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Political Violence Report October 2003 - Overview
Zimbabwe Human Rights NGO Forum
November 27, 2003

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Overview
Zimbabwean citizens' enjoyment of freedom of expression and association remains extensively curtailed. Widespread national, regional and international calls for the Zimbabwe Government to respect these freedoms and protect them through their law enforcement arm, the Zimbabwe Republic Police (ZRP), have evidently been unfruitful. The apparent attempt by the Zimbabwe Government to restrict the right to freedom of expression and association has manifested itself in the continuous harassment of human and labour rights activists through arrests whenever they attempt to peacefully demonstrate. The frequent arrest of National Constitutional Assembly (NCA) Chairman Dr Lovemore Madhuku and other NCA members, in particular, appears to have become a regular form of harassment.
Sections of the Public Order and Security Act (POSA) and the Miscellaneous Offences Act (MOA) are being continuously and consistently used to impede freedom of expression, movement and association. This was clearly manifested in the arrest of over 170 members of the Zimbabwe Congress of Trade Unions (ZCTU) on 8 October 2003 demonstrating over high taxation and violations of trade union and human rights. Approximately 150 members of the NCA were arrested on 22 October 2003 for participating in a demonstration to call for a new democratic constitution. Members of both groups were charged either with violating sections of POSA or of MOA. These arrests also display the contempt for labour rights which has also been accommodated under POSA and MOA. The Congress of South African Trade Unions noted, in a statement released on 8 October 2003, as "regrettable that the Zimbabwe government sees trade unions as one of its main opponents…Instead of understanding that workers are duty bound to protest against attacks on their living standards, it sees them as antagonists."¹

The Human Rights Forum deplores the excessive use of force by members of the Zimbabwe Republic Police when effecting arrests. EG, QD, SZ, NM, PN, TT, LK, KM, NK, TC, MG, VN, LM, CJ, TS, SM and OM were demonstrating, with other NCA members when they were all reportedly assaulted with baton sticks by the riot police at the time of their arrest. The assaults took place in the centre of Africa Unity Square in full view of members of the public and signify the level of impunity and lack of accountability of the ZRP.

We further note with concern the prevailing climate of impunity for certain police officers who are alleged perpetrators of human rights violations. This selective impunity for perpetrators of human rights violations within the ZRP has simply had the effect of perpetuating further human rights violations. BM was arrested for his participation in the NCA demonstration of 22 October 2003. The victim claims that he was held in his own cell and was forced to stand on one leg for prolonged periods. He also alleges that he was forced to stand on his head with the poster he had been seen carrying covering his face, while two policemen slapped him in the face. The victim claims that one Detective Inspector Dhowa instructed 15 members of the riot police to each give him 10 strokes while he lay in a prone position before he was taken to join the other demonstrators. He further claims that he was forced to face the wall and was given another 80 strokes by the police using baton sticks. He asserts that he was forced to polish the policemen's shoes using his hat and then tear into 50 pieces the NCA T- Shirt he was wearing. He claims that he was forced to sleep in a wet cell and that he sustained severe bruises on the buttocks. He was later taken to join the other demonstrators in their cell.

Detective Inspector Henry Dhowa has been implicated in several incidents of torture in the past, prior to his deployment as part of a UN peace-keeping force in Prizren, Kosovo. However no action was been taken against him for incidents perpetrated in 2002 before his departure nor upon his return. These allegations are regrettable as they suggest that the impunity enjoyed by Detective Inspector Henry Dhowa allows him to continue to perpetrate torture against those taken into custody at Harare Central Police Station.

The Human Rights Forum strongly condemns the harassment and alternatively the arrest of individuals when they attempt to report an incident in which they have in fact been the victim. This can have no other outcome than the establishing a culture in which Zimbabwean citizen's, acting on their diminished faith in the police force, desist from reporting crimes committed against them.

On 18 October 2003, 3 MDC youths were allegedly shot by one Advocate Chihota a tenant at their offices in Harvest House, Harare. The police officers who attended to the scene reportedly spent an hour searching for "hidden guns" before emerging with Chihota who was not handcuffed. Instead the police indicated that they would charge the 3 youths with attempted murder and claimed that the youths had "shot themselves" with Chihota's gun.² " Prior to this incident on 12 October 2003, human rights lawyer, Beatrice Mtetwa was assaulted as she attempted to report an attempted car-jacking perpetrated against her. The police officers from Borrowdale Police Station in Harare accused Mrs Mtetwa of being under the influence of alcohol and yet failed to conduct a breathalyser test. As the World Council Of Churches noted in a letter to the Minister of Justice, Legal and Parliamentary Affairs, Patrick Chinamasa, "the case of Mrs Mtetwa is not an isolated incident of police excesses. There have been several such incidents resulting in grave and serious human rights violations of human rights defenders."

