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Abductees Daily Update - 09/01/09
Zimbabwe Lawyers for Human Rights (ZLHR)
January 09, 2009

Proceedings in the Magistrates' Court resume with the State's response to the applications made by defence lawyers.

In relation to the application for refusal of remand on the basis that the abductees were the victims of crime, Florence Ziyambi argues that the court has now ordered the Attorney General's office to instruct the police to investigate the allegations of abduction, kidnapping and torture and therefore, as this investigation is now pending, it cannot be said that the allegations are fact. On this basis, mere allegations cannot be used to form the basis for refusal of remand. Although the individuals have produced personal and medical affidavits alleging and confirming torture, the state has not accepted these as proof of torture, thus bolstering the argument of the state that it is not fact that the accused persons were the victims of crime.

In relation to the application for refusal of remand on the basis that there is no reasonable suspicion of commission of an offence, Ziyambi argues that the police only "arrested" the individuals on 22 December 2008, and brought them to court within the prescribed time period. Therefore the arrests and detention were not unlawful. In relation to the argument that torture vitiates remand proceedings, Ziyambi argues that the accused persons have other remedies to pursue their alleged torture (through civil proceedings) and therefore the court is entitled to place them on remand and this will not violate their rights. Incredibly, Ziyambi also argues that the accused persons admitted their involvement in criminal offences, even though this was done during torture, and this formed the basis for the reasonable suspicion of commission of an offence.

Magistrate Olivia Mariga rules that, in relation to the argument that the accused persons are victims of crime, the issue of abductions, kidnappings and torture are under investigation and the Attorney-General's office is due to report to court at a later date, thus this basis for refusal of remand must fail. She further is of the view that there is a reasonable suspicion that an offence has been committed, and she places the seven accused persons on remand. No reasons are provided. They are to appear for further remand on 23 January 2009 at 08:30hrs in Court 6.

Defence lawyers advise that they intend to file an application with the High Court for a review of the proceedings in the Magistrates' Court, and Magistrate Mariga's ruling. They further place on record that, at the next remand hearing, the accused persons will request that their date of trial be advised to them.

Accused persons are advised that bail applications must be made at the High Court and that they are unlikely to receive a trial date before May 2009 at the earliest.

Lawyers representing the abductees who have still not been produced before the courts, and who filed an Urgent Chamber Application in the High Court on 6 January 2009, are advised that the matter is before Justice Alphas Chitakunye, but no date and time of set down of the matter for hearing has yet been provided. They are told to check with the judge's clerk on Monday 12 January 2009 (which will be one week after the Application was filed as an urgent matter).

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