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Political
detainees continue to face harassment and persecution
Zimbabwe Lawyers for Human Rights (ZLHR)
April 21, 2009
Zimbabwe Lawyers
for Human Rights (ZLHR) notes with apprehension recent disturbing
developments relating to 3 political detainees (Kisimusi Dhlamini,
Gandi Mudzingwa and Andrison Manyere) who have been held in detention
since November 2008.
The three political
detainees were granted bail by High Court Judge, Justice Charles
Hungwe, on 9 April 2009. However the order was suspended for 7 days
following the immediate, reactionary but predictable invocation
of Section 121 of the Criminal
Procedure and Evidence Act by Chris Mutangadura of the Attorney
General's office.
Section 121
has been increasingly used by the state over the last 12 months
in cases involving political detainees to suspend bail granted by
the High Court, thus unnecessarily infringing upon the fundamental
right to liberty of accused persons.
State representatives
proceeded to file an application for leave to appeal with the High
Court on 14 April 2009. The matter was heard on 15 April 2009 before
Justice Bhunu, as Justice Hungwe was said to be unavailable. Justice
Bhunu granted leave to appeal against bail on 17 April 2009 after
the 7-day limit specified in section 121 of the CPEA had lapsed.
Dhlamini, Mudzingwa
and Manyere were released from custody on Friday 17 April 2009 after
warrants of liberation had been properly issued by the court. A
Notice of Appeal against bail was purportedly filed at the Supreme
Court on 17 April 2009 (Reference number SC 99/09), although all
attempts to confirm that this had been filed were unsuccessful until
21 April 2009. In addition, lawyers representing the three have
yet to be served with a copy of this Notice.
Whilst Manyere
was released from Chikurubi Maximum Security Prison, Dhlamini and
Mudzingwa remained at the Avenues Clinic, as they are still being
treated for the effects of the torture they suffered at the hands
of state agents during the time of their abduction/enforced disappearance
and incommunicado detention, which was worsened during their incarceration
at Chikurubi Prison. However, the prison and police guards were
removed.
ZLHR lawyers
were advised by Dhlamini and Mudzingwa that around 19:00hrs on 20
April 2009, 5 individuals purporting to be from the Law and Order
section gained entry into their hospital room. They included one
Detective Chief Inspector Ntini, Detective Inspector Eliot Muchada,
Detective Assistant Inspector Mukwaira, and two others who refused
to identify themselves. They did not speak to the two patients,
and neither were Dhlamini and Mudzingwa advised of the purpose of
their visit. It was clearly meant to be an intimidatory measure
and pure harassment of the two, particularly as there is no reason
for the involvement of police details in this matter, and as the
two are now out of prison custody on bail.
Subsequently,
at or around 22:00hrs, several officers from the Zimbabwe Prison
Service (ZPS) managed to force their way into the hospital and Dhlamini
and Mudzingwa's room. They advised that they had been given
instructions to return to their duties at Avenues Clinic and place
the two men under detention and prison guard again.
ZLHR condemns
the actions taken by the police and the ZPS. Officers from the Law
and Order section continue to involve themselves in unlawful, unjustified
and clearly intimidatory activities and harassment of those perceived
to be political opponents. They continue to act with arrogance and
blatant impunity. This must come to an end. Likewise, the actions
of those who ordered prison officers to return to Avenues Clinic
must be publicly named, and held to account, as they have effectively
unilaterally and unlawfully revoked the men's bail in flagrant
disregard of valid court orders and process. The fact that these
individuals gained entry into the private hospital at late hours
of the evening clearly implies sinister motives.
Such actions
undermine the commitment to ensure the security of persons and the
fundamental rights and freedoms of all people enunciated in the
September 2008 Interparty Political Agreement. The actions also
demand an explanation as to why, after the Joint Monitoring and
Implementation Committee (JOMIC) publicly advised that an agreement
had been reached that Attorney General Johannes Tomana would not
oppose bail in relation to the political detainees, he still insists
on proceeding in violation of such agreement and undertakings.
ZLHR calls for:
- An immediate
investigation by the joint Ministers of Home Affairs of the conduct
of the named police details and the two who refused to disclose
their identities in contravention of standard legal procedure,
and disciplinary measures to be swiftly taken against them and
any commanding officers in terms of whose instructions they purported
to be acting.
- An immediate
investigation by the Minister of Justice and Legal Affairs into
the conduct of the ZPS officers, particularly who instructed them
to return to Avenues Clinic and why, and disciplinary measures
to be swiftly taken against any offending parties, particularly
senior officers in terms of whose instructions ZPS officers were
acting.
- An investigation
into how resources were allocated to and used for such activities,
and by whom, particularly when the ZPS is unable and/or unwilling
to bring accused persons - including Manyere - to court
on account of not having fuel, and has no resources to feed, clothe
and medicate other prisoners who are lawfully in their custody.
- A public
explanation by the Attorney General as to why he continues to
deny these political detainees their right to liberty and presumption
of innocence despite undertakings made to JOMIC in this regard.
Action by JOMIC
to resolve this issue without further delays, which are only serving
to allow recalcitrant state operatives to continue harassing and
intimidating political detainees with impunity, at the expense of
their fundamental rights and freedoms.
Visit the ZLHR
fact
sheet
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