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Abductees Daily Update - 20 February 2009
Zimbabwe Lawyers for Human Rights (ZLHR)
February 20, 2009

Remand hearing proceedings resume at the Harare Magistrates Court in the matter of The State vs. Kisimusi Dhlamini & Six Others before Magistrate Gloria Takundwa.

Four of the detainees, namely Kisimusi Dhlamini, Andrison Manyere, Regis Mujeyi and Mapfumo Garutsa are present in court while the other three, namely Gandi Mudzingwa, Zachariah Nkomo and Chinoto Zulu, remain at the Avenues Clinic where they have been admitted to receive treatment.

Defence lawyer Alec Muchadehama confirms receiving copies of the police report into allegations of torture against the political detainees. Muchadehama tells Magistrate Takundwa that the police investigations were not thorough and hence what it is contained in the police report cannot be considered as investigations.

He says the investigations do not reveal certain details such as the identity of the people who abducted the accused persons and where they were detained incommunicado before their handover to the police.

Muchadehama says the police did not make any effort to interview the accused persons as ordered by the court and hence they connived to tell lies and make misrepresentations to the court.

He accuses the police of attempting to defeat the course of justice and attempting to exonerate themselves. Muchadehama asks Magistrate Takundwa to order the police to carry out new and proper investigations into allegations of torture.

State prosecutor Florence Ziyambi insists that the police report contains details of what the police investigated and what they found out. She states that the police restricted their investigations to events from 22 December 2008 because that is the day when the accused persons were allegedly handed over into police custody.

At around 12:38hrs, Magistrate Takundwa adjourns court proceedings.

Court proceedings resume at 12:54hrs.

Ziyambi asks Takundwa to defer remand hearing proceedings to 06 February 2009.

Muchadehama informs Takundwa that four of the accused persons namely Andrison Manyere, Kisimusi Dhlamini, Regis Mujeyi and Mapfumo Garutsa have not been taken to the Avenues Clinic for medical examination and treatment as ordered by Justice Karwi on 16 January 2009. The order remains defied even after another was order issued on Monday 16 February 2009 which sought to clarify the 16 January 2009 order, ordering that the remaining detainees should be taken to the Avenues Clinic in pairs of two.

He asks the State to assure the accused persons that it will order prison officials to take them to the Avenues Clinic. Muchadehama tells the court that he would prefer Kisimusi Dhlamini and Regis Mujeye to be the first pair taken to the Avenues Clinic as their latest medical reports reveal that they need urgent medical attention. The lead defence lawyer says Dhlamini urgently needs a surgical operation of his left ear to avoid permanent hearing impairment, due to injuries suffered during his torture in incommunicado detention which have not been treated.

He also stresses that accused persons should now be notified of their trial date since they have been in custody for a lengthy period. He adds that the State must expedite its so-called investigations and says he is comfortable with having the accused persons remanded to 03 March 2009. Muchadehama accuses the State of asking for more time to carry out further investigations solely to delay the accused persons' bid for freedom.

Ziyambi maintains that investigations are not yet complete and would be complete by 27 February 2009 as one of the State witness, who was out of the country is now back in the country.

She tells the Court that prison officials are insisting on having sight of Karwi's clarification order and states that she will pass through the High Court to check whether the High Court order is ready for collection and to be served to prison officials. Ziyambi insists that the accused persons will not suffer any prejudice if they are remanded to 06 March 2009.

Muchadehama tells Magistrate Takundwa that the State is not committed to having the accused persons tried within a reasonable time as is constitutionally required, and that there is no point in denying them a trial date merely on the basis that the first term of the High Court is allegedly full. He insists that the State must expedite its investigations and furnish the accused persons with a trial date.

Magistrate Takundwa orders that the accused persons be taken "immediately" to the Avenues Clinic for examination and treatment in accordance with the various High Court orders. She also orders the State to give a trial date for the accused persons.

Takundwa then postpones remand hearing proceedings to 06 March 2009.

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