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Political
Violence Report 1-30 May 2003 - Overview
Zimbabwe Human
Rights NGO Forum
June 17, 2003
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Overview
Allegations of torture by State Agents continue to surface. The
majority of the perpetrators were reportedly dressed in army and
police uniforms and as such the victims plausibly concluded them
to be ZNA and ZRP personnel. Such identity appears to have been
confirmed by the use of police and army vehicles and by arrest and
detention at police stations following the act of torture. Most
reports have emanated from Harare. Soldiers and police officers
have on many occasions been reported as forcing entry into victims'
homes, assaulting them with baton sticks, booted feet and open palms,
apparently on the basis of their real or perceived support of the
opposition MDC. DM of Chitungwiza alleged that she was abducted
and tortured by ZRP and ZNA forces, on suspicion that she had some
MDC information in the house. The state agents are said to have
demanded MDC party cards and information from her, even though she
had none. FM, a refugee, claims that he has come under harassment
from CIO agents, who have accused him of supporting the opposition
MDC. He asserts that he is apolitical.
The Human Rights
Forum wishes to reiterate its apprehension with regards to the increased
use of repressive legislation and state agents to violate human
rights, in particular the basic rights to freedom of expression,
association and assembly. S20 of the Constitution of Zimbabwe prohibits
the hindrance of a person's 'enjoyment
of the freedom of expression, that is to say freedom to hold opinions
and to receive and impart ideas and information' and
similarly S21 protects the right to 'assemble
freely and associate with other persons and in particular to form
or belong to political parties or trade unions or other associations'.
While the Constitution limits these rights in the interests of defence,
public safety, public order, public morality or public health, none
of these circumstances appear to have been present in the contravention
of the abovementioned rights. The repressive provisions of the Public
Order and Security Act (POSA), in addition to excessive use of force
by state agents, remains the basis for the contravention of the
rights to freedom of expression, association and assembly in Zimbabwe.
Reports indicate
that the violations pertaining to freedom of association and expression
were perpetrated mainly around incidents such as the demonstrations
held by MDC women in the Harare city centre, the treason trial of
the three MDC leaders, Morgan Tsvangirai (MDC President), Welshman
Ncube (MDC Secretary General) and Renson Gasela (Gweru Rural MP)
as well as the MDC one-week mass action held from 2 to 6 June 2003.
Nine female MDC members who marched through the streets of Harare
expressing solidarity with the three MDC leaders were reportedly
arrested outside the MDC offices. They were detained at Harare Central
Police Station. In another incident, NK of Harare claims that police
officers assaulted her with booted feet, arrested her and then detained
her for 5 hours on allegations of having taken part in the demonstrations
that had just occurred that afternoon. Women from the MDC had held
a peaceful demonstration in the area, holding placards calling for
an end to women' s predicaments in Zimbabwe.
Six students
from the Harare Polytechnic College claim that they were arrested
and detained by the police at Harare Central Police Station, on
suspicion that they had links with the opposition MDC. An unspecified
number of students from the same institution were also assaulted
by the police on allegations that they had a part to play in the
MDC mass action which was held from 2 to 6 June 2003. The students
deny the charges. They were charged under POSA Section 15(1)(a)
on accusations of distributing prohibited material and inciting
student unrest . In Bulawayo, forty-six women, members of WOZA (Women
of Zimbabwe Arise) were reportedly arrested by the police on allegations
that they had staged a public demonstration in contradiction of
a High Court Order, which had barred them from doing so. They were
commemorating Mothers' Day and advocating for an end to violence
in all its forms.
Reports of assault
by members of ZANU PF, youths from the Border Gezi National Youth
Service Training Centre, ZNLWVA members and MDC youths have been
received. In Kuwadzana, Budiriro and Glen View (Harare Province),
MDC youths were reportedly on a rampage chanting MDC slogans and
indiscriminately intimidating and assaulting civilians. In Hurungwe
West (Mashonaland West Province), LM, MDC candidate for Ward 7,
was reportedly abducted by ZANU PF youths while in the process of
filing his nomination papers at Magunje Growth Point. He was detained
until after closure of the Nomination Court to prevent him from
registering, such that the ZANU PF candidate was declared duly elected
unopposed. In Chitungwiza (Harare Province), ES alleged that he
was coming from work when about 25 youths from the Border Gezi National
Youth Service Training Centre beat him with golf clubs and booted
feet, on accusations of converting people to MDC. PC of Shamva claims
that he was displaced from his home by war veterans because he supports
the opposition MDC.
Totals 1
May 2003 – 31 May 2003
Cumulative Totals
1 January 2003 to 31 May 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.
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
Zanu PF
– Zimbabwe African National Union Patriotic Front
ZNA –
Zimbabwe National Army
ZNLWVA
– Zimbabwe National Liberation War Veterans Association
ZRP –
Zimbabwe Republic Police
ZIMTA
– Zimbabwe Teachers Association
ZUPCO
– Zimbabwe United Passenger Company
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