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(ACHPR) hears Gabriel Shumba versus Zimbabwe case
Zimbabwe Exiles Forum
December 09, 2005

Today the African Commission on Human and Peoples’ Rights, the judicial organ of the African Union held a hearing on the case of Gabriel Shumba versus the Government of Zimbabwe, case no. 288/2004. The case was heard in the capital of Banjul, The Gambia.

Gabriel Shumba is a Zimbabwean human rights lawyer and activist who arrested himself when he was defending an opposition Member of Parliament on 14 January 2003. Mr Shumba and four others, including his young brother Bishop, were detained for three days in clandestine jails. Mr Shumba was interrogated in an underground torture chamber by over twenty secret police and army personnel. During this torture, Mr Shumba was electrocuted on his genitals and in the mouth. He was also urinated upon and forced to drink his own blood as well as to sign a confession implicating him in treason.

When brought before a magistrate who ordered a medical examination, torture was confirmed. The magistrate, Ms Chigumira acquitted Mr Shumba, but was subsequently hounded from the bench as was the prosecutor dealing with the case. Mr Shumba was subsequently threatened with death, and fled the country to South Africa, where is currently pursuing doctoral studies in human rights law.

Mr Shumba, appearing with his lawyer, Professor David Padilla, described in great detail the degrading treatment he had been subject to, and the physical and psychological trauma this has caused not only to him, but also to his family. On behalf of his client, Professor Padilla argued that it would be illogical to expect Mr Shumba to go back to Zimbabwe to argue his case, as Zimbabwean law did not recognise torture as an offence. He also argued that if his client were to return to Zimbawe, he would be killed as some of his torturers have in fact been promoted.

The government’s was represented by the Director of Public Prosecutions, Ms Loice Matanda-Moyo and lawyers Margaret Chiduku and Revai Sweto. The government argued that Mr Shumba was still wanted for treasonous activities in Zimbabwe, yet submitting that Mr Shumba was in no danger if he returns to the country. Mr Shumba then countered that if he was wanted for any crime, there should be a warrant of arrest and extradition proceedings against him. The government was unable to say that such a warrant exists.

During the hearing, the 9 Commissioners present directed a number of pointed questions on the government. The hearing lasted for 1hour 15 minutes, which is indicative of the seriousness with which the Commission sees this case. At the conclusion of the case, Mr Shumba thanked the Chairperson, Madam Salamata Sawadogo and other members of the Commission. A decision on the case is expected shortly.

Centre for Human Rights,
University of Pretoria,
Pretoria 0002, South Africa,
Mobile: +27 72 6393 795,
Phone: + 27 (12) 420 3034,
Fax: +27 (12) 362 5125,
E-Mail: zimexiles@webmail.co.za or gabmrech@yahoo.com,
Website: www.zimexilesforum.com

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