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This article participates on the following special index pages:
Index of articles on enforced disappearances in Zimbabwe
Supreme
Court reserves judgement in abductees case
Zimbabwe Lawyers for Human Rights (ZLHR)
September 15, 2011
Chief Justice
Godfrey Chidyausiku on Thursday 15 September 2011 reserved judgment
on some preliminary objections raised by the State in a case
in which seven political and human rights activists who were victims
of State sponsored abduction
and torture want a permanent stay of prosecution.
Chris Mutangadura,
the chief law officer in the Attorney General's Office raised
some preliminary objections arguing that the abductees' case
was erroneously referred to the Supreme Court by the High Court
and should be dismissed. Mutangadura told the court that the State
had obliged to a Magistrate Court's order to investigate allegations
of abduction and torture which were raised by the abductees when
they appeared in court in 2008. He said the State's efforts
were only hindered by a ministerial certificate issued by the then
State Security Minister, Didymus Mutasa who invalidated the court
order.
Advocate Tonderai
Bhatasara, who appeared for the abductees together with Alec Muchadehama
opposed Mutangadura's application.
After hearing
submissions from both parties, Chief Justice Chidyausiku who sat
with the Full Bench of the Constitutional Court reserved judgment
on the in limine points raised by the State.
The political
and human rights activists who were charged with banditry and sabotage
for allegedly plotting an insurgency against President Robert Mugabe's
government in 2008 want the Supreme Court, sitting as a Constitutional
Court, to permanently stay the prosecution on the basis that the
torment they received at the hands of State security agents in 2008
violated their constitutional rights.
The seven include
Movement for Democratic Change official, Kisimusi Dhlamini, freelance-journalist
Andrison Manyere, Prime Minister Morgan Tsvangirai's former
personal assistant Gandhi Mudzingwa, Mapfumo Garutsa, Chinoto Zulu,
Zacharia Nkomo and Regis Mujeyi.
They argue that
the kidnap and torture violated their right to liberty and right
to full protection of the law. They further argue that evidence
which is being used against them by the State was inadmissible.
They say the evidence was sought through illegal means of torture.
The abductees want the Supreme Court to determine on the violations
of their rights before the High Court hears the allegations of insurgency.
Lawyers for
the abductees argue that the State has not disputed medical reports
showing that the abductees were tortured while in State security
agents' custody.
Already, the
Supreme Court in September 2009 ordered a permanent stay of prosecution
of similar charges against prominent peace campaigner Jestina Mukoko
on the basis that her kidnap and torture had violated her constitutional
rights. Mukoko was abducted from her Norton home in 2008 in similar
circumstances to the other abductees and charged with recruiting
people to train at camps in neighbouring Botswana.
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