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The Zimbabwe Lawyers for Human Rights (ZLHR) has condemned the actions of the country’s law enforcement following the arrest of Tom Ssekamwa, a 24-year-old Ugandan citizen, and Lukas Slavia, a 37-year-old citizen of the Czech Republic, in Masvingo earlier this month.
In a statement released on Wednesday afternoon, the ZLHR condemned the arrests, describing the charges of criminal nuisance and violations of the Censorship and Entertainment Control Act as baseless.
Both Slavia and Ssekamwa were acquitted by the courts. Slavia was “escorted” out of Zimbabwe by immigration authorities from Masvingo Remand Prison to Robert Mugabe International Airport on August 24, while Ssekamwa awaits a similar outcome. Reads the statement:
<blockquote>
Zimbabwean authorities have been left abashed after a Masvingo court ended the 3-week detention of 2 tourists, who were arrested by ZRP early in August, by acquitting them of spurious charges of criminal nuisance and contravening the country’s Censorship and Entertainment Control Act.
Tom Ssekamwa, a 24-year-old Ugandan citizen, had been on trial at Masvingo Magistrates Court, after he was arrested on 1 August by ZRP officers and charged with contravening section 26(1)(a) of the Censorship and Entertainment Control Act.
During trial, which was presided over by Masvingo Magistrate Isaac Chikura, prosecutors claimed and accused the Ugandan national of unlawfully being in possession of an artificial penis, Dulex real feel 50ml tub and climax for men in his bag, an article which prosecutors said is prohibited from being possessed by anyone.
Apart from answering to charges of contravening section 26(1)(a) of the Censorship &amp; Entertainment Control Act, Ssekamwa was also charged with criminal nuisance as defined in section 46 of Criminal Law (Codification and Reform) Act.
Prosecutors alleged that the Ugandan citizen unlawfully held in his possession an artificial Dulex real feel 50ml tub ad climax for men in his bag, which are all prohibited items.
They claimed that ZRP officers, who conducted a search on Ssekamwa’s room at Backpackers Rest Budget in Masvingo recovered the alleged offensive items in his bag and stated that the tourist’s conduct was unlawful.
But on Monday 26 August 2024, Magistrate Chikura acquitted Ssekamwa after ruling that he had not committed any offence as had been alleged by ZRP officers and prosecutors.
Magistrate Chikura ruled that prosecutors had failed to follow mandatory procedures provided in the Censorship and Entertainment Control Act, which required the state to obtain a Certificate of Authority to Prosecute issued by the Prosecutor-General or the Deputy Prosecutor-General in terms of the law.
The Magistrate stated that the state should have first satisfied the requirement that there is an existence of a government gazette, which gazetted artificial penis as a prohibited item in Zimbabwe.
Earlier on, Magistrate Chikura on Friday 23 August also acquitted Lukas Slavia, a 37-year-old Czech Republic citizen, who had been on trial after he was arrested together with Ssekamwa on 1 August by ZRP officers and charged with publishing or communicating false statements prejudicial to the state as defined in section 31(a) of the Criminal Law (Codification and Reform) Act or alternatively with criminal nuisance as defined in section 46 of the Criminal Law (Codification &amp; Reform) Act.
During trial, prosecutors told Magistrate Chikura that the Czech national, recorded a video clip of some mourners while stating and lamenting water shortages and electricity outages in Masvingo province.
Prosecutors later dropped charges of publishing or communicating false statements prejudicial to the state and proceeded with his trial on criminal nuisance charges.
But Slavia, who was represented by Knowledge Mabvuure of the Zimbabwe Lawyers for Human Rights (ZLHR), was acquitted by Magistrate Chikura on 23 August, who ruled that the alleged video clip recorded by the tourist was not offensive and did not constitute a criminal act but was just a factual narration of issues obtaining on the ground.
Slavia, Magistrate Chikura ruled, did not interfere with the public, when he allegedly recorded the video clip.
On 24 August, Slavia was “escorted” out of Zimbabwe by immigration authorities from Masvingo Remand Prison to Robert Mugabe International Airport, for him to leave the country.
The same fate awaits Ssekamwa too, who on Wednesday 28 August, was being driven from Masvingo Remand Prison to Robert Mugabe International Airport, for him to leave Zimbabwe.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Zimbabwean Human Rights Lawyers are mad about the arrests of tourists from Uganda and the Czech Republic. The tourists were charged with silly offenses but were later found innocent by the court. The police did not follow the correct rules when arresting them. The tourists were claimed to have done bad things, but the court said they didn't do anything wrong. The tourists were taken out of Zimbabwe by immigration officials and were told to leave the country. Zimbabwe Lawyers for Human Rights helped the tourists in their cases.

Zimbabwean Human Rights Lawyers Condemn Arrests Of Ugandan And Czech Citizens

Lucas Slavik, a Czech tourist, was arrested on August 2, 2024, for alleged disorderly conduct. However, on Saturday afternoon, Masvingo magistrate Isaac Chikura acquitted Slavik of the charges.
Despite his acquittal, Slavik remained in custody as the Department of Immigration blocked his release.
Even the bail granted to him by the High Court in Masvingo on Wednesday was also obstructed by the immigration authorities.
Later on Saturday, the Zimbabwe Lawyers for Human Rights (ZLHR) reported that immigration authorities were “escorting” Slavik from Masvingo to Robert Mugabe International Airport, presumably to facilitate his departure from the country.
ZLHR’s executive director, Roselyn Hanzi, expressed concern that the treatment of Slavik by the Zimbabwean authorities could have far-reaching implications on the country’s perception as a safe tourism destination. She added:
<blockquote>
Whilst the Czech Republic can explore international law rules, as they have an obligation to protect their nationals under international law, this could have been avoided. States have sometimes taken each other to the International Court of Justice, when they feel that rights of their citizens have been violated.
</blockquote>
According to <a href="https://masvingomirror.com/czech-tourist-acquitted-but-will-stay-on-in-prison/">The Mirror</a>, Magistrate Chikura, in his ruling, remarked that Slavik had stated he recorded the video for which he was arrested solely to capture great memories of his time in Zimbabwe.
The magistrate further noted that Slavik did not make any false statements as alleged by the State and the State witnesses, which included senior police officers who contradicted each other during cross-examination.
Magistrate Chikura also concluded that there was no evidence from the police that Slavik had been a public nuisance.
The State had changed the charges against Slavik three times, with the last change occurring after he had been granted bail by the High Court in Masvingo.
Slavik’s lawyer, Knowledge Mabvuure of Chihambakwe Law Chambers, expressed surprise at the Immigration Department’s decision to block Slavik’s release.
The Immigration Department claimed they wanted to investigate further to see if Slavik had committed any other crimes in Zimbabwe.
The Czech Republic’s Deputy Ambassador to Zimbabwe, Michal Novak, who attended the ruling, stated that he was pleased Slavik had been acquitted, adding that his time in prison had been difficult.
The State had initially charged Slavik with disturbing the public peace by making statements in a video he recorded near the Masvingo Central Police Station.
However, the magistrate ruled that Slavik had merely recorded himself uttering the following words, which the police officers had deemed to be false:
<blockquote>
People were fighting at the Police station and Police is chasing them away. We have had 12 hours without electricity. At Backpackers Lodge where I stay there is no water. The accommodation charge is US$25-30 per day and it is not worth it. Apparently the President is supposed to come today.
</blockquote>
The magistrate said Slavik’s utterances in the video could be interpreted as an expression of opinion rather than factual information, and that his proximity to the crowd suggested he was an observer rather than an active participant, and therefore not a nuisance. Said Chikura:
<blockquote>
When the accused took the video, he was far away from the people, causing no annoyance or disturbance and the video was taken for the purposes of creating great memories for himself.
</blockquote>
Deputy Ambassador Novak said that the role of the Embassy was to observe the situation and provide consular support and assistance to a citizen from their country. Said Novak:
<blockquote>
After three weeks of him being detained, we are happy that the court ruled and acquitted him. Obviously three weeks spent in prison must have been very difficult for our national and we are glad that the proceedings resulted in his acquittal.
</blockquote>
Initially, Slavik was charged for allegedly publishing a false statement with the intention to incite the public. The charge was later changed to disorderly conduct after he was granted bail last week.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

A tourist from Czech Republic, Lucas Slavik, was arrested for disorderly conduct, but a judge said he was not guilty. Still, immigration officials won't let him go. They blocked his bail and want to investigate more. The tourist just wanted to make happy memories in Zimbabwe. The magistrate said he didn't cause any problems. The Czech Republic is glad he was acquitted. The embassy is supporting him. The situation could affect tourism in Zimbabwe.

Czech Tourist Acquitted By Magistrate But Kept In Detention By Immigration Officials

The Czech Republic Embassy in Lusaka, Zambia has written to Zimbabwe’s Ministry of Foreign Affairs and International Trade requesting detailed information on the charges faced by the country’s national, Lukas Slavik.
According to <a href="https://masvingomirror.com/czech-embassy-writes-to-ministry-of-foreign-affairs-over-detained-tourist/">The Mirror</a>, Slavik was arrested for allegedly recording himself in a video at a funeral in Masvingo, where he allegedly made comments about Zimbabwe’s electricity and water challenges.
Slavik was detained from August 2 until his release on US$500 bail on August 21.
The Czech Embassy stated that the letter to the Ministry of Foreign Affairs was being written in accordance with the provisions of the Vienna Convention on Consular Relations.
The Embassy requested a comprehensive list of the specific charges brought against Slavik, as well as the laws and legal provisions under which the charges were filed.
Additionally, the Embassy sought information on Slavik’s current legal status, including any ongoing legal proceedings or hearings, and details on how to establish communication with him, including any procedures for consular visits or correspondence.
The letter from the Czech Embassy was produced in the High Court when Slavik applied for bail. He is represented by Knowledge Mabvuure of Chihambakwe Law Chambers.
Slavik was charged with publishing false statements intended to incite public unrest.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

The Czech Embassy in Zambia asked Zimbabwe about why their citizen, Lukas Slavik, was arrested for making a video at a funeral. Slavik was released on bail after being held for a few weeks. The Embassy wants to know the exact charges and laws he broke. They also want to know about his legal status and how they can talk to him. Slavik's lawyer is helping him in court. He was charged with saying things that could cause trouble in public. The Embassy wants to make sure everything is fair for Slavik.

Czech Embassy Seeks Clarity From Zimbabwe On Charges Against Detained Tourist

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