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Political
Violence Report: March 2003 - Overview
Zimbabwe Human
Rights NGO Forum
April 09, 2003
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Overview
Disturbing
incidents of violence and gross human rights violations have been
documented in the month of March, indicative that the human-rights
situation in Zimbabwe is deteriorating critically. The bulk of these
incidents surrounded two events: the mass stayaway from 18 to 19
March 2003 and the 2 parliamentary by-elections in Highfield and
Kuwdzana constituencies in Harare. The Zimbabwe Human Rights NGO
Forum strongly condemns all forms of violence regardless of which
quarter they originate. The Human Rights Forum condemns torture
on the basis of political affiliation or on any other basis. The
Human Rights Forum equally deplores implementation of violence by
all political parties as a means of garnering support or of expressing
discontent.
The majority
of cases occurred during and following the stay-away called for
by the main opposition party MDC. There is no justification for
any of the incidents that occurred. There is an obligation on Government
to ensure that torture is not unleashed on its citizens by State
Security Agents. There are equal obligations on political parties
to restrain their supporters from committing acts of violence against
those hold divergent views from them. Furthermore individuals also
have a duty to desist from committing violent actions against each
other.
The vast majority
of the human rights violations documented this month included the
use of torture by state agents, those specifically alleged to have
been involved being the army and police, who used violence and torture
as a means of investigating, as a means of locating a person suspected
of committing an offence and as a means of obtaining a confession
from the real or perceived perpetrator of a crime. The majority
of the victims identified their assailants as people who were dressed
in Zimbabwe National Army and Zimbabwe Republic Police uniforms
who tortured them in their homes. Some report having been taken
away from their homes in military combat vehicles and later dumped
some distance away from their homes. Others report having been taken
to police stations where they were further tortured. Instruments
employed in the torture of these victims were mainly batons sticks,
chains, sjamboks, and rifles.
In Budiriro,
for instance, ZRP officers were reportedly attacking victims
at night while they were asleep at home and assaulting them.
In one case, BN was asleep at home when riot police officers woke
him up around 2 am and reportedly assaulted him with baton sticks,
hose pipes and sjamboks, because he did not know the whereabouts
of a certain MDC supporter. ZC of Budiriro purported that riot police
officers approached him at 12 midnight, accused him of being an
MDC supporter, and assaulted his back with a baton stick. In Nkayi,
riot police and other civilians reportedly arrived at RM’s house
at around 1 am, hurled insults at him and took him to a camp where
he alleges that he was tortured through means of electrocution to
force him to admit that he had burnt down the ZUPCO bus and that
he belongs to the MDC. He was assaulted until the following morning.
In Mutare Central, SK, a journalist, had accompanied
a colleague to a police station when he was pushed into an office,
arrested and denied access to his lawyer having been overheard by
a police officer talking about the 19 to 20 March 2003 mass stay-away
on his mobile phone. He was reportedly accused of being a sell-out
and an MDC supporter. In Harare Central, William Nyamangara (MD
of Sovereign Publishers Private Ltd) and Mhlabene Bhebhe (Origination
Manager) were reportedly arrested on allegations of printing subversive
material. Their company offices were ransacked by members of the
ZRP and the 120 000 flyers that had been printed calling for the
mass stay-away were confiscated.
In Dzivaresekwa,
Tapiwa Nemaura, Beauty Murwisi, Matilda Listoni, Costa Machiwenyika,
Kerina Mugandidze and Royai Makona were reportedly ordered to lie
on the floor and were then beaten up with barbed wires by ZNA forces
at Kadada Night-club. They sustained serious injuries. In Chitungwiza,
a group of soldiers reportedly arrived around midnight at Royal
Crown Nightclub at Chikwana, surrounded the premises, entered the
nightclub and beat up patrons. They are reported to have ordered
revellers to lie down, undress and paired them off with patrons
of the opposite sex then forced them to have unprotected sex. In
Mabvuku Margret Kulinji, (MDC Women’s League Secretary), Sonile
(mother) and Crispen (brother) were reportedly assaulted by ZNA
forces on accusations of taking part in the burning of a ZUPCO bus
and of being MDC activists. Margret was reportedly dragged out of
her bedroom into waiting tankers, and then was taken to a base where
she was assaulted with baton sticks and electric cords. Sonile was
also dragged into the bedroom, had her legs forced apart, and a
gun stuck into her genitals. Crispen was also assaulted.
The Presidential
Guard has also been implicated in the perpetration of OVT, as TM,
BP, EM and SW and 22 other MDC supporters claim. They allege that
they were coming from Hatcliffe where they had been attending an
MDC rally and were driving past State House when the Presidential
guard ordered them to disembark, force marched them to the state
house and then assaulted them on accusations of chanting MDC slogans
and not leaving the President to enjoy his peace. In Harare Central,
FC was coming from delivering the Sunday Mail newspaper at Jonathan
Moyo’s (Minister for Information and Publicity in the President’s
Office) house on a bike when a soldier guarding State House stopped
him, asked him why he was looking at the President’s house, struck
him on the head with a steel bar and assaulted him with boots in
a drainage trench within State House.
