In a letter addressed to President Museveni of Uganda, the ICJ expressed its concern at the Law Council’s intention to enforce a 1977 regulation that essentially aims to abrogate freedom of expression for lawyers.
The ICJ welcomed the Prosecution’s decision to withdraw charges against Fergus Blackie (photo), a retired Zimbabwean judge accused of corruption and obstructing the due administration of justice.
Former Judge Blackie was arrested in September 2002, two months after his retirement, and spent three nights in prison.
The former judge was facing charges after he acquitted a white woman accused of theft and sentenced the Justice Minister, Patrick Chinamasa, to a three-month term of imprisonment for contempt of court. According to various national and international observers, the charges against Blackie, who is white, were politically and racially motivated. He was also seen as being too “independent”.
“The ICJ hopes this decision will be the beginning of full respect for human rights and the rule of law in Zimbabwe”, said Linda Besharaty-Movaed, Legal Advisor of the ICJ. “We believe this is just a small step in the right direction, however, more changes are needed. With the ongoing trials of Morgan Tsvangirai, the leader of the opposition party, who is accused of treason, and Judge Paradza, who is charged with corruption, the eyes of the international community will more than ever be on Zimbabwe”.
The ICJ sent a trial observer to monitor the trial of former Judge Blackie, however, charges were withdrawn prior to the hearing. The ICJ is also monitoring the trials of Morgan Tsvangirai and Judge Paradza.
Zimbabwe-charges judge-press release-2003-eng (full text, PDF)
The ICJ condemned joint Malawi/US action to deport five suspects from Malawi in the name of terrorism and in violation of a court order.
The conviction of two lawyers and the proceedings against three other lawyers for refusing to appear before an unconstitutionally appointed judge constitute the most recent violation of the rule of law in Swaziland.
An ICJ delegation will visit Swaziland from 12-20 January to gather information on the functioning of the judiciary and legal profession.
The ICJ deplores the refusal of the Government of Zimbabwe to honour its invitation for an ICJ fact-finding mission to examine threats to the independence of judges and lawyers.
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