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This article participates on the following special index pages:
Index of articles on enforced disappearances in Zimbabwe
Lawyers
petition High Court to refer abductees case to Supreme Court
Zimbabwe Lawyers for Human Rights (ZLHR)
June 29, 2009
High Court Judge, Justice
Charles Hungwe on Monday 29 June 2009 deferred to Wednesday 01 July
2009 an application for referral of the matter involving seven abductees
to the Supreme Court, to allow the State to prepare its opposing
papers.
Chris Mutangadura of
the Attorney General's Office asked Justice Hungwe to postpone
the matter to enable the State to prepare its papers to oppose an
application for referral of the matter to the Supreme Court, which
had been filed by defence lawyers.
The seven whose
trial was scheduled to commence on Monday 29 June 2009 but was shelved
after the defence lawyers petitioned the High Court to refer the
matter to the Supreme Court include Movement for Democratic Change
(MDC) members Kisimusi Dhlamini, Gandhi Mudzingwa, Regis Mujeyi,
Zacharia Nkomo, Mapfumo Garutsa, Chinoto Zulu and freelance photo-journalist
Andrison Manyere. The seven are accused of contravening Section
23 (1) (a) (i) (ii) of the Criminal
Law (Codification and Reform) Act, Chapter 9: 23 "Insurgency,
Banditry, Sabotage or Terrorism."
Defence lawyers
led by Alec Muchadehama wants the Supreme Court to determine whether
or not the abductees' abduction/ kidnapping constituted unlawful
deprivation of liberty in violation of Section 13 (1) of the Constitution
of Zimbabwe.
The lawyers also want
the Supreme Court to determine whether or not the torture of the
abductees constitutes inhuman and degrading treatment in violation
of section 15 (1) of the Constitution of Zimbabwe.
They further want the
Constitutional Court to determine whether or not the applicants,
as victims of enforced disappearances, can lawfully be prosecuted
and whether the abductees can be compelled to go on trial in circumstances
where their appearance at court was facilitated by a criminal act
of kidnapping/ abduction authorized or sanctioned by the State or
officials of the State.
The filing of the application
for referral to the Supreme Court follows the referral of the matters
involving other abductees namely Jestina Mukoko, Concillia Chinanzvavana,
Fidelis Chiramba, Violet Mupfuranhewe and Collen Mutemagawu who
were abducted in similar fashion to Kisimusi Dhlamini and Others.
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