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Written by Veritas
Saturday, 07 February 2009
Jestina Mukoko is still incarcerated in solitary confinement in Chikurubi Maximum Security Prison. An application to the High Court for her release on bail failed when the judge ruled on technical grounds that she could not apply for bail. The judge refused to grant leave to appeal to the Supreme Court against his decision.
So for the time being Jestina seems set to continue in custody until there is a ruling from the Supreme Court on her allegations of infringements of her constitutional rights. Those allegations were referred to the Supreme Court by the magistrates court on the 16th January. Although the Chief Justice accepted that this is an urgent matter, the Supreme Court has not yet set down this case for hearing.
Broderick Takawira is also still in solitary in Chikurubi Maximum Security. His case has been referred to the Supreme Court on constitutional issues, and is likely to be heard at the same time as Jestina’s.
Both Jestina and Broderick will be appearing again at the magistrates court on Monday 9th February.
Pascal Gono This morning a judge ordered Pascal’s release. His actual release from Chikurubi had not been confirmed at time of writing.
Other Abductees
Fourteen other abductees are also still in detention at Chikurubi Maximum Security. All of them will be appearing at the magistrates court on Monday 9th February, along with Jestina Mukoko and Broderick Takawira. The police continue to hold three other abductees in “protective custody” as State witnesses. The State continues to deny knowledge of the whereabouts of the remaining eight abductees.
Release of Abductees and Inclusive Government
The MDC National Council resolutions of 30th January quite firmly stated that the abductees have to be released before the inclusive government is formed. [Copy of these resolutions available on request.] It is disappointing that the fast-tracking of their release was not insisted on before agreeing to the fast-tracking of the Constitution Amendment Bill.
What the MoU had to say about Political Violence
“10.1 (a) Each party shall….take all measures necessary to ensure that the structures and institutions it controls are not engaged in the perpetration of violence.”
This undertaking has been broken. State institutions under the control of ZANU-PF have been responsible for “forced disappearances’ and illegal detention, on the personal admission of the Minister of State Security [full text of his affidavit produced in court available on request].
“(b) The Parties are committed to ensuring that the law is applied fairly and justly to all persons irrespective of political affiliation.” This is certainly not pertaining at the moment.
What the Inter-Party Agreement had to say about Political Violence
“18.5 The Parties hereby agree:
(c) that the Government shall apply the laws of the country fully and impartially in bringing all perpetrators of politically-motivated violence to book;
(d) that all political parties, other organisations and their leaders, shall commit themselves to do everything to stop and prevent all forms of political violence …
(e) to take all measures necessary to ensure that the structures and institutions they control are not engaged in the perpetration of violence.”
Note: we include the ZPP workers under the heading of political violence because Jestina and her colleagues are being treated as political offenders although they are peace activists.
Joint Monitoring and Implementation Committee Set Up
The Joint Monitoring and Implementation Committee [JOMIC] was inaugurated on Friday 30th January, as directed by the recent SADC Extraordinary Summit. JOMIC’s role is to is to see that the Interparty Political Agreement is carried out both in letter and spirit, and to serve as a catalyst in creating and promoting an atmosphere of mutual trust and understanding between the parties. JOMIC could have been set up immediately after the signing of the IPA on 15th September. If it had been, it might have served a useful purpose in ensuring that the IPA’s stipulations on violence, displacement, humanitarian aid, etc. were being adhered to. [Electronic version of the IPA available on request.]
JOMIC has 4 representatives from each party. The Committee is jointly chaired by Nicholas Goche [ZANU-PF], Elton Mangoma [MDC-T] and Welshman Ncube [MDC-M]. The chairmen met first to set agendas, followed by a meeting of the whole committee [the other members are Patrick Chinamasa, Emmerson Mnangagwa [or Kembo Mohadi] and Oppah Muchinguri [ZANU-PF], Elias Mudzuri, Tabita Khumalo and Innocent Chagonda [MDC-T] and Frank Chamunorwa, Edward Mkhosi and Priscilla Misihairabwi-Mushonga [MDC-M]].
One of JOMIC’s roles is to “receive reports and complaints in respect of any issue related to the implementation, enforcement and execution” of the IPA. This wording is such as to enable JOMIC, if it so decided, to hear relevant complaints by members of the public, and it is hoped that JOMIC will do this and also that it will issue frequent communiqués on what it is achieving. Ordinary people have been kept in the dark too long.
