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High Court Judge Justice Gladys Mhuri on Monday, 23 September reserved judgment after hearing and presiding over Obey Shava’s application seeking to compel the government to ratify the Convention Against Torture and to criminalise the practice of torture in Zimbabwe.
In an application filed at the Harare High Court on December 12, 2023, human rights lawyer Shava, represented by Tendai Biti of the Zimbabwe Lawyers for Human Rights, is seeking to compel President Mnangagwa, along with other officials, to ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This convention was adopted by the United Nations in 1984 and came into effect in 1987.
Shava, a torture victim himself, argues that torture, enforced disappearances, and violence are widespread in Zimbabwe, necessitating the government’s accession to the convention.
He claims that the failure to ratify the convention violates the Constitution, particularly the rights to equal protection under the law and the principles of constitutionalism and the rule of law.
Shava asserted that there is a culture of impunity where cases of torture are not investigated, leaving victims without legal recourse.
Despite constitutional protections against torture and inhumane treatment, Shava says that these rights are not enforced in practice.
Shava further argues that Zimbabwe is out of step with international norms, as the majority of UN member states and African countries have ratified the convention.
He says that by not ratifying it, Zimbabwe risks being viewed as a pariah state and calls for the country to uphold fundamental human rights and freedoms through adherence to international law.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

A man is asking the court to make Zimbabwe ratify a convention against torture. He says torture is common in Zimbabwe and victims have no justice. The man says the government should follow international rules to protect human rights. The court has not made a decision yet. The man's lawyer is trying to make the government stop torture. If Zimbabwe doesn't follow the rules, they might look bad to other countries. The man says everyone should be treated fairly and not hurt on purpose.

Judgment Reserved In Case To Compel Zimbabwe To Ratify Anti-Torture Convention

President Emmerson Mnangagwa is set to stand trial in the High Court on Monday, 23 September, over his government’s failure to implement legislation aimed at preventing and combating torture, a serious issue in Zimbabwe.
The case has been brought forward by prominent human rights lawyer Obey Shava of Shava Law Chambers, who himself is a victim of torture. He is represented by Tendai Biti from the Zimbabwe Lawyers for Human Rights (ZLHR).
Shava is seeking a court order to compel President Mnangagwa, along with other respondents—including the Minister of Justice, Legal and Parliamentary Affairs, Hon. Ziyambi Ziyambi, Parliament, and the Zimbabwe Human Rights Commission (ZHRC)—to ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
This convention was adopted by the United Nations General Assembly in December 1984 and came into force in June 1987. Below is a statement from the ZLHR regarding the case:
<blockquote>
In Harare, President Emmerson Mnangagwa is standing trial in court over his government’s reluctance to enact legislation aimed at preventing, prohibiting and combating torture, which is prevalent in the country. 
The trial is scheduled to commence on Monday 23 September at 10: AM at Harare High Court, where President Mnangagwa is being sued by prominent human rights lawyer Obey Shava of Shava Law Chambers, who is a victim of torture.
In an application filed at Harare High Court on 12 December 2023, Shava, who is represented by Tendai Biti of the Zimbabwe Lawyers for Human Rights (ZLHR), wants the court to compel President Mnangagwa and other respondents namely, Justice, Legal and Parliamentary Affairs Minister Hon. Ziyambi Ziyambi, Parliament, and the Zimbabwe Human Rights Commission (ZHRC), to accent to and ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, that was adopted by the United Nations General Assembly in December 1984 and which came into operation in June 1987.
The human rights lawyer, who is a victim of torture after he was tortured by some unknown assailants in July 2023, argued that torture, violence, enforced disappearances and abductions are widespread in Zimbabwe, hence President Mnangagwa must be compelled to accede to and deposit the necessary instruments of accession to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment with the UN and place the same for ratification before Parliament within 12 months of the granting of the court order.
He charged that President Mnangagwa’s failure to accede to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is a breach of the Constitution and is also a violation of his right to equal protection of the law codified by section 56 of the Constitution and a breach of his right to constitutionalism and the rule of law guaranteed under section 47 of the Constitution. 
Shava bemoaned the systematic pattern of enforced disappearance, abduction, torture and cruel and degrading treatment, which several people including himself, human rights defenders, opposition political party supporters, legislators and ordinary citizens, have been subjected to including being injected with unknown substances.
He argued that cases of torture are never investigated and no one is prosecuted for committing such heinous crimes.
The Constitution, Shava argued, protects first generation rights such as the right to life, liberty, fair trial, human dignity and the right not to be subjected to torture, cruel or degrading treatment and that torture is implicitly prohibited under section 48 of the Constitution, which provides for the right to life and also under section 51, which protects the right to human dignity.
The human rights lawyer argued that despite the existence of progressive constitutional provisions on torture, personal liberty, fair trial, legal representation, human conditions of detention and human dignity, the same have not been incorporated into subsidiary legislation and are not being enforced in practice. 
Shava, who stated that there is a culture of impunity which has left hundreds of people without legal recourse, said it was regrettable that Zimbabwe has not ratified the International Convention for the Protection of all Persons from Enforced Disappearances, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Optional Protocol to the International Covenant on Civil and Political Rights or the Rome Statute, which would criminalise enforced disappearances and torture and provide means to seek redress internationally.
He said the respondents cited in his application, who are Hon. Ziyambi, President Mnangagwa, Parliament and ZHRC, are bound by customary international law, which is part of international law of Zimbabwe to take measures to ensure the enactment of a law criminalising torture and stated that there is no reason why Hon. Ziyambi, President Mnangagwa, Parliament and ZHRC should fail to accede to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Shava submitted that Zimbabwe is out of step with the rest of Africa and the world as 162 out of 193 members of the UN have become state parties to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
He contended that out of 55 African countries, only four namely, Zimbabwe, Angola, Tanzania and Sahrawi Arab Democratic Republic have neither signed nor ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment while of the 15 SADC countries, 12 are state parties and only two, Zimbabwe and Tanzania, have neither signed nor ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The human rights lawyer argued that by standing out and refusing to accede to and ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Zimbabwe is putting itself in the disrespectable category of pariah states.
As a decent country bound by the rule of law and constitutionalism, Zimbabwe, Shava said, should sign and ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to ensure protection of fundamental human rights and freedoms and the rule of law.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

