention," Mtetwa's defense attorney Nkomo told The Associated Press.


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Thứ Tư, 20 tháng 3, 2013

Zimbabwe court denies bail to human rights lawyer

HARARE, Zimbabwe (AP) — A Zimbabwe court refused Wednesday to free on bail the nation's top rights lawyer, Beatrice Mtetwa, on charges of obstructing justice after her arrest by police Sunday.

The court ordered her to be held in prison until her next court appearance on April 3, but lawyers said they will immediately appeal the ruling.

The ruling by Harare magistrate Marehwanazvo Gofa was "shocking, disappointing and injudicious," said attorney Alec Muchadehama, member of Mtetwa's defense team.

"This is a serious assault on the legal profession in Zimbabwe. The magistrate was wrong and misdirected herself. We are not happy at all about the ruling," Muchadehama said.

A defiant Mtetwa waved at activists and legal colleagues as she was led from the courthouse.

The judgment marked a "sad day" for the rule of law in Zimbabwe, said Irene Petras, head of the independent Lawyers for Human Rights. "Despite what has happened, we need to carry on the fight for justice."

"It is a travesty of justice not founded on fact and law," said Abel Chikomo, head of the Zimbabwe Human Rights Forum.

The next step is to seek an urgent hearing at the High Court to overrule Gofa's decision, said the lawyers.

Mtetwa appeared at the court in the morning in green prison uniform after spending a third night in jail despite a judge's order to authorities to release her on Monday.

Her arrest, the day after a referendum vote on a new constitution that calls for stronger human rights, prompted an outcry from African and international law organizations. On Sunday, she was representing four officials of the Zimbabwe prime minister's party being searched by police on allegations of illegally collecting information on high level corruption.

The four officials, brought to court in leg irons, were also denied bail Wednesday.

Prosecutors said Mtetwa is a citizen of Swaziland and it is feared she might abscond before her next court appearance and she "might hinder further police investigations by causing commotion and shouting."

Police say that Mtetwa shouted at them during house searches Sunday. Mtetwa says that she merely told police that they were violating her clients' rights by carrying out illegal searches and refusing to produce valid search warrants.

Obstructing justice carries a maximum penalty of two years in prison.

Mtetwa's prolonged period in jail is seen as a crackdown on critics of President Robert Mugabe. She has represented Tsvangirai and several of his top aides in past cases brought against them. She has also successfully defended journalists and human rights workers against prosecution by the Mugabe government. Mtetwa is the recipient of an array of awards from international jurists' groups including the American Bar Association.

The American Bar Association on Wednesday condemned Mtetwa's treatment in detention and called on Zimbabwean authorities to "cease further harassment of political opponents and their representatives exercising their rights under international law."

"The eyes of the international legal community are on the Zimbabwe government's flagrant and deplorable disrespect for the rule of law, the authority of the judiciary of Zimbabwe, and the government's unwarranted punishment of lawyers trying to protect the rights of Zimbabwe citizens," said Laurel Bellows, president of the American Bar Association.

Mtetwa is a "victim of arbitrary arrest and unlawful detention and must be released immediately," said Noel Kututwa, Amnesty International's southern Africa director. "It's staggering that while Zimbabwe is in the process of adopting a new constitution which provides a stronger bill of human rights, lawyers in the course of their lawful duty are being so blatantly harassed and intimidated."


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Thứ Ba, 19 tháng 3, 2013

Zimbabwe rights lawyer to spend 3rd night in jail

HARARE, Zimbabwe (AP) — Prominent Zimbabwean rights lawyer Beatrice Mtetwa was set to spend a third night in jail Tuesday after a court adjourned a hearing on charges she faces of allegedly obstructing justice.

Police brought her to court after ignoring a judge's order to release her Monday.

Her arrest, the day after a referendum on a new Zimbabwe constitution, prompted an outcry from African and international law organizations.

"Her arrest is not just an attack on her profession but on the people of Zimbabwe who have just voted yes to a new constitution that enshrines fundamental human rights," said her lawyer, Thabani Mpofu.

Mtetwa, arrested Sunday while representing four officials of the prime minister's party being searched by police, arrived at the Harare magistrate's court in an open-back police truck. She greeted colleagues and activists with a spirited wave but was not allowed to speak to reporters.

In court, state prosecutors alleged the four officials in Prime Minister Morgan Tsvangirai's office, including his chief legal advisor, were compiling information, some of it in breach of official secrets laws, to discredit the nation's judicial officials for allegedly not prosecuting corrupt politicians.

Mtetwa's arrest was a ploy to stop her from defending officials of Tsvangirai's Movement for Democratic Change party, her attorney argued in court Tuesday.

State prosecutors objected to bail for Mtetwa and the officials and Gofa adjourned the court to resume Wednesday.

Mtetwa was led by prison officials to the basement cells of the courthouse for transportation to the main Harare remand prison.

Mtetwa's arrest was "patently senseless" at a time when she wanted to act on behalf of suspects on Sunday, argued Mpofu, her lawyer.

"Her intimidation was of unwarranted proportion which reflects badly on our institutions," he said.

She was abused by the police in "the high-handed manner in which they treated her by handcuffing her and throwing her into the back of an open truck as if she was a threat to police and national security," Mpofu said.

While in custody, police confiscated her mobile phone and went through it in breach of norms of attorney-client confidentiality.

"There is no basis to act in such a manner to a lawyer of over 30 years," said her lawyer.

He said when locked in a cell two male police officers at around midnight even tried to remove prison-issue blankets from her.

To the charge she shouted at police officers and attempted to prevent them from doing their duty, Mtetwa,  in her written testimony, said she told the police she wanted to see their search warrants but was ignored.

"What you are doing is unlawful, unconstitutional and undemocratic," she told the officers, Mpofu said.

The police response was to arrest her, he said.

Justice Charles Hungwe issued an order around 1 a.m.Monday (2300 GMT Sunday) for arresting officers to immediately release Mtetwa.

But police refused to obey the order and Mtetwa was still held in police cells on Monday. 

The action showed that Zimbabwe "is a state that is prepared to act like an outlaw," Mpofu told the court.

Obstructing justice carries a maximum penalty of two years in prison.

Mtetwa has represented Tsvangirai and several of his top aides in past cases brought against them. She has also defended human rights defenders and journalists. She holds an array of international awards, including those from the American Bar Association and the main European Bar Human Rights body.


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Thứ Hai, 4 tháng 3, 2013

Puerto Rico slowly warms to more gay rights

SAN JUAN, Puerto Rico (AP) — The advance of gay rights across the United States is spreading into Puerto Rico, making the island a relatively gay-friendly outpost in a Caribbean region where sodomy laws and harassment of gays are still common.

The governing Popular Democratic Party is pushing a bill through the legislature that would outlaw discrimination based on gender or sexual orientation, a step taken by about half of U.S. states. Another bill would extend a domestic violence law to gay couples.

Soon after taking office in January, Gov. Alejandro Garcia Padilla signed an order extending health insurance coverage to the live-in partners of workers in his executive branch of government, regardless of gender.

And a popular former conservative governor, Pedro Rossello, surprised supporters and foes when he stated last month that he unequivocally supports gay marriage.

"We're in a period where it's important to talk about human rights," said Rossello, who 14 years ago signed a law as governor to prohibit the recognition of same-sex marriages held abroad.

"This is extraordinary," said Pedro Julio Serrano, a Puerto Rican gay activist. "We've reached a point of no return in Puerto Rico ... Equality is inevitable."

"The issues that we're discussing publicly now would have been unthinkable a couple decades ago," said Osvaldo Burgos, spokesman for the Broad Committee for the Search for Equality, which represents more than a dozen local human rights organizations.

Gay rights activists also say they are encouraged that the island's Justice Department is prosecuting its first hate crime case for the killing of a hairstylist who was set on fire.

The momentum has not all been one way, however. The island's Supreme Court last week narrowly upheld a law that bars same-sex couples from adopting children. Despite a string of legalizations in the U.S. over the past decade, adoptions by same-sex couples remain banned in many U.S. states as well.

And many Puerto Ricans remain uncomfortable with the changes. Church groups in February rallied an estimated 200,000 people against a move to include gay couples under domestic violence laws.

The spokesman for that march, Cesar Vazquez, said the state should not meddle with marriage and the family, and a prominent Puerto Rican pastor, Wanda Rolon, said children should not be taught at a young age that different types of families can exist, a proposal that Garcia's administration is considering.

"That is very dangerous," she said. "It's going to raise some doubts that can bring about confusion."

"What we need to protect in these times is the strengthening of marriage, the strengthening of families," Rolon said. "We will be a healthier society."

Resistance to rights for gays was even stronger in the 1970s, when gay activists protested the island's sodomy law, only to see legislators increase the penalty to 10 years in prison from three.

Many gays and lesbians lived in fear. A serial killer in the 1980s, nicknamed "The Angel of Bachelors," was linked to the killings of 27 gay men.

Public opinion remained largely unchanged until the early 2000s, when legislators passed a hate crime law and abolished the sodomy law. Another watershed moment occurred in November 2009, when police found the decapitated and partially burned body of 19-year-old college student Jorge Steven Lopez Mercado, known for his work with organizations advocating HIV prevention and gay rights.

Soon after, popular Puerto Rican singer Ricky Martin announced he was gay, saying he couldn't remain silent amid such hate, and legislators began considering gay rights bills. Last year, Puerto Rican featherweight boxer Orlando Cruz apparently became the first professional boxer to come out as openly homosexual while still competing.

"Puerto Rico at last recognized that homophobia was a social evil that had to be fought," said Serrano, spokesman for the U.S.-based National Gay and Lesbian Task Force. "After that, things began to change quickly."

Many other islands in the Caribbean remain deeply hostile to homosexuality.

Jamaica, Barbados, Guyana and Grenada still uphold sodomy laws, and many gay people live in fear of exposure and violence. Those fears are not unjustified: Masked gunmen broke into a vacation cottage in St. Lucia in March 2011 and beat three gay U.S. tourists. Two of five suspects were arrested. A year earlier in Jamaica, police found the body of a 26-year-old gay rights activist who had been stabbed to death.

Last year, authorities in Dominica hauled a gay couple off a cruise ship and charged them with indecent exposure. Angry protesters have met gay cruise ships in Jamaica.

Meanwhile, a large gay cruise arrived in Puerto Rico recently and caused not even a ripple in the media.

"(Puerto Rico) has long had a reputation for being one of the friendliest places in the Caribbean," said LoAnn Halden, spokeswoman of the Florida-based International Gay & Lesbian Travel Association.

The court ruling on gay marriage already has caused some backlash in favor of further gay rights.

"What they did was barbaric," said Eduardo Bhatia, president of the island's Senate and member of the governor's party, saying that children of gay couples should have equal rights.

Carmen Milagros Velez, a medical sciences professor at the University of Puerto Rico and the mother of the 12-year-old girl at the center of the adoption case, said the Supreme Court should reconsider its decision.

"We are a family like any other, with the same challenges, probably even more challenges because we have fewer rights," she said.


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