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Zimbabwe
: Covering events from January - December 2003
Extracted
from the Amnesty International 2004 report
Amnesty International
May 27, 2004
Read the full
report at http://web.amnesty.org/report2004/index-eng
Read
the Amnesty International (AI) 2004 report press statement
There was an
escalation in state-sponsored attacks on critics of the government,
particularly supporters of the opposition Movement for Democratic
Change (MDC). Incidents of illtreatment and torture were reported
throughout the year. Hundreds of people were detained for holding
political meetings or peaceful political protests. Journalists were
harassed and detained, and a leading private newspaper was shut
down. Political manipulation of food aid by officials and supporters
of the ruling Zimbabwe African National Union-Patriotic Front (ZANU-PF)
continued. The food situation remained critical.
Background
In
March the Commonwealth upheld Zimbabwe's suspension from its governing
councils until the December Commonwealth Heads of Government Meeting
in Abuja, Nigeria. At the December meeting, Commonwealth leaders
voted to maintain the suspension and Zimbabwe withdrew from the
organization. In May the heads of state of South Africa, Nigeria
and Malawi visited Zimbabwe in an attempt to mediate talks between
the MDC and ZANU-PF. The country's economic situation steadily deteriorated,
with rampant inflation and unemployment, and critical shortages
in basic food commodities, fuel and cash.
In July President
Mugabe announced in Parliament plans to introduce legislation to
govern non-governmental organizations (NGOs) and to amend the National
Council for Higher Education Act. There were concerns that the proposed
laws would further restrict the rights of freedom of expression,
association and peaceful assembly.
The government
reportedly established training camps throughout the country for
youth militia members, increasing concerns about the use of youth
militia to carry out serious human rights violations against the
government's perceived political enemies. Four men convicted of
murder and sentenced to death were hanged in June.
Elections
Local
council, mayoral and parliamentary byelections were the occasion
for increased intimidation and politically motivated violence by
government forces and supporters, mostly against opposition supporters.
Parliamentary
by-elections in March in Kuwadzana and Highfield, two suburbs in
the capital, Harare, were marred by violence. State-sponsored militia,
police and ruling party supporters harassed and attacked MDC candidates
and supporters.
During local
council, mayoral and parliamentary by-elections on 30 and 31 August,
ZANU-PF supporters armed with catapults, stones and iron bars intimidated
polling agents and MDC supporters by blocking approaches to the
polling stations.
On 3 November
the petition filed by the MDC in April 2002 challenging the results
of the March 2002 presidential election was heard in the High Court.
No ruling in the case had been given by the end of 2003.
Impunity
The
perpetrators of human rights violations continued to enjoy impunity,
and allegations against state agents remained without investigation.
The majority of abuses were committed by ruling party supporters
and police, security and army officers against opposition supporters.
In July, Henry
Dowa, a Zimbabwean police officer serving with the UN civilian police
force (Civpol) in Kosovo, was accused of committing and directing
torture while working at Harare Central police station. He returned
to Zimbabwe in October after a UN internal inquiry into the allegations.
It was not known whether disciplinary action was taken.
Threats to
the independence of the judiciary
The
authorities continued to harass, intimidate and force out of office
magistrates and judges who handed down judgments perceived to be
in support of the political opposition.
On 17 February
Justice Benjamin Paradza, a High Court judge, was arrested on charges
of attempting to obstruct the course of justice and contravening
the Prevention of Corruption Act in connection with a case allegedly
involving a business partner. He was detained in a police cell for
a night before being released on bail the next day by a magistrates'
court. It appeared that he was arrested because, in January, he
had ordered the release of Elias Mudzuri, the Executive Mayor of
Harare and an MDC member, arrested with 21 town councillors and
municipal workers and charged with holding an unauthorized political
meeting. In September the Supreme Court ruled that Justice Paradza's
arrest was unlawful and unconstitutional. The charges against Elias
Mudzuri were later withdrawn.
Attacks on
the political opposition
Police
carried out widespread arrests of opposition members and supporters
following MDC-led mass national protests.
MDC spokesperson
Paul Themba Nyathi was arrested on 8 April and charged in connection
with a nationwide stay-away organized by the MDC on 18 and 19 March.
He was released on 11 April and all charges were withdrawn.
In August charges
against two co-accused in the treason trial of MDC leader Morgan
Tsvangirai – Welshman Ncube, MDC Secretary-General, and Renson Gasela,
an MDC member of parliament – were dismissed for lack of evidence.
The trial resumed for one day on 2 December after a four-month recess.
The three men had been charged with treason in March 2002 for allegedly
plotting to assassinate President Mugabe, charges they denied.
Torture,
ill-treatment and unlawful killings
Police
officers were implicated in torture, ill-treatment and unlawful
killings, mostly of MDC supporters.
On 15 January
the police arrested Job Sikhala, an MDC member of parliament, Gabriel
Shumba, a lawyer with the Zimbabwe Human Rights NGO Forum, and MDC
supporters Bishop Shumba, Taurai Magaya and Charles Mutama. All
five were reportedly tortured in police custody. Medical examinations
later revealed that Job Sikhala and Gabriel Shumba had injuries
consistent with electric shocks to their genitals, mouth and feet.
Both had reportedly been forced to drink urine. In February, charges
of treason against the five were dismissed by the Harare High Court
for lack of evidence.
MDC activist
Tonderai Machiridza was reportedly kicked and hit with truncheons
and handcuffs by police officers on 13 April. The same day police
officers took him to a hospital in Harare where he was kept chained
to the bed under police surveillance. On 17 April a judge ordered
his release on bail and he was moved to a private hospital, where
he died of his injuries on 18 April.
Repression
of freedom of association and assembly
Police
arrested hundreds of activists, including trade union leaders and
civil society leaders, following a number of peaceful protests.
Most were charged with violations under the 2002 Public Order and
Security Act (POSA).
Following the
national stay-away organized by the MDC in March, the police arrested
hundreds of opposition supporters and human rights activists. Many
were beaten and tortured in police custody. Approximately 130 people
were charged with inciting violence and acts of "terrorism" and
later released on bail. Gibson Sibanda, MDC Vice-President, was
arrested on 31 March and charged with treason, which carries a maximum
penalty of 20 years, after the authorities accused him of trying
to overthrow the government by inciting people to join the stay-away.
He was released on bail on 7 April. No trial date had been set by
the end of 2003.
Up to
200 trade union activists were arrested throughout the country on
8 October following protests against high taxes and inflation. In
Harare, Lovemore Matombo and Wellington Chibebe, President and Secretary
General respectively of the Zimbabwe Congress of Trade Unions, and
more than 50 union activists were arrested to prevent them organizing
a protest. Some were charged with public order offences under Section
7 of the POSA and released to await trial on 9 October.
Update
In
June charges against Raymond Majongwe, Secretary-General of the
Progressive Teachers' Union of Zimbabwe, were withdrawn for lack
of evidence. He had been arrested in October 2002 and charged under
the POSA with encouraging teachers to strike.
Crack-down
on the media
The
2002 Access to Information and Protection of Privacy Act (AIPPA)
was used in an attempt to silence journalists. Members of the private
and foreign media were subjected to harassment, arbitrary detention
and attacks.
On 18 March,
Philimon Bulawayo, a photographer with the Daily News, Zimbabwe's
leading privately owned newspaper, was arrested and reportedly assaulted
by police for attempting to cover the March stay-away. He was later
released without charge.
On 16 May, Andrew
Meldrum, a US national and journalist with the United Kingdom-based
Guardian newspaper, was held incommunicado for several hours before
being forcibly and illegally deported by the Zimbabwean authorities,
despite a High Court order that he should not be deported.
In September
the police shut down the Harare offices of the Daily News the day
after the Supreme Court ruled that the newspaper was publishing
illegally because it had not registered with the state-controlled
Media Information Commission (MIC), a requirement of the AIPPA.
Twenty journalists were arrested, charged with working without media
accreditation and released on bail. After the MIC refused registration,
on 24 October the Administrative Court ordered it to issue a licence.
However, after the newspaper published an edition on 25 October,
police again closed down its offices, arrested five of the newspaper's
directors and charged them with publishing a newspaper without a
licence. All were released on bail. Justice Michael Majuru, the
Administrative Court judge who presided over the Daily News appeal
against closure, was forced to step down in November after he was
accused of bias by the state-owned Herald newspaper.
Human rights
defenders
The
work and safety of human rights defenders continued to be threatened
as government authorities clamped down on critics.
In August the
MIC was reported to have accused the non-governmental Media Institute
of Southern Africa of operating illegally and to have threatened
its members with jail if they continued to refuse to register.
On 12 October
human rights lawyer Beatrice Mtetwa was alleged to have been severely
beaten by police officers when she called for assistance after thieves
tried to break into her car. She was reportedly punched and kicked
all over her body, sustaining severe bruising and cuts to her face,
throat, arms and legs. She had previously represented journalist
Andrew Meldrum (see above) and the Daily News.
Food shortages
The
authorities and state-sponsored militia continued to deny people
access to food aid based on real or perceived political affiliation,
and used food aid to buy votes during parliamentary by-elections.
In July the government formally appealed for continued food aid
from UN agencies. On 7 November the UN Office for the Coordination
of Humanitarian Affairs said that food security remained critical
in the rural and urban areas of Zimbabwe, where most people had
only limited access to food. Also in November the World Food Programme
warned that Zimbabwe's food crisis was set to worsen in the coming
year.
AI country
visits
AI
delegates visited Zimbabwe in January to carry out research.
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