President Mnangagwa of Zimbabwe is going to court for not stopping torture. A human rights lawyer named Obey Shava is suing him for not following the rules against torture. Shava wants the court to force Mnangagwa to agree to a worldwide rule against torture. Shava says torture is happening a lot in Zimbabwe and no one helps. He wants Zimbabwe to follow the rules that most other countries are following to stop torture. Shava says Zimbabwe is not a good country if it doesn't follow these rules. The court case will start on September 23.

High Court To Hear Case Against Mnangagwa Over Failure To Combat Torture

Zimbabwean human rights lawyer, <a href="https://www.pindula.co.zw/Obey_Shava/">Obey Shava</a>, has filed a report of <a href="https://www.pindula.co.zw/2023/07/05/unidentified-men-attack-ccc-lawyer-obey-shava-break-his-legs/">assault after at least four unidentified men</a> attacked him and left him wheelchair-bound on Wednesday this week.
The Zimbabwe Lawyers for Human Rights (ZLHR) said they accompanied the lawyer to file a police report this Saturday. In a Twitter post seen by Pindula News, ZLHR said:
<blockquote>
In Zim, they have left crusading human rights lawyer @obeyshava1 wheelchair-bound after assaulting him early this week. Today, we accompanied him to file a report at a @PoliceZimbabwe station.
</blockquote>
Advocate Thabani Mpofu, who was briefed on the attack, stated that Shava’s legs were broken, and he was left fighting for his life. A witness reported that the attack was carried out by four men driving a green Mercedes Benz sedan and a Toyota GD6.
According to Mpofu, Shava received a phone call from a man who claimed to have an urgent legal matter and asked to meet him in the Belvedere area. Shava reportedly agreed to meet the individual and intended to drop off a lawyer colleague in the same area. The assailants attacked him as soon as he came out of his car, and they also took his phone.
The motive behind the attack is yet to be determined, but it has sparked concerns about the safety of human rights defenders in Zimbabwe. The ZLHR has called for an immediate investigation into the attack and for the perpetrators to be held accountable. The opposition Citizens Coalition for Change (CCC) claims that Shava was assaulted by ZANU PF thugs.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Wheelchair-bound Zimbabwean Lawyer Obey Shava Has Filed A Report Of Assault

The Law Society of Zimbabwe (LSZ) on Thursday, 06 July, issued a statement following the attack on one of its members, Obey Shava.
Shava was severely assaulted and left for dead by at least four unknown assailants on Wednesday evening in Harare. LSZ said:
<blockquote>
The Law Society of Zimbabwe has noted with concern the brazen and unprovoked, violent attack on one of its members, Mr. Obey Shava of Shava Law Chambers. The attack is said to have occurred in Harare on the night of Wednesday, the 5th of July 2023.
The elaborate manner in which the attackers executed the attack is consistent with previous attacks on legal practitioners as a result of the execution of their duties as lawyers.
The Law Society of Zimbabwe is also concerned that violence against legal practitioners has continued to increase recently.
A few months ago, another member, Mr. Kudzayi Kadzere, was also assaulted by the police while rendering services as a legal practitioner to his clients.
To date, his assailants have not been arrested and held accountable for their actions.
In another case, Mrs. Fadzai Traquino, the Director of Women and Law Southern Africa Research Trust (WLSA), was subjected to cyberbullying by a disgruntled litigant resulting from her representation of the litigant’s estranged wife in a custody dispute.
The cyber-bullying of Mrs. Traquino through social media platforms was uncalled for because it sought to associate lawyers with their clients’ cause.
Lawyers have a right and an obligation to represent their clients free from bullying or threats of violence against their person.
The Law Society of Zimbabwe is appalled by the increase in attacks and the use of violence against legal practitioners because these acts directly undermine the Rule of Law in Zimbabwe.
Furthermore, the timing of the attacks is worrisome, given the upcoming harmonized elections. Inevitably disputes will arise, and parties have a constitutionally protected right to legal representation of their choice.
In this regard, the chosen lawyers should freely practice their profession without fear, favour, or at risk of being associated with their clients’ causes.
Attacks such as on Mr. Shava create negative perceptions about Zimbabwe’s human rights record. We, therefore, call upon the police to diligently investigate all cases of violence against legal practitioners.
We call upon the police to apprehend Mr Shava’s assailants.
We once again call for the authorities to ensure the safety of legal practitioners, particularly now as the country prepares for the general elections scheduled for August 23 this year.
We further call on all the relevant authorities to respect the principles and practices which advance the rights of lawyers to freely represent their clients in line with the regional and international standards that Zimbabwe acceded to.
The Law Society of Zimbabwe remains committed to upholding justice and the rule of law.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Law Society Of Zimbabwe Condemns "Brazen And Unprovoked" Attack On Obey Shava

Below is a statement by Crisis in Zimbabwe Coalition’s response to the brutal assault of human rights lawyer Obey Shava by unknown assailants in Harare on Wednesday evening.
<blockquote>
Crisis in Zimbabwe Coalition stands in unwavering solidarity with the Zimbabwe Lawyers for Human Rights and the human rights fraternity in denouncing the recent brutal physical attack of human rights lawyer Obey Shava.
Obey Shava is an ardent advocate for justice and human rights in Zimbabwe. His unwavering commitment to defending the rights of those in need has made him a formidable force against systemic oppression and injustice. J
Just this week, he secured the acquittal of victims of abduction, opposition legislator Joana Mamombe and activist Cecelia Chimbiri.
We condemn the assault on Shava in the strongest terms. This attack not only undermines the fundamental principles of justice and human rights but also poses a threat to the safety and well-being of those working tirelessly within the legal fraternity to safeguard these ideals.
The deteriorating electoral environment in Zimbabwe, as the nation approaches the August 2023 elections, presents a huge threat to our collective pursuit of a democratic and rights-respecting society.
The recent assaults, arbitrary arrests, and threats faced by individuals affiliated with CCC exemplify the escalating repression faced by those daring to freely express themselves through the vote, itself a fundamental gain of our esteemed liberation struggle.
We continue to witness, sadly, an escalation of political violence perpetrated mostly by members of the ruling Zanu PF party; disruption and banning of opposition political activities as well as a complete public media blackout on other political organizations across the country.
These actions only serve to undermine the credibility and fairness of the upcoming elections, casting a dark shadow over the future of democracy in Zimbabwe.
In light of these distressing developments as this only further adds questions to the credibility of the 2023 election:
We further urgently urge SADC and AU to intervene and exert their influence to ensure that the government of Zimbabwe upholds the principles of human rights, democracy, and transparent elections.
We implore these regional and continental bodies to exert diplomatic pressure on Zimbabwe, urging the government to immediately cease all acts of violence, intimidation, and harassment against political opponents, human rights defenders, and legal practitioners like Obey Shava.
<div>The Coalition further recommends that SADC and the AU engage in dialogue with the government of Zimbabwe, emphasizing the critical need for free and fair elections that reflect the true will of the Zimbabwean people.</div>
<div> </div>
<div>It is imperative that the Zimbabwean government provides an enabling environment for all citizens to exercise their democratic rights without fear of reprisal, coercion, or violence. </div>
</blockquote>
<div>
<blockquote>
Long-term stability and progress can only be achieved through inclusive governance, respect for human rights and the rule of law.
In this hour of heightened tension &amp; repression, we reaffirm our commitment to unity and solidarity in the pursuit of a just and democratic Zimbabwe.
</blockquote>
</div>
<div>More: <a href="https://www.pindula.co.zw/">Pindula News</a></div>

Crisis In Zimbabwe Coalition Condemn "Brutal Physical Attack" Of Human Rights Lawyer

Zimbabwean human rights lawyer Obey Shava was severely assaulted and left for dead by at least four men in Harare on Wednesday evening.
<a href="https://www.zimlive.com/prominent-rights-lawyer-brutally-attacked-left-with-broken-legs/">ZimLive</a> reported that the incident took place outside Selborne Routledge Primary School shortly after 7 PM.
Advocate Thabani Mpofu, who was briefed on the attack, said Shava “was viciously attacked this evening by four men who broke his legs and left him battling for his life.”
A vendor who witnessed the attack told ZimLive that Shava was attacked by at least four men driving in a green Mercedes Benz sedan and a Toyota GD6.
According to Mpofu, Shava received a call from a man claiming to have an urgent legal matter and he had agreed to meet the individual in the Belvedere area, where he intended to drop off a lawyer colleague.
He was attacked him soon after he came out of his car and the assailants also took his phone, Mpofu said.
The Law Society of Zimbabwe (LSZ) condemned the attack on Shava and denounced the “arbitrary use of violence”. It said:
<blockquote>
The Law Society of Zimbabwe has learnt with shock of the brutal attack on its member and human rights lawyer Obey Shava in Harare last night, 5th July 2023.
While we are still trying to gather details of the incident the Law Society of Zimbabwe is disturbed by the gory pictures circulating on social media and condemn in the strongest terms this arbitrary use of violence.
</blockquote>
Shava is one of the lawyers under the Zimbabwe Lawyers for Human Rights who represented CCC activists Joanna Mamombe, Cecelia Chimbiri and Netsai Marova in court.
The trio was arrested in 2020 and charged with falsifying their abduction by state security agents.
Mamombe and Chimbiri were acquitted of the charge on Tuesday, while Marova is out of the country.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Assailants Lured Human Rights Lawyer Obey Shava To Belvedere

The opposition Citizens Coalition for Change (CCC) has announced that lawyer, <a href="https://www.pindula.co.zw/Obey_Shava/">Obey Shava</a> was viciously attacked by four unidentified men who broke his legs. In a Twitter post seen by Pindula News, the party’s spokesperson, Advocate Fadzayi Mahere said:
<blockquote>
We’ve received a disturbing report that human rights defender &amp; lawyer @obeyshava1 was badly assaulted this evening. We condemn this savage act and wish him a speedy recovery.
</blockquote>
According to reports, four assailants broke his legs and left him fighting for his life. In a Twitter post, Advocate Thabani Mpofu, another top CCC lawyer, expressed his concern over the safety of citizens during this tumultuous season. He said: 
<blockquote>
Top CCC Lawyer Obey Shava was this evening viciously attacked by 4 men who broke his legs and left him battling for his life. The safety of our citizens must be uppermost on the state’s agenda, particularly during this crazy season. Wishing this champion a speedy recovery.
</blockquote>
Former ZINASU leader, <a href="https://www.pindula.co.zw/Makomborero_Haruzivishe/">Makomborero Haruzivishe</a>, condemned the attack suggesting that the perpetrators were sent by the ruling ZANU PF. He said:
<blockquote>
The attack on multi-award-winning human rights lawyer @obeyshava1 by state agents in Harare this evening is alarming. Our hardworking and passionate human rights lawyer doesn’t deserve this savage attack breaking his legs and leaving him battling for his life. #ZanuPfMustGo
</blockquote>
ZAPU has also taken to Twitter to condemn the brutal and barbaric attack on human rights lawyer Obey Shava by alleged ZANUPF thugs. The party said the attack is a clear indication that the perpetrators have resorted to their Mgagao settings, which is deeply concerning. ZAPU tagged SADC and the African Union in their post, highlighting the need for regional and continental bodies to take action against such acts of violence.
More Pindula News

Unidentified Men Attack CCC Lawyer Obey Shava, Break His Legs

ZRP yesterday arrested 9 students who were protesting outside a Magistrate Court in Harare following the arrest of Takudzwa Ngadziore the ZINASU president who was arrested for protesting at Impala Car rental, ZimLive reports.
The police reportedly rounded up Nancy Njenge, Donald Marevanhema, Talent Jinga, Arnold Mazonde, Mitchell Lieto, Zvikomborero Mumbirimi, Takudzwa Gwaze and John Ncobo and reports say they were driven away in the back of a police vehicle.
Their lawyer Obey Shava said the group would sleep in police custody and they will appear in court today. The students are facing public disorder charges.
Meanwhile, <a href="https://news.pindula.co.zw/2020/09/14/zinasu-president-freed-on-2-000-bail/">Takudzwa Ngadziore was released on $2 000 bail 4 days after his arrest.</a> Ngadziore was arrested for taking part in a demo that demanded Impala Car Rentals to release the details of the people who hired a vehicle that was used to abduct MSU student Tawanda Muchehiwa.
More: <a href="https://www.zimlive.com/2020/09/14/9-students-arrested-after-solidarity-protest-for-zinasu-leader/">ZimLive</a>

ZRP Arrest 9 Students Protesting Outside Harare Magistrate's Court

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