Alleged perpetrators such as members of the infamous ZANU PF "Top Six" gang from Chinhoyi, including Saidi and Josephat Chiweshe, have also been involved in numerous incidents of political violence in the past.³ In October 2003 the gang was active in the intimidation, victimisation and assault of MDC members that effectively resulted in ZANU PF candidates being elected unopposed in 13 wards in Chinhoyi as well as to the post of Executive Mayor. It is particularly discouraging to note that the police, who maintain that they had received no report of such incidents⁴, were allegedly present and watched with acquiescence as ZANU PF members assaulted MDC members at the venue of the Nomination Court in Chinhoyi and prevented them from entering the building. In one incident the police were allegedly the perpetrators of an assault on an MDC member who wished to enter the Nomination Court. GK, MDC Administrator for Mashonaland West Province and other MDC supporters, were reportedly surrounded and assaulted by the "Top Six" gang (ZANU PF supporters) with fists, booted feet, iron bars and broomsticks. GK had gone to the Nomination Court to pay the nomination fee for the aspiring MDC candidate in the upcoming Mayoral Elections.

The MDC Mayoral candidate for Chinhoyi, Edeline Huchu, ultimately withdrew her candidature from the elections following an attack on her at her home. ZANU PF supporters allegedly attacked Edeline, assaulting both her and her uncle. One of the assailants, Saidi, a member of the "Top Six" gang, reportedly threatened EH and told her that she would never become the Mayor of Chinhoyi. Among the assailants were Domie, Josephat Chiweshe, Paddington and Gwemba. After assaulting her, the group reportedly demanded that she give them her nomination papers, which she denied being in possession of. The Zanu PF supporters also allegedly assaulted officials from the Registrar General's Office for accepting the nomination papers for MDC candidates. It is further alleged that the ZANU PF supporters then seized the papers and took them away.

Following the closure of Nomination Courts on 28 October 2003, the Registrar-General's Office declared Zanu PF candidates unopposed winners in one mayoral and 13 urban wards in Chinhoyi, a mayoral seat in Marondera and 7 rural District Council wards. Zanu PF's Risipa Kapesa, won the Chinhoyi mayoral seat "unopposed" while in Marondera, Ralph Chimanikire, was declared the mayor after the MDC "failed" to nominate a candidate. Violence was also reported surrounding the holding of the Nomination Court for the Kadoma Central parliamentary by-election. CT was barred from entering the Nomination Court by a group of about 400 ZANU PF supporters when he had accompanied the MDC candidate to present his papers for the Kadoma Central Parliamentary seat. A fight is said to have ensued between the two party supporters. CT fled, but the assailants reportedly caught up with him. He claims that he was assaulted with iron rods on the back and was kicked in the jaw with booted feet until he lost consciousness. He asserts that his assailants took him to a nearby sewage, assaulted and dumped him there. He later received treatment at a local hospital where he was admitted and discharged on the following day as the hospital was being patrolled by ZANU PF youths. Additionally ZANU PF supporters at the Kadoma Nomination Court allegedly assaulted RK when he had accompanied the MDC candidate to present his Nomination papers. He was reportedly stoned on his head, right shoulder and left forearm.

"According to reports by ZESN long term monitors, the sight of ruling party supporters barricading nominations courts is now a familiar one in many elections. The nomination courts have almost become a sacred ground where only the very brave may enter."⁵ Violence surrounding the process of nomination prior to the conduct of elections was also widely reported in July⁶ during the run-up to the August Local Government Elections. Although the opposition parliamentary candidate for Kadoma Central was eventually registered, the highly polarised political environment and attendent violence will undoubtedly have an impact on the ability of the electorate to exercise their right to vote freely and fairly. Based on the events of October 2003 it is the Human Rights Forum's contention that persisting conditions in Zimbabwe do not yet "adequately allow for a free expression of will by the electors."⁷

Totals 1 October 2003 – 31 October 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:

1. Severe pain and suffering, whether physical or mental
2. Intentionally inflicted
3. With a purpose
4. 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

AIPPA - Access to Information and Protection of Privacy Act
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
ZPS - Zimbabwe Prison Service
ZRP – Zimbabwe Republic Police
ZIMTA – Zimbabwe Teachers Association
ZUPCO – Zimbabwe United Passenger Company

1 The full statement may be accessed at http://www.cosatu.org.za/press/latest.html
2 The Standard, 19 October 2003
3 see Are They Accountable? Examining alleged violators and their violations pre and post the Presidential
Election March 2002 by the Zimbabwe Human Rights NGO Forum, pp 69 & 70
4 The Standard, 2 November 2003, Police Spokesperson, Wayne Bvudzijena was quoted as saying "
5 Zimbabwe Election Support Network, The Zimbabwe Electoral Environment Post March 2002 - Any
Changes for Better or Worse?, November 2003
6 The Political Violence Report - July 2003 by the Zimbabwe Human Rights NGO Forum details similar incidents in which candidates were prevented from attending nomination and being registered as candidates due to violence and intimidation.
7 This observation was made by the Commonwealth Chairperson's Committee on Zimbabwe in the
Marlborough House Statement of 19 March 2002.

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