The fabric of
Zimbabwean society is at grim risk if the level of state organized
violence and torture, demonstrated in the incidents above, is maintained
or increased. Equally damaging would be the use of organised violence
by ZANU PF to suppress dissenting opinions and in the same vein
MDC resorting to violent action as a means of expressing dissent.
Lovemore Muhlomeri
(Daily News vendor at Corner Robert Mugabe and 4th Street in Harare)
alleged that he was severely assaulted by ZANU PF supporters because
he was selling the Daily News. The youths are said to have confiscated
and torn up copies of the newspaper. In Kwekwe Abednico Malinga
(MP for Silobela, MDC) was allegedly assaulted by ZANU PF supporters
while in a fuel queue at a service station. They told him to "refuel
his car in Britain" as the fuel there "did not belong
the MDC President". He was allegedly hit on the head with an
empty bottle and sustained a deep cut. In Chitungwiza, Mthulusi
Mlilo was reportedly dragged from Nkabayinde Business Centre to
a District Development Fund truck by one Khiwa and unnamed ZNLWVA
members, and was severely assaulted during his one day detention
before his release. Mloyi’ s clothes and underwear were discovered
the following day at the spot he is believed to have been abducted.
In Uzumba Maramba Pfungwe, ZANU PF youths and war veterans reportedly
set alight the entrance to SC’s house. She claims that they beat
her up, and when her husband tried to escape, they cornered him
and severely assaulted him with sticks and stones. Some victims
complained that they were assaulted on account of their political
affiliation. SB claims that she was on a bus from the city to Kuwadzana
when some war veterans and ZANU PF youths grabbed and dragged her
to a secluded area, administered electric shocks to her and then
assaulted her on accusations of supporting the MDC.
MDC supporters
allegedly stopped an omnibus and ordered occupants, including pre-school
children, to disembark before petrol bombing the omnibus in Chitungwiza.
The bus was burnt to ashes. In Mufakose, Sergeant Kasina, Constable
Mubayiwa and two other policemen were allegedly beaten by Pilani
Mukwayi and 17 other MDC supporters who demanded that they leave
their rally in Mufakose, Area J Ground. In Highfield, a group of
suspected MDC supporters is also alleged have assaulted the caretaker
at Mhizha Primary School with sticks and booted feet, and then threatened
him not to let Chinotimba hold the rally at the school.
Totals: 1
March 2003 - 31 March 2003
Cumulative Totals 1 January
2003 To 31 March 2003
Sources: The information
contained in the monthly violence reports is derived from statements
made to the Legal Unit of the Zimbabwe Human Rights Forum, CFU reports,
newspaper reports, and statements taken by the member organisations
of the Human Rights Forum.
However for
this issue, information has been extracted from press reports only.
Note to the
tables
Torture:
All cases
of torture fall under the definition of torture according to the general
definition given in the United Nations Convention Against Torture and
Other Forms of Cruel, Inhuman and Degrading Treatment and Punishment.
The four elements
of torture are:
- Severe pain and suffering, whether physical or mental
- Intentionally inflicted
- With a purpose
- By a state official or another individual acting with the acquiescence
of the State.
Those individuals referred to in point # 4
include the ZRP, ZNA, ZPS and the ZNLWVA (as a reserve force of
the ZNA) and by any other grouping when directly sanctioned by the
state.
Unlawful arrest and detention:
Arrest by the Zimbabwe Republic
Police (ZRP) with no reasonable suspicion that an offence has been
committed. Detention thereafter for a period exceeding 48 hours
without access to redress through the courts or subsequent release
without charge.
Abduction/kidnapping:
A kidnapping by a member(s)
of an organised group that is not the ZRP organisation. political
party, ZNLWVA, ZNA, MDC, Zanu PF etc
Disappearance:
Kidnapped persons whose whereabouts
remained unknown at the time of reporting. Their whereabouts have
still to be ascertained through follow –up reports or further investigation.
Property related
These are incidents in which
property rights have been violated. This includes arson, property
damage and destruction and theft.
Key Abbreviations
CIO
- Central Intelligence Organisation
MDC
- Movement for Democratic Change
MP
- Member of Parliament
NAGG - National Alliance for Good Governance
NCA
- National Constitutional Assembly
OVT - Organised Violence and Torture
POSA - Public Order and Security Act
PTUZ - Progressive Teachers Union of Zimbabwe
UMP
- Uzumba Maramba Pfungwe
ZNLWVA
- Zimbabwe National Liberation War Veterans Association
ZNA
- Zimbabwe National Army
ZRP
- Zimbabwe Republic Police
Zanu
PF - Zimbabwe African National Union Patriotic Front
ZIMTA
- Zimbabwe Teachers Association
ZUPCO - Zimbabwe United Passenger Company
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