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Fidelis Chiramba - incarcerated for over 100 days
Zimbabwe Lawyers for Human Rights (ZLHR)
February 07, 2009

On the 31st of October 2008, Mr. Chiramba, along with several other individuals, was subjected to an enforced disappearance at around 3:00AM by six heavily armed men. On that day and subsequently, all rights which he has as a human being were taken away from him. He was subjected to incommunicado detention. His dignity and well-being were stripped away from him during his unlawful detention in which various forms of torture were utilized. He was heavily assaulted and subjected to beatings on the soles of his feet. He was put into a deep freezer, then removed, had his clothes taken off and hot water was poured over his genitals. He was made to parade naked in front of female abductees and his physical build was mocked by his captors. He was never given any medical treatment for his injuries.

On the 11th of November 2008, a final order was granted by the High Court in which his arrest, treatment and detention were declared unlawful and his release was ordered. This order was defied and he was kept in incommunicado detention for 55 days before he was taken to a police station, and subsequently to court. On the 24th of December 2008, another High Court order was granted reaffirming the earlier order for his release. Again, this order was defied. He was medically examined in the very basic conditions of Chikurubi Prison Hospital, where his torture was confirmed, and further medical examination and treatment were recommended by his doctors. This was denied him.

In the Magistrates' Court on the 31st of December 2008, Mr. Mishrod Guvamombe ordered that Mr. Chiramba and the others with whom he had been incarcerated at Chikurubi Maximum Security Prison should be taken to a hospital of their choice for further medical examination and medical treatment. This, again, was not done. Subsequently, another order was granted in the Magistrates' Court by Ms. Gloria Takundwa on the 30th of January 2009 for Mr. Chiramba to be taken to the Avenues Clinic for further medical examination and treatment that same day. Yet again, this order was defied. On the 6th February 2009, Mr. Chiramba was taken to the Avenues Clinic for treatment. You will hear more from his medical practitioners about the inhuman manner in which he was treated as well as the severity of his condition.

Mr. Chiramba has now been incarcerated for 100 days, and has not received the medical treatment he requires, and to which he is entitled.

Zimbabwe Lawyers for Human Rights (ZLHR) finds it completely unacceptable that Mr. Chiramba, who has a constitutional right to life and to dignity, and the fundamental right to be presumed innocent until proven guilty, has been, and continues to be, treated in this reckless and callous manner, which is putting his life in jeopardy.

Law enforcement agents, most notably the prisons service, continue to defy courts with no regard for public accountability. The office of the Attorney-General has taken no action to ensure that these state actors comply with orders of the court and appreciate the severity of their lack of compliance. They are therefore contributing to the continued violation of his fundamental rights, and putting his life in jeopardy, with complete impunity. He has become less than a human being in the eyes of politicians and other state actors who have the obligation and the power to ensure that he is protected from any further violations of his rights.

His is the most extreme case amongst all the political prisoners who remain incarcerated whilst politicians congratulate themselves about progress made in moving towards the establishment of an inclusive government. We believe that the manner in which Mr. Chiramba and his fellow political prisoners are being treated is a reflection of the lack of sincerity of politicians in ensuring that the security of all persons in Zimbabwe remains paramount. It is also an indication of overwhelming executive power and lack of accountability for action which remains outside the law. ZLHR calls upon the authorities to see to it that immediate action is taken to release Mr. Chiramba and his fellow political prisoners so that they may urgently be taken to suitable medical facilities for life-saving treatment.

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