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Update on arrests and detention
International Socialist Organisation (Zimbabwe)
February 24, 2011

Comrades we will like to inform you on the recent update in the matter. The comrades appeared in court as per arrangement today at 11:15am and the session resumed with the state making an application for remand in custody to the 9th of March 2011.

The defense lawyers i.e Mr Alec Muchadehama and Mr Mandevere Marufu sought leave of the court to address the complaints of each and every accused person and the leave was granted. The accused had numerous complaints against the police as follows:-

1. Their arrest was unlawful since it was a dragnet arrest which captured innocent vendors passersby and others who were in their offices who were not part of the alleged meeting. The meeting was an innocent one. They were arrested without any charge and were detained at Harare Central Police station without charges explained to them. Police only advised them that they had contravened S.22 of the Criminal Law Codification and Reform Act (subverting constitutional government) after a day in detention. They were not informed of contravention of s.20 of the same code (the charge of treason) only to hear it in court yesterday. No warned and cautioned statements were recorded from the accused on the charge of treason.

2.They were overdetained and interrogated in custody at Harare Central police from the 19th to the 22nd without charges. The law says upon arrest a person should be brought to court within 48 hours and the 48 hours lapsed on Tuesday without them being formally charged. No further investigations were needed further since the accused were arrested in one room. Mr Muchadehama further stated that the police had no charge so they intended to detain the accused as a way of punishing them and give a public example for the others just in case they might be acquitted.

3. Some were being forced to be state witnesses in the matter.

4.Some tortured and brutalized in police custody e.g. M. Gwisai, A. Choto,T. Mombeyarara, M. Sozinyu, E, Chakuma, W. Zimuto, T. Chamba, I. Muteto, T. Muzambi, P. Mukono and M. Hobwana. The court was told that they were individually taken to the basement where they were beaten by the police officers or those who were working with them. They were beaten under the feet, buttocks and all over the body using broom sticks, metal rods, woods pieces open hands and other blunt objects.

5.The accused were denied right to medication especially those who are HIV+ who were denied access to their ARVs and some others who were assaulted by the police. They needed to be examine by medical practitioners of their choice.

6. The cells were not fit for human habitation no blankets, no water, dirty toilets and the police never provided them with food.

The legal representatives therefore refused the accused being placed on remand since there was no reasonable suspicion in the matter and the state had failed to allege facts which link the accused to the commission of the crime since they were just watching video clips with news on Tunisia and Egypt which is not a crime. If it is a crime then watching what is happening in Libya is treason to everyone.He likened the charges to the 1963 period and several cases which criminalized every act against the government as treason.

The matter was therefore postponed to Monday 28/02/11 but the accused a still in custody. Females are at Chikurubi Maximum Prison while the males are at Harare Central Remand Prison.

We are however reliably informed that they last ate yesterday afternoon when we gave them lunch at Harare Central Police Station before court. When we left the court today at 17:00hrs they had not eaten anything and we were denied access to them to give them food. They were in torn prison clothes.

Our fears are now on the fact that some of the arrested are bread winners in their families and as it is the end of the month rentals need to be paid plus food for the families and any other necessities. If you can be of any assistance that will be greatly appreciated.

Thanks to the organizations that are standing with us at the moment. We appreciate the assistance and solidarity.

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