EX.CL/717 (XX) Page 159 Communication 361/08: J.E Zitha & P.J.L.Zitha (represented by Prof. Dr. Liesbeth Zegveld) v Mozambique Summary of Complaint 1. The Communication is submitted by Prof. Dr. Liesbeth Zegveld (Attorney at Law) (hereinafter called the Complainant) on behalf of Mr Jose Eugency Zitha (herein after called first victim) and Prof. Pacelli L.J. Zitha (herein after called second victim). The Respondent State is the Republic of Mozambique a State party to the African Charter on Human and Peoples’ Rights (the African Charter or the Charter)57. 2. Mr. Jose Eugency Zitha was a citizen of Mozambique, born on 15 April 1939 in Magude, Mozambique and lived in Matola. Prior to his arrest and detention on 26 October 1974, he was a medical student at the University of Lourenco Marques in Mozambique, where he was enrolled in the Faculty of Medicine from 1968 and 1974. 3. The second victim, Prof. Pacelli L.J. Zitha, the son of the first victim, is a citizen of France, born on 19 October 1961 in Mozambique. He is currently living in The Netherlands and by profession, he is a Professor of Oil and Gas Production with the Delft University of Technology. 4. It is alleged that on 26 October 1974, the first victim was requested by the Minister of Home Affairs of the Transition Government of Mozambique58, Mr. Armando Guebuza, to join a meeting of the members of the grupos dinamisadores. He was taken to the meeting in a military vehicle, accompanied by armed FRELIMO59 soldiers. When he entered the meeting room, under the escort of heavily armed militia, he was humiliated and accused of being a betrayer. 5. It is alleged that Mr Guebuza ordered his arrest and detention at the head quarters of FRELIMO Armed Forces in Boane. He was not informed about the reasons for his arrest. His family, including his son, the second victim, were not informed nor notified of these events. After five days of thorough search by second victim and his family, they discovered that the first victim was detained at the prison of Boane. 6. A few weeks later, the first victim suddenly disappeared from the prison in Boane. After a few days the second victim found out that his father, the first victim, had been transferred to the former Cadeia Judiciaria in Maputo. Around the beginning of 1975, the second victim met the first victim for the last time at Cadeia Judiciaria in Maputo. After that visit, the first victim suddenly disappeared from the prison in Maputo. 7. The Complainant alleges that an article from the Tanzania Daily News of 23 April 1975 indicated that the first victim was paraded in public on 21 April 1975 at the 57 58 59 Mozambique ratified the African Charter on 22 February 1989. The Transition Government of Mozambique was formed after the Lusaka Agreement in 1974 The ruling party of Mozambique.

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