It was hoped that JOMIC's first business would be dealing with the issue of the abductees - whose treatment has violated both the letter and spirit of the IPA and without whose release it is difficult to see progress in an atmosphere of mutual trust. But so far we have heard nothing.
How Can We as Zimbabweans Condone Torture?
Most of the abductees have complained of being victims of “enforced disappearances”, illegal detention and torture at the hands of State agents. Minister of State Security Mutasa, in affidavits lodged in court, has sought to block investigation of the methods used by State Security personnel and their identity. If the courts support this stance, alleged torturers may continue to enjoy impunity.
Yet torture is forbidden by our Constitution [section 15 - "No person shall be subjected to torture …"]. It is punishable as the crime of assault. Where torture has been used to extract a confession from a person, the confession cannot be used as evidence if the person is brought to court on criminal charges.
Torture is also forbidden by international instruments, among them the African Charter of Human and People's Rights [Article 5]. The Statute of the international Criminal Court lists torture as a crime against humanity. There is also a special international convention on the subject - the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984. The underlying principle is that torture is never acceptable, under any circumstances.
It is high time that Zimbabwe signed the International Convention. At present Zimbabwe sticks out like a sore thumb in the region - all the countries round us have signed and ratified or acceded to [i.e. joined] the Convention. 12 out of 15 SADC States, and 47 out of 53 African States, have joined. Zimbabwe, which used to be a progressive leader in Africa, is now a country shamefully out of step with the rest of the continent
Most countries in the world except the most brutal of dictatorships have outlawed torture. Even when it has been used in the duress of military operations in a war situation there are always enquiries afterwards and those involved are punished.
The new US President Barack Obama has, in one of his first acts as President, ordered the closing down of the notorious Guantamano Bay detention centre, a military prison for persons taken into custody in the course of the US “war against terrorism”. There have been many allegations that some of the interrogation techniques used by US personnel there constituted torture. It is also of note that Cuba, which in the past has been suspicious of so-called western human rights instruments, in January announced an invitation to the UN Special Raporteur on Torture to visit Cuba on behalf of the United Nations Human Rights Council to investigate allegations of torture, disappearance and detention without trial.
What needs to be done to accede to the Convention against Torture
The decision has to be taken by the Government of the day, but it must also be approved by Parliament . The initiative could either come through Parliament or through the Ministry of Justice. It has still not been decided who will be the next Minister of Justice but in the meantime all those with access to Members of the House of Assembly or the Senate could start lobbying them to support a motion in Parliament to this effect. It would get a new government off to a very positive start and rebuild hope for the future if this was to be one of the earliest decisions of an inclusive government.
Abductees Court Proceedings Since 24 January 2009
Note: for full day by day details of events please see ZLHR reports available from kumbi@zlhr.org.zw.This email address is being protected from spam bots, you need Javascript enabled to view it
26 January: A magistrate dismissed an affidavit filed by State Security Minister Mutasa seeking to block investigations into allegations of torture made by members of the Dhlamini group of abductees. Police were ordered to continue their investigations into these allegations and report to the court on 9th February.
30 January: A magistrate postponed proceedings against Concillia and Emmanuel Chinanzvavana, Fidelis Chiramba, Pieta Kaseke, Violet Mupfuranhehwe and Collen Mutemagau until 9th February. Prisons were ordered to take Violet, Fidelis and Collen to Avenues Clinic for examination.
4 February: Bail applications by Jestina Mukoko, Concilia Chinanzvavana and others were rejected by a High Court judge. Leave to appeal to the Supreme Court against the rejection was refused. Defence lawyers stated their intention to apply to the Supreme Court for leave to appeal.
60 arrested as police crush students demo
Police on Tuesday brutally crushed a demonstration by University of Zimbabwe students. On Monday they were notified that they had to find US $ 400 in order to take exams due in eight days and that fees for the second semester would be US$ 1 000, to be paid before they could begin their studies. Hundreds of students began demonstrating against the fees early Tuesday.. Scores of armed riot police descended on the campus, released tear gas and then arrested about 60 students, five of whom were injured and needed medical attention. The whereabouts of three of the arrested students is still unknown. A student leader commented that the police reaction did not indicate any change of attitude and that there was still no willingness to allow free expression in spite of the inclusive government having now been agreed to by all parties.
Documents on Offer
Inter-Party Political Agreement
MDC National Council Resolutions of 30th January 2009
Affidavit of Minister of State Security blocking inquiry into torture and forced disappearances
Convention against Torture and list of states parties [states who have signed, ratified, acceded]
Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.
Last Updated ( Saturday, 07 February 2009 )
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