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Legal Monitor - Issue 168
Zimbabwe Lawyers for Human Rights (ZLHR)
November 06, 2012

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Justice beckons

After being tortured and jailed on charges of plotting to overthrow the government, which later spectacularly collapsed, a group of social, labour and HIV activists now want their tormentors pay.

The activists suing for damages, who include academic and labour activist Munyaradzi Gwisai, were part of 45 people arrested in February last year on accusations of plotting to overthrow the government using mass protest tactics that successfully brought down dictators in Egypt and Tunisia.

Police swooped on the activists while they were watching television footage of the Egyptian uprisings during a break at the International Socialist Organisation (ISO)'s Harare offices where a meeting on HIV campaigns was underway. They were accused of using the videos to learn strategies to mount the ouster of President Robert Mugabe's government.

The activists are now demanding up to $2 million in compensation for unlawful arrest, detention, assault and torture, pain and suffering and malicious prosecution. The activists are claiming between $250 000 and $350 000 each depending on the severity of the torture.

Human rights lawyers, representing the activists, said the High Court is on track to setting a date for trial following the conclusion of a pre-trial conference held early last month before Justice Bharat Patel.

The stories from some of the activists are horrendous.

In his lawsuit, Gwisai says police arrested him at ISO offices while conducting a labour meeting focusing on HIV and AIDS. He is demanding $300 000 after being tortured at the police station and inside remand prison.

"While at Harare Police Station (I was) subjected to assault, torture and other cruel inhuman and degrading treatment at the hands of the police officers," says Gwisai in his court papers.

Gwisai says police detained him for five days "beyond the statutory limit (48 hours)" and thereafter took him to Harare Remand Prison where he was condemned to solitary confinement. There, he was allowed only a few minutes a day to see relatives.

In response to Gwisai's lawsuit, the Civil Division of the AG's office argues that "the truth of the matter is that the Plaintiff (Gwisai) and others were strategising and planning to implement the removal of the constitutionally elected government of Zimbabwe using unconstitutional means," the State argues, ignoring that the same office has since dropped charges of trying to subvert the government in favour of the lesser conspiracy to commit public violence charges.

The AG says medication was allowed, including that brought in by relatives and legal representatives.

The AG's Office then denies police ever "subjecting the plaintiff to any form of torture or inhuman and degrading treatment."

It was impossible to place an inmate into solitary confinement at the remand prison because "people are put in communal cells," argues the AG's Office.

On prolonged detention in police cells, the AG said police had obtained a warrant for further detention.

"There is no requirement at law that such warrants should be shown to detained persons," the AG's Office said.

Another activist, Enny Chipeta says she attended the meeting to commemorate the life of HIV activist Navigator Mugoni.

She ended the day at Harare Central Police Station where she says police tortured and assaulted her using brooms, baton sticks, open hands and booted feet.

Police officers, she says, denied her the right to take medication thereby compromising her health while being detained for five days which was well beyond the 48-hour detention limit.

Chipeta was to suffer more at Chikurubi Female Prison and Harare Central Prison where she was jailed after being denied bail.

At Chikurubi Female Prison, she was "unlawfully forced to cut grass at the grounds every Tuesday and Thursday" against her will as if she was a convicted prisoner.

She was later transferred to Harare Central Prison where she was forced to sign a warned and cautioned statement for treason charges but denied. As punishment, prison officers denied her food and blankets for three days.

Mupeta is demanding $250 000 compensation for unlawful detention, unlawful arrest, assault and torture as well as pain, suffering and trauma.

While she says she is still traumatised, the prospect of justice on the horizon keeps her and other affected activists going.

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