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Legal Monitor Issue 60
Zimbabwe Lawyers for Human Rights (ZLHR)
August 30, 2010

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Tortured woman demands millions from police

A woman who says she lost a foetus and will be unable to give birth again following police torture is demanding over $3.5 million from Police Commissioner-General Augustine Chihuri, co-Home Affairs ministers and the policeman she holds responsible for her troubles.

Shamiso Nziramasanga of Mt Hampden's case comes as the High Court will today commence the case of another police torture suit that will see four cabinet ministers answering allegations of abduction and forced disappearance of Mapfumo Garutsa in 2008.

Rights groups say the shocking details of torture and impunity accompanying such cases provide a compelling case for the coalition government to undertake security sector reforms as dictated by the Inter-Party Political Agreement.

Nziramasanga, of Katosvora Farm, claims in court papers that a policeman only identified as Constable Bako based at Mt Hampden Police Station repeatedly assaulted her, including on the womb, to induce her to confess to a theft crime last year.

She says she was four months' pregnant when Bako assaulted her and forced her to admit to stealing metal poles. The policeman carried out the beating despite her warning that this could affect her pregnancy. Nziramasanga says a doctor has stated that she cannot bear children anymore as a result of Bako's assault. Bako is mentioned as the third defendant after Chihuri and the co-Home Affairs ministers Kembo Mohadi and Theresa Makone. She is also suing Shonhiwa Mungate, who operates Katosvora Farm.

Nziramasanga's ordeal began on 18 July last year when she reported to Mt Hampden police station after being told that police had visited her house looking for her. She claims she found Bako on duty. He quizzed her on the alleged offence before assaulting her and ordering her to report back to him the following day, when he then threatened her with further assault if she sought medical treatment.

"Plaintiff (Nziramasanga) initially complied out of fear but was in such pain that a few days later, she went to a clinic from where she was referred to Parirenyatwa Hospital where she eventually received treatment," read her court papers. Zimbabwe Lawyers for Human Rights is representing Nziramasanga.

The torture, however, haunted her again in November of the same year. A medical report by a Harare medical doctor who attended to her pregnancy confirms that the beatings affected her pregnancy.

A doctor T L Magwali of Mbuya Nehanda Maternity Hospital confirmed attending to Nziramasanga and noted in his subsequent report: "Operation (Laparatomy) done for a ruptured uterus. Operation to remove the uterus done (hysterectomy). Date of operation was 14/11/2009."

Dr Magwali states in his affidavit to the court: "This is to certify that the above mentioned was admitted to Mbuya Nehanda Maternity Hospital on 14/11/2009. She was pregnant and her pregnancy was 31 weeks by dates at that time. Physical examination revealed signs of a ruptured uterus. She was not in labour at the time of admission. She underwent an operation on the evening at which the uterus was found to be ruptured and the baby dead. It was not possible to repair the uterus so an operation to remove the items was done."

Nziramasanga is demanding $2 million for pain and suffering, $1 million for injuries suffered as a result of the assault, $500 000 for unlawful arrest and detention, $5 000 for property and cash that she says was taken by Bako and $65 for medical expenses.

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