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Political
Violence Report February 2004 - Overview
Zimbabwe Human
Rights NGO Forum
March 01, 2004
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Overview
National Constitutional Assembly (NCA) held a demonstration to call
for a new constitution outside Parliament on 4 February 2004. The
police stopped the demonstration and the demonstrators were arrested
and subjected to varying forms of torture. NCA Chairperson, Lovemore
Madhuku and 8 other members of the NCA, were reportedly abducted
by ZRP officers from outside Parliament where they were had been
rounded up. The victims were taken away in a police Defender truck
and were dropped off in different areas in and around town. The
police reportedly proceeded with Madhuku alone. He claims that the
police severely assaulted him with baton sticks and clenched fists
before they dumped him at a rubbish dump site near the National
Sports Stadium on the outskirts of the city centre. Madhuku reportedly
had difficulties breathing after the assault. Madhuku claims that
the police called him stubborn and said that he had to be eliminated.
The police continue
to prevent members of the NCA from exercising their rights to freedom
of association, assembly and expression by routinely arresting them
and assaulting them whenever they attempt to hold a peaceful demonstration.
The police reportedly assaulted sixty-six other NCA demonstrators
with baton sticks while some had dogs set upon them at the time
of their arrest. Setting dogs upon the demonstrators is cruel and
inhuman and must be strongly condemned. DG, NM, JM, TM and other
demonstrators had dogs set upon them. TM was reportedly bitten by
one of them on her left arm. JM alleges that a dog was instructed
to bite her on the right hand and that the dog only let go of her
when it was ordered to do so. EP, who reportedly fell face down
and was bitten by a police dog on her right arm as she was lying
on the ground. Torture, cruel, inhuman and degrading treatment by
law enforcement agents as exhibited against the NCA demonstrators
is deplorable. The Human Rights Forum urges the Commissioner of
Police to ensure that police officers do not use gratuitous force
in the exercise of their duties.
Violence continues
to be commonplace on Charleswood Estate, which belongs to Roy Bennet
(MDC MP for Chimanimani - MANICALAND PROVINCE). Farm workers at
Charleswood have been consistently victimised on the basis that
they work for an MDC MP. Shemi Chimbarara, a farm worker at Charleswood
Estate, reportedly died when he was shot by a soldier settled at
the farm. JK, also a farm worker at Charleswood, was reportedly
shot in the knee as he was running away from the soldier. JK was
taken to SASU Hospital in Mutare for treatment the following morning,
while the body of the deceased Shemi Chimbarara was taken to Chimanimani
Hospital Mortuary by the police. Chamunorwa Muusha, a war veteran
settled at Charleswood reportedly raped a farm worker from the farm
on 6 February 2004. MC, VN and SC were reportedly abducted by ZANU
PF supporters and taken to Muusha's homestead. The three were allegedly
subjected to assaults and were forced to run around in circles then
bound to a tree with a leather rope by their necks. The rope around
their necks was then untied and they were further assaulted with
a rubber whip all over their bodies for about 3 hours. VN was reportedly
assaulted on the back and buttocks, and was ordered to stop working
for Roy Bennet and work for Chamunorwa Muusha instead. SC was reportedly
severely beaten on her head, back, buttocks and thighs. VN alleges
that she was later taken to Chamunorwa's bedroom for sweeping as
she had been ordered to, and that Chamunorwa fondled her as well.
She alleges that Chamunorwa slapped in the face when she declined
his advances. VN claims that she fell down and Chamunorwa raped
her twice, at around 21:00 hours and then again at about 02:00 hours.
The Human Rights
Forum calls upon the responsible authorities to take action regarding
the human rights violations cited in this report in terms of bringing
the perpetrators to justice. Failure to do so will create a climate
of impunity in which politically motivated violence may thrive.
It is imperative that checks be put in place to prevent this prior
to the upcoming Parliamentary Elections in early 2005.
Totals 1
February 2004 - 29 February 2004
Cumulative
Totals: 1 January 2004 - 29 February 2004
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
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
ZCTU - Zimbabwe Congress of Trade Unions
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 statement
by Vice President, Joseph Msika was televised on ZBC TV. See Media
Monitoring Project of Zimbabwe, Weekly Media Update # 2004-4
2 see Are They Accountable: Examining alleged violators and their
violations pre and post the Presidential Election March 2002
a report by the Zimbabwe Human Rights NGO Forum pg 56-57
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