Movement for Democratic Change activists who were arrested after a clash with police were all released without any charge being preferred against them according to their lawyer Beatrice Mtetwa.
The detainees appeared in court with their lawyers but there were no police or court officials to receive them.
Mtetwa said that the police had not furnished arrest statements to prosecutors, and therefore prosecutors had not filed any charges against the MDC and civil society detainees, who were released from custody.
Full cable:
Viewing cable 07HARARE204, TSVANGIRAI, OPPOSITION ACTIVISTS FREED
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Reference ID |
Created |
Classification |
Origin |
VZCZCXRO5233
RR RUEHMR RUEHRN
DE RUEHSB #0204/01 0731437
ZNY CCCCC ZZH
R 141437Z MAR 07
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC 1237
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHUJA/AMEMBASSY ABUJA 1509
RUEHAR/AMEMBASSY ACCRA 1367
RUEHDS/AMEMBASSY ADDIS ABABA 1513
RUEHRL/AMEMBASSY BERLIN 0189
RUEHBY/AMEMBASSY CANBERRA 0775
RUEHDK/AMEMBASSY DAKAR 1139
RUEHKM/AMEMBASSY KAMPALA 1568
RUEHNR/AMEMBASSY NAIROBI 3972
RUEHFR/AMEMBASSY PARIS 1336
RUEHRO/AMEMBASSY ROME 1996
RUEKJCS/JOINT STAFF WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
RHEFDIA/DIA WASHDC
RHEHAAA/NSC WASHDC
RUEHBS/USEU BRUSSELS
RUCNDT/USMISSION USUN NEW YORK 1730
C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000204
SIPDIS
SIPDIS
AF/S FOR S. HILL
NSC FOR SENIOR AFRICA DIRECTOR B. PITTMAN
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS
E.O. 12958: DECL: 03/14/2017
SUBJECT: TSVANGIRAI, OPPOSITION ACTIVISTS FREED
REF: A. REF A: HARARE 198
¶B. REF B: HARARE 195
Classified By: Ambassador Christopher W. Dell under Section 1.4 b/d
——-
Summary
——-
¶1. (C) Police late on March 13 released all of the MDC
activists arrested on March 11 (Ref B) without filing
charges. Eleven of the detainees, including Morgan
Tsvangirai, are still being treated at Avenues Hospital.
SIPDIS
Separately, witnesses claim that Gift Tandare, the MDC youth
killed at the aborted prayer meeting on March 11, was shot in
the back by the officer-in-charge of Machipisa Police
Station. End Summary.
—————–
Detainees Go Free
—————–
¶2. (SBU) Following their court appearance yesterday, all of
the detainees were taken to Avenues Hospital, where they were
examined by doctors. Later in the evening police escorted an
uninjured group back to the magistrates’ courthouse, where
they had hoped to return them to court custody. However, no
one was present to accept custody. Eventually, a senior
police officer arrived and agreed to release the activists
into the custody of their lawyers. He ordered them to return
to the courthouse the next morning, March 14.
¶3. (SBU) The MDC activists appeared at court with their
lawyers on March 14, as ordered. Once more there were no
police or court officials to receive them, and the detainees
returned home. A lead lawyer for the detainees, Beatrice
Mtetwa, told us that the police had not furnished arrest
statements to prosecutors, and therefore prosecutors had not
filed any charges against the MDC and civil society
detainees, who had therefore been released from custody.
Meanwhile, the police guarding the detainees still in the
hospital had withdrawn overnight. Mtetwa said no charges
were filed against these detainees either and they had in
essence been released from custody as well and would return
home when their injuries had healed sufficiently.
¶4. (SBU) Mtetwa said she doubted that prosecutors would
continue to pursue the case if only to avoid further
embarrassment and international attention. However, Mtetwa
noted that charges could be brought later against those
released and they could be ordered to court through the
issuance of a summons or, more likely, the police could look
for less profile ways to harass the MDC leaders.
¶5. (SBU) Amani Trust officials told us the morning of March
14 that while many suffered serious injuries the prognosis
for the 11 activists still in the hospital, including the
semi-conscious young man that the Ambassador saw in court
(Ref A), was good. They told us Tsvangirai might have
sustained a fractured skull and that testing was underway.
———————————
Details Emerge in Police Shooting
———————————
¶6. (C) Opposition lawyers told poloff that two witnesses had
come forward to accuse a senior police officer of shooting
Gift Tandare, the MDC youth killed during the aborted prayer
meeting March 11, in cold blood. Contrary to the
HARARE 00000204 002 OF 002
state-controlled media account, Tandare was not part of a
gang attacking police and did not throw a tear gas canister
at police before the shooting. According to these witnesses,
Tandare was among a small group of by-standers when the
driver of a police vehicle that approached fired shoots into
the air to disburse them. As Tandare turned to run away, the
passenger in the vehicle, who has been identified as the
officer-in-charge of Machipisa Police Station, fired two
shots, one of which hit Tandare in the back and killed him.
——-
Comment
——-
¶7. (C) The brutality of the regime over the weekend was
shocking. Its confusion and incompetence since then has been
astonishing. No one in the security services or the courts
seems to want to take responsibility for the savage beatings
of Tsvangirai and the other opposition leaders. In their
haste to wash their hands, the government’s case, such as it
is, appears to be crumbling. More importantly, instead of
cowing the opposition into submission, the government’s
actions appear to have restored Tsvangirai’s credibility and
reinvigorated the opposition under his leadership. The
government now faces a Hobson’s choice about whether to
intensify the crackdown or to back down. That choice could
come as soon as this weekend when Tsvangirai is likely to
lead funeral services for Tandare.
DELL
(54 VIEWS)
