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This article participates on the following special index pages:
Index of articles on enforced disappearances in Zimbabwe
Abductees
Daily Update
Zimbabwe Lawyers for Human Rights (ZLHR)
January 07, 2009
State v Kisimusi
Dhlamini, Gandi Mudzingwa, Chinoto Zulu, Andrison Manyere, and Zachariah
Nkomo (CRB 887-91/08) continues before Magistrate Olivia Mariga.
The individuals are charged with contravening section 23(1)(a)(i)
and (ii) of the Criminal
Law (Codification and Reform) Act, which relates to insurgency,
banditry, sabotage and terrorism; alternatively contravening section
143 of the same Act, which relates to aggravating circumstances
in relation to malicious damage to property or negligently causing
serious damage to property.
Defence lawyers
successfully apply to have Regis Mujeyi and Mapfumo Garutsa joined
in the case. None of the individuals plead to the charges, as preliminary
applications are to be made on their behalf.
Defence lawyers
advise the court that they will be making several applications,
namely:-
-An application
seeking the recusal of Michael Mugabe, a law officer in the office
of the Attorney-General who is assisting Mrs. Ziyambi in this
matter. He is the complainant in a criminal matter in which one
of the abductee's (Zachariah Nkomo) brother (Harrison Nkomo)
is facing criminal charges of insulting the president. It is argued
that Mugabe has a conflict of interest and should not be participating
in any way in the proceedings as this will impact on justice being
done and the accused person's perception and belief that
justice will be done.
-An application
for refusal of remand on the basis that the abductees are victims
of enforced disappearance and torture, and their complaints should
be investigated and pursued to completion instead of them becoming
accused persons.
-An application
for removal of all individuals to a private hospital for further
medical examination and treatment for injuries sustained as a
result of the torture to which they were subjected during their
enforced disappearances.
If the first
application for refusal of remand fails, a further application for
refusal of remand on the basis that the charges against them cannot
be sustained.
The first application,
seeking the recusal of Michael Mugabe, is dismissed by the magistrate
who rules that the application should have been made at the first
appearance of the individuals in court.
Lawyers then
place on record medical affidavits, and personal affidavits of the
abductees which will be used in all the other applications. These
clearly demonstrate the manner of their abduction, the conditions
in which they were held, their treatment during detention which
amounted to torture and cruel, inhuman and degrading treatment and
punishment, and medical confirmation of the torture they underwent.
The evidence also indicates the variety of their fundamental rights
which were violated during the course of their ordeal. Dr. Lovemore
and Dr. Harara (who performed the initial medical examinations at
Chikurubi Prison Hospital) were subjected to cross-examination and
re-direct and were then excused.
The matter
is postponed to the following day for continuation of the applications
by the defence.
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