His Excellency President Robert Mugabe
Office of the President
Causeway, Harare
Zimbabwe

Fax: +263 4 728 799 / 708 820 / 734 644

Vienna, 3 April 2002

Your Excellency,

The International Press Institute (IPI), the global network of editors, leading journalists and media executives, is profoundly concerned at the treatment of journalist Peta Thornycroft at the hands of the Zimbabwean police.

According to information provided to IPI, Thornycroft, who reports for South Africa’s Mail and Guardian and Britain’s Daily Telegraph, was released on Sunday, 31 March, after spending 72 hours in police custody. Her release came after a hearing before a High Court judge at 15.15 that day. At the hearing, the court ordered the police to release the journalist because there were insufficient grounds to detain her. The court took the view that the police had failed to make out a formal charge and, as a result, were not justified in holding Thornycroft. During her detention, the journalist was interrogated for five hours.

With regard to the formal process of arrest and detention, IPI is alarmed by the behaviour of the police. On the basis of statements made by Thornycroft, neither she nor her lawyer Tapiwa Kujinga are aware of the possible charges against the journalist. Indeed, Thornycroft has indicated that police changed the charges almost every time Kujinga or she questioned them.

At first, the police stated Thornycroft would be charged with practicing journalism without the proper accreditation. The possible charge was amended to “publishing false statements likely to be prejudicial to state security” and “incitement to public violence” under the Public Order and Security Act. Another amendment was subsequently made when the journalist was told she would be charged with driving a car carrying registration plates that were either illegal or inappropriate. Finally, Thornycroft was released and the court ordered the police to return her car.

Aside from the questionable and confusing arrest procedure, the authorities also confiscated Thornycroft’s passport. Furthermore, they have failed to state whether they intend to return the passport. As a result, Thornycroft has been prevented from travelling. She had been hoping to visit South Africa in mid-April.

With regard to the charges, IPI believes that the Zimbabwean police have failed to follow one of the fundamental tenets of law, namely, that a defendant has the right to know and understand the nature of the possible charges made out against her. This right is at the core of the generally accepted principle that a defendant has the right to raise a defence and is presumed innocent until proven guilty. In this present case, Thornycroft has been prevented from understanding the nature of the possible charges against her and because of this denial she is unable to rebut the charges. She is therefore in the unjust position of being accused of a vague and unclear crime without the ability to prove her innocence.

As a result, IPI believes that the arrest and detention of Thornycroft is in breach of article 9 of the United Nations Universal Declaration of Human Rights which states, “No one shall be subjected to arbitrary arrest, detention or exile.”

Concerning the behaviour of the police, IPI is forced to conclude that it has been engaged in a “fishing expedition” at the behest of the Zimbabwean government. The lack of precision in defining the charges and the overall confusion surrounding the case would appear to indicate a heavy handed attempt at intimidating Thornycroft. Indeed, IPI believes the purpose of the arrest and detention of the journalist is little more than a concerted effort to intimidate and frighten all independent journalists working for foreign media organisations.

IPI calls upon the Zimbabwean government to cease its intended prosecution of Thornycroft and to allow all journalists within the country to practise their profession without interference. By doing so, you will be guaranteeing freedom of expression and freedom of the media in Zimbabwe.

Yours sincerely,

Johann P. Fritz
Director

Background Note:
Zimbabwe was placed on the IPI Watch List on 20 October 2001. In its press release IPI said, “[It] is deeply concerned at attempts to extinguish press freedom in the country against a background of government support for this activity and reluctance to prosecute offenders, restrictions imposed, or contemplated, by the government on the media, and the breakdown of the rule of law.”