UN Special Rapporteur send "urgent" appeal

The UN's Special Rapporteur on the Independence of Judges and Lawyers has once again expressed concern over recent developments in Zimbabwe regarding the independence of the judiciary. In a statement on Wednesday, Dato' Param Cumaraswamy said he had sent an "urgent appeal" to the Zimbabwean government following a threat by a member of the War Veterans Association, Mike Moyo, that "squads of the war veterans would invade the houses of judges refusing to resign and that they would harm those judges and their families". Cumaraswamy said: "Harassment, intimidation, attacks and threats against an independent judiciary and its judges will in fact be seen as a direct assault on the rule of law. The rule of law which is so pivotal for democracy and sustainable development in any country, now has deteriorated further and appears to be very much in jeopardy in Zimbabwe." The Special Rapporteur added: "If these further threats and intimidation are true, then the earlier assertion of the government on 12 February 2001 that the 'judiciary is alive and thriving in Zimbabwe' cannot possibly be sustained." Cumaraswamy stressed: "The obligation to guarantee an independent judiciary implies the state's obligation to protect and defend the judiciary from intimidation, harassment, attacks and threats from any quarter or for any reason. On the contrary, it is extremely disturbing to note from information received that members of the executive in Zimbabwe are heard actively expressing and encouraging such attacks." Reiterating a position made known to the government in recent weeks, Cumaraswamy called on the authorities to guarantee the independence of the judiciary, protect the safety of judges,honour the judgements of the Supreme Court and restore the rule of law. On Thursday the Zimbabwean government said it wanted "to weed" out judges who had allegedly lost their impartiality. "This judiciary in Zimbabwe has failed to discharge its constitutional responsibility in an impartial manner. It has been grossly partisan, grossly biased," Information Minister Jonathan Moyo said in an interview with Reuters Television.