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Legal
Monitor Issue 59
Zimbabwe Lawyers for Human Rights (ZLHR)
August 24, 2010
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Ministers
in court over abduction
Judge President
Justice George Chiweshe will preside over the trial of four ministers
and several top state security agents who are being sued for damages
exceeding $150 000 by Mapfumo Garutsa, a Norton resident who was
a victim of abduction and subsequent enforced disappearance.
The trial will
commence during the week beginning 30 August at the High Court.
Garutsa is claiming a total of $190 000 in damages which he suffered
after he was allegedly abducted by state security agents and charged
with committing acts of terrorism and banditry.
The abductee,
who was accused of receiving training in Botswana and bombing police
stations, was kept incommunicado for 22 days from 30 November 2008
until 22 December 2008 when he was brought to a police station.
His captors accused him of bombing a bridge along Manyame River
and Manyame railway bridge.
Garutsa says
he was subjected to torture and was starved of food while detained
at a prison in Goromonzi. He says he was only served "a small
plate of sadza with dried vegetables". He says his captors
assaulted him and immersed him in a sink full of water.
The abductee's
lawyer Alec Muchadehama says the experience was "traumatic
and is still haunting his client to date".
The four ministers
are former State Security Minister Didymus Mutasa, Justice and Legal
Affairs Minister Patrick Chinamasa, co-Home Affairs Minister Kembo
Mohadi and former co-Home Affairs Minister Giles Mutsekwa.
Happyton Bonyongwe,
the director-general of the Central Intelligence Organisation (CIO),
Police Commissioner-General Augustine Chihuri and Paradzai Zimondi,
the Commissioner of Prisons are being sued together with seven top
police officers who include Chief Superintendent Peter Magwenzi,
Chief Superintendent Chrispen Makedenge, Senior Assistant Commissioner
Nyathi, Asher Walter Tapfumaneyi, Superintendent Joel Shasha Tenderere,
Superintendent Regis Takaitei and Detective Chief Inspector Mpofu.
The abductee
is claiming $50 000 damages for unlawful assault and torture, $50
000 as damages for the abduction, enforced disappearance and unlawful
detention incommunicado. $50 000 for malicious prosecution and $40
000 for unlawful detention.
Garutsa, a victim
of enforced disappearances which were outlawed by the United Nations
General Assembly Resolution 47/133 of 18 December 1992, says he
was seriously tortured during the period he was held incommunicado.
He said the
torture was unlawful, inhumane, degrading and violated section 15
of the Constitution and other regional and international human rights
instruments such as Article 5 of the Universal
Declaration of Human Rights, Article 1 of the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Article 5 of the African
Charter on Human and People's Rights and Article 7 of
the International Covenant on Civil and Political Rights which outlaw
torture.
Besides Garutsa,
other victims of abduction who include Movement for Democratic Change
(MDC) and human rights activists and a freelance journalist are
demanding damages from cabinet ministers and state security agents
for their alleged abduction, unlawful detention incommunicado, and
deprivation of liberty in 2008.
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