Movement for Democratic Change treasurer Roy Bennett was granted bail by the High Court but the State invoked a section of the Criminal Procedure and Evidence Act effectively suspending the bail and giving the State time to appeal.
High Court judge Tedius Karwi threw out the State’s appeal but Bennett could not be released because Karwi’s order had been locked up in a cabinet. The State appealed to the Supreme Court.
Full cable:
Viewing cable 09HARARE182, BAIL APPROVALS INDICATE SLIGHT GOZ SHIFT IN RIGHT
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|
Reference ID |
Created |
Classification |
Origin |
VZCZCXRO9517
OO RUEHBZ RUEHDU RUEHMR RUEHRN
DE RUEHSB #0182/01 0631624
ZNY CCCCC ZZH
O 041624Z MAR 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4134
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 2671
RUEHDS/AMEMBASSY ADDIS ABABA 2792
RUEHRL/AMEMBASSY BERLIN 1262
RUEHBY/AMEMBASSY CANBERRA 2060
RUEHDK/AMEMBASSY DAKAR 2416
RUEHKM/AMEMBASSY KAMPALA 2840
RUEHNR/AMEMBASSY NAIROBI 5268
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 1961
RHEHAAA/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000182
SIPDIS
AF/S FOR B. WALCH
DRL FOR N. WILETT
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS
STATE PASS TO USAID FOR J.HARMON AND L. DOBBINS
E.O. 12958: DECL: 03/04/2019
TAGS: PGOV PREL ASEC PHUM KDEM ZI
SUBJECT: BAIL APPROVALS INDICATE SLIGHT GOZ SHIFT IN RIGHT
DIRECTION
REF: A. HARARE 163
¶B. HARARE 130
¶C. HARARE 115
Classified By: Ambassador James D. McGee for reason 1.4(d).
——
SUMMARY
——-
¶1. (C) Of the 32 persons abducted between October and
December 2008, 21 have now been released, including human
rights activist Jestina Mukoko who was released on bail on
March 2. The granting of Deputy Agriculture
Minister-designate Roy Bennett’s bail was reaffirmed in the
high court on March 3, although he has not yet been released.
In the last week, others have been arrested on various
politicized charges, but most of them have been released
relatively quickly. In a new twist, MDC supporters across
Zimbabwