Case History: Evan Mawarire
On 8 February 2017, Evan Mawarire was released on bail on condition that the state kept his passport. On 29 November 2017, the human rights defender was acquitted. On 1 February 2017, Evan Mawarire was arrested upon his arrival at Harare International Airport. He is being detained at Harare Central Police Station.
Evan Mawarire is a pastor and human rights defender who works on exposing corrupt practices within the Zimbabwean government through non-violent means. On 19 April 2016 he released a video using the Zimbabwean flag as a metaphor for the deteriorating civil, political, social and economic situation in Zimbabwe. Additionally, the video aims to describe how Zimbabweans could enact positive changes to improve their human rights situation and to implement good governance. The video was part of a Zimbabwe-wide campaign entitled #ThisFlag, that included the non-violent movement, #ShutDownZimbabwe2016; a peaceful protest movement that encourages citizens, including civil servants, to strike on certain days, and to stay home in order to raise attention to the movement’s calls on the government.
UPDATE: On 8 February 2017, Evan Mawarire was released on bail on condition that the state kept his passport. On 29 November 2017, the human rights defender was acquitted.
On 1 February 2017, Evan Mawarire was arrested upon his arrival at Harare International Airport. He is being detained at Harare Central Police Station.
Evan Mawarire is a pastor and human rights defender who released a video using the Zimbabwean flag as a metaphor for the deteriorating civil, political, social and economic situation in Zimbabwe on 19 April 2016. The video describes how Zimbabweans can enact positive changes to improve their human rights situation and to implement good governance. The video catalyzed the #ThisFlag movement and sparked widespread protests throughout 2016 that called for democracy and for the resignation of President Robert Mugabe.
Lawyers for Evan Mawarire report that he is being charged under Chapter III of the Criminal Law (Codification and Reform) Act of 2004 for “subverting constitutional government”. He was arrested immediately upon his arrival at the airport on 1 February 2017, after spending approximately six months in the US. Evan Mawarire fled Zimbabwe in mid-July 2016 following the #ThisFlag and #ShutDownZim protests. He encouraged the protest as a means to resist what he saw as a lack of democracy and transparency in the government.
At 9 am on 12 July 2016, Evan Mawarire went to Harare Central Police Station at the request of the Criminal Investigation Department (CID) where he was questioned about his human rights work. He was detained and charged with “incitement to commit public violence” under section 36 of the Criminal Law (Codification and Reform) Act. Later the same day, a search warrant was issued by the Senior Magistrate at the Judicial Service Commission to search Evan Mawarire’s home, church offices and any person on the property for a stolen police helmet, baton stick and any subversive material. According to reports, after completing their searches, the police forces had not found the objects listed on the search warrant.
On 13 July 2016 in Harare Magistrate Court, the charge against him was changed by the prosecution to “subverting a constitutionally elected government”, a crime that is required to be tried by the High Court under Zimbabwe Law. Later the same day, Evan Mawarire’s lawyers successfully argued that it was unconstitutional to change the charges against the defendant in the Court, without prior notification and the human rights defender on 13 July 2016.
Front Line Defenders believes that the re-arrest of Evan Mawarire is directly related to his work in the defence of human rights, and Front Line Defenders sees this as part of a larger pattern of harassment against human rights defenders in Zimbabwe, especially those working against corruption and impunity and for good governance.
Update 14 July 2016: In the afternoon of 13 July 2016, the Magistrate Court in Harare ordered the release of human rights defender Pastor Evan Mawarire and dismissed the charge against him. The human rights defender was brought to the court in the morning, on charges of incitement to commit public violence. During the trial, the charge was changed to subverting a constitutionally elected government. The court, however, later found that his rights as a defendant were violated, because the prosecutor had changed the charge against him during the trial.
At 9 am on 12 July 2016, Evan Mawarire went to Harare Central Police Station at the request of the Criminal Investigation Department (CID) where he was questioned about his human rights work. He was detained and charged with incitement to commit public violence under section 36 of the Criminal Law (Codification and Reform) Act. Later the same day, a search warrant was issued by the Senior Magistrate at the Judicial Service Commission to search Evan Mawarire’s home, church offices and any person on the property for a stolen police helmet, baton stick and any subversive material. According to reports, after completing their searches, the police forces had not found the objects listed on the search warrant. On 13 July 2016 in Harare Magistrate Court, the charge was changed to subverting a constitutionally elected government, a crime that is required to be tried by the High Court under Zimbabwe Law.
Since the release of the #ThisFlag video, Evan Mawarire has been harassed and threatened a number of times. He has received anonymous phone calls where the persons demanded that he abandon his work and threatened his physical security and that of his family. On 16 May 2016, the human rights defender was insulted by Information Communication Technology Minister Supa Mandiwanzira as he was leaving a radio interview at the radio station, ZiFM Stereo.
Front Line Defenders believes that the arrest, search and charges against human rights defender Evan Mawarire are directly related to his work in the defence of human rights, and Front Line Defenders sees this as part of a larger pattern of harassment against human rights defenders in Zimbabwe, especially those working against corruption and impunity and for good governance.
Front Line Defenders urges the authorities in Zimbabwe to:
1. Immediately and unconditionally release Evan Mawarire, as Front Line Defenders believes that he is being held solely as a result of his legitimate and peaceful work in the defence of human rights;
2. Immediately drop the charge of subverting a constitutionally elected government against Evan Mawarire;
