zimbabwe: concern over health of arrested activist

AMNESTY INTERNATIONAL | URGENT ACTION
PUBLIC
AI Index: AFR 46/038/2002

8 August 2002

Further information on UA 246/02(AFR 46/037/2002, 5 August 2002) - Health
Concern

ZIMBABWE Fletcher Dulini-Ncube (m), aged 62 (not 61, as previously
stated)

On 8 August, Fletcher Dulini-Ncube was indicted for trial in relation to the
abductions and murders of Cain Nkala and Limukani Luphahla, supporters of
the ruling Zimbabwe African National Union - Patriotic Front (ZANU-PF)
party. Shortly after the High Court decision was announced, prison officials
went to the hospital where Fletcher Dulini-Ncube is under police guard. They
removed his hospital clothes and replaced them with a prison uniform and leg
irons.

The use of leg irons is in contravention of article 33 of the Standard
Minimum Rules for the Treatment of Prisoners, which states that irons shall
not be used as restraints.

Fletcher Dulini-Ncube suffers from severe hypertension and diabetes, and is
recovering from the surgical removal of one eye. He has complied with all of
his previous bail conditions. It therefore appears that any form of physical
restraint on Fletcher Dulini-Ncube is unnecessary.

Amnesty International is concerned that the treatment of Fletcher
Dulini-Ncube is also incompatible with Zimbabwe's international obligations
under the International Covenant on Civil and Political Rights, and the
African Charter on Human and People's Rights. Even though Fletcher
Dulini-Ncube is facing criminal charges, he still retains all human rights
and fundamental freedoms, including the right to be presumed innocent by a
competent court or tribunal, and the right to humane treatment.

The High Court Judge presiding over the case decided to indict Fletcher
Dulini-Ncube despite an appeal pending to the Supreme Court in relation to
the indictment. The trial is scheduled for 11 November. Fletcher
Dulini-Ncube has been granted permission to remain in hospital until his
doctors determine that he is fit to leave. His lawyers filed papers at the
High Court on 8 August seeking bail.

FURTHER RECOMMENDED ACTION: Please send appeals in English or in your own
language:

- expressing concern that Fletcher Dulini-Ncube has been forced to wear leg
irons while in hospital;

- reminding officials that this contravenes Article 33 of the Standard
Minimum Rules for the Treatment of Prisoners;

- reminding officials that under the International Covenant on Civil and
Political Rights, and the African Charter on Human and People's Rights,
everyone, including Fletcher Dulini-Ncube, has the right to be treated
humanely and presumed innocent until and unless convicted according to the
law;

- urging officials to respect his right to health, life and liberty,
including his right to bail;

- calling for Fletcher Dulini-Ncube to receive any access to medical care he
may need in the future, in accordance with the Standard Minimum Rules for
the Treatment of Prisoners.

APPEALS TO:

The Hon Andrew Chigovera

Attorney-General

Office of the Attorney-General

PO Box 7714

Causeway

Harare

Zimbabwe

Telegram: Attorney-General, Harare, Zimbabwe

Fax: + 263 4 790 901

Salutation: Dear Sir

The Hon Patrick Chinamasa

Minister of Justice, Legal and Parliamentary Affairs

Ministry of Justice, Legal and Parliamentary Affairs

5th Floor Corner House

Private Bag 7751

Causeway

Harare

Zimbabwe

Telegram: Minister of Justice, Harare, Zimbabwe

Fax: + 263 4 790901 / 772999

Salutation: Dear Minister

Mr Augustine Chihuri

Police Commissioner

Police Headquarters

PO Box 8807

Causeway

Harare

Zimbabwe

Telegram: Police Commissioner, Harare, Zimbabwe

Fax: + 263 4 253 212 / 728 768 / 772 033

Salutation: Dear Commissioner

COPIES TO:

The Hon John Nkomo

Minister of Home Affairs

Ministry of Home Affairs

11th Floor Mukwati Building

Private Bag 7703

Causeway

Harare

Zimbabwe

Telegram: Minister of Home Affairs, Harare, Zimbabwe

Fax: + 263 4 726 716

AND TO DIPLOMATIC REPRESENTATIVES OF ZIMBABWE ACCREDITED TO NEW ZEALAND:

H.E Mrs.Florence Lubalendlu Chitauro

High Commissioner

High Commission for the Republic of Zimbabwe

11 Culgoa Circuit

O'Malley

Canberra ACT 2606

Australia

Fax +61-2-6290 1680

Email: [email protected]
Salutation: Your Excellency

PLEASE SEND APPEALS IMMEDIATELY. Check with the Urgent Action Network
Co-ordinator, Rebecca Lineham ([email protected]), if sending
appeals after 19 September 2002.