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Hard labour and solitary confinement for treason suspects
Zimbabwe Lawyers for Human Rights (ZLHR)
March 07, 2011

Lawyers representing social justice and human rights activists charged with treason on Monday 7 March 2011 lodged complaints against prison authorities after they placed their clients in solitary confinement and subjecting them to hard labour.

Marufu Mandevere and Charles Kwaramba, two of the lawyers representing the 45 social justice and human rights activists told Harare Magistrate Munamato Mutevedzi on Monday 7 March 2011 that prison authorities at the weekend moved 17 male detainees from Harare Remand Prison to Harare Central Prison, where they placed them into solitary confinement.

The lawyers said the activists were only allowed to spend 30 minutes outside their cells while "entertaining" visiting relatives and friends in the morning and another 30 minutes in the afternoon.

The lawyers protested against what they termed a "serious form of punishment."

Mandevere and Kwaramba told Magistrate Mutevedzi that pre-trial incarceration is not meant to punish accused persons but to secure their attendance at court.

The lawyers said all the female activists who were detained at Chikurubi Maximum Prison were subjected to hard labour before being brought to court on Monday. They said female detainees were forced to work three hours a day between Monday and Friday, cutting grass.

However, prosecutor Edmore Nyazamba, who conceded that solitary confinement and hard labour were a serious violation of the activists' rights, denied the allegations. Nyazamba said the submissions by Mandevere and Kwaramba were designed to smear the image of the administration of prisons.

Magistrate Mutevedzi, who freed 39 out of 45 of the activists, ordered the defence lawyers to raise their complaints with magistrates in the remand court.

Those who were freed are Michael Sozinyu, Phillip Magaya, Prolific Mataruse, Godknows Biya, David Mupatse, Douglas Muzanenhamo, Ganizani Nunu, Reki Jimu, Josphat Chinembiri, Strutton Muhambi, Trevor Chamba, Clarence Mugari, Munyaradzi Maregedze, Willie Hlatswayo, Ian Muteto, Tinashe Muzambi, Tinashe Mutazu, Pride Mukono, Lenard Kamwendo, Tinashe Chisaira, Trust Munyama, Peter Garanewako, Elizabeth Makume, Megline Malunga, Daison Bango, Malvern Hobwana, Tashinga Mudzengi, Ednar Chabalika, Thokozile Mathe, Francisca Thompson, Masline Zvomuya, Nhamo Kute, Annie Chipeta, Tabeth Chideya, Charles Mubwandarikwa, Thomas Chibaya, Fatima Manhando, Blessing Muguzayaya and Robert Muhlaba.

Only six detainees, International Socialist Organisation (ISO) general coordinator Munyaradzi Gwisai, anti-debt campaigner Hopewell Gumbo, Antonater Choto, Welcome Zimuto, Tatenda Mombeyarara and Eddson Chakuma remain in remand prison after Mutevedzi ruled that there is reasonable suspicion that they committed a crime.

Mutevedzi said Gwisai, Choto and Mombeyarara convened the meeting to discuss the uprisings in Egypt and Tunisia and were responsible for the programme for that meeting. The Magistrate said Gumbo, Zimuto and Chakuma, who were speakers at the lecture allegedly took turns to incite participants to revolt against the government.

He said urging other people or inciting them to revolt against the government is "certainly criminal".

The Magistrate said viewing footages of the uprising in Egypt is not criminal in any way.

He said it was up to the trial court to determine whether showing such footage with the intention of urging people to revolt to a large audience was treasonous or not.

The Magistrate said the discussion by Gwisai, Choto, Gumbo, Zimuto, Mombeyarara and Chakuma focusing on the possibility of doing what had been done in Egypt in Zimbabwe was not just "idle talk" but there was a conspiracy.

Magistrate Mutevedzi stated that there were "glaring weaknesses" in the State case. He said it wasn't clear from the State what the rest of the accused persons did to deserve to be arrested and charged with treason.

He said the State's reliance on one witness, a police officer who attended the meeting surreptitiously and who had allegedly observed all the 45 suspects committing the offence was fictitious.

Magistrate Mutevedzi said the apprehension of the 45 people was a "dragnet arrest" by the police who didn't verify or attach criminal conduct to each of the accused persons.

The Magistrate advised the six activists to apply for bail at the High Court as he has no power to determine bail for them.

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