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Court hears of deplorable prison conditions as Jestina Mukoko & Fedilis Chiramba further remanded in custody
Zimbabwe Lawyers for Human Rights (ZLHR)
February 14, 2009

At around 13:30PM on Friday 13 February 2009 proceedings resume at the Harare (Rotten Row) Magistrate Court in the matter between Concillia Chinanzvavana & Others.

The Magistrate Gloria Takundwa rules that the court should first deal with the case of Jestina Mukoko and Fidelis Chiramba, who were examined Thursday by both State appointed doctors and doctors of their own choice.

Ms Florence Ziyambi, the Director of Public Prosecutions in the Attorney General's Office complains that Mukoko and Chiramba initially refused to be examined by State doctors.

Defence lawyers state that the two accused persons had reservations with being examined by State doctors at Chikurubi and not at Avenues Clinic as ordered by the Court on Wednesday. They were eventually examined by the State doctors at Avenues Clinic as ordered by the court.

Ms Ziyambi calls upon a State witness, Mr Moses Cyril Chihobvu, the Zimbabwe Prisons Services (ZPS) Senior Assistant Commissioner in charge of security to "enlighten the court on available prison facilities and the ZPS capacity to provide security outside Chikurubi Maximum Prison."

Mr Alec Muchadehama protests against the calling in of a State witness saying it is in the interest of the accused persons' health to be admitted at the Avenues Clinic and charges that the State "wants to introduce new matters that don't arise and which were not ordered by the court."

Ms Ziyambi interjects and insists on calling in State witness to testify.

Magistrate Takundwa calls in witness to take the witness stand and testify before she makes a ruling.

Mr Chihobvu tells the court that it is improper for Mukoko and Chiramba to be taken to the Avenues Clinic for examination and treatment since there is a functional hospital and doctors at Chikurubi Maximum Prison.

Senior Assistant Commissioner Chihobvu says ZPS medical personnel and facilities are capable of examining and treating Mukoko and Chiramba as they had previously examined and treated Simon Mann, a Briton, who was arrested and detained at Chikurubi Maximum Prison in 2004.

Chihobvu says Mukoko and Chiramba must be confined to Chikurubi Maximum Prison since they are facing offences linked to terrorism and sabotage.

Senior Assistant Chihobvu indicates that detaining the accused persons at the Avenues Clinic would also not be proper because the prison officials would have to shut some hospital entrances, which must remain open under normal working days.

Visitors coming to visit their sick relatives, doctors and nurses and the accused persons' lawyers would be questioned about their visit to the Avenues Clinic and be subjected to body searches.

He also complains that the ZPS is short of manpower to provide security services at the Avenues Clinic and is also short of fuel and vehicles to transport the prison guards to and from Chikurubi.

Mr Chihobvu says ZPS also fears that outsiders may take away or whisk Mukoko and Chiramba out of the hospital or even "kill them."

At around 15:30 PM Magistrate Takundwa then briefly adjourns court proceedings to visit Mukoko and Chiramba at the Avenues Clinic after State lawyers had continued to query the medical status of the accused persons. Takundwa says it is necessary to have doctors who examined the two to testify in court because "the court is not an expert of medical issues."

Upon return to the Magistrate Court at around 17:45 PM Dr Makanza, the State appointed doctor testifies in court and says that Mukoko is suffering from high blood pressure, high blood sugar, and has injuries on both soles of her feet.

Dr Makanza tells the court that Chiramba, the oldest of the political detainees has severe and high blood pressure, congestive cardiac failure and renal failure, which warrants admission into a hospital.

Dr Makanza says basing on his examinations it would be too early to have the two discharged from the Avenues Clinic. He says Mukoko and Chiramba should remain admitted at the Avenues Clinic for one week after which the attending doctors (Dr Gwatidzo) can give an update on the status of their medical condition.

A visibly angry Ms Ziyambi constantly interjects during Dr Makanza's testimony.

Dr Makanza insists that Mukoko and Chiramba's doctors should have a final say in terms of recommendations since they are the ones now examining and detaining the two.

Magistrate Takundwa orders the detention of Mukoko and Chiramba at Avenues Clinic in central Harare after perusing both the medical affidavits and recommendations submitted by a State appointed doctor and the one submitted by Mukoko and Chiramba's doctors.

Takundwa says Mukoko and Chiramba were fairly ill and should be detained at the Avenues Clinic under prison guard until the State doctors and the two doctors ascertain that they are in good health.

The defence lawyers also indicates that they intend to make an application in the Magistrates Court seeking examination and treatment of Concillia Chinanzvavana&Others who also require urgent medical attention.

Takundwa then remands the matter to 27 February 2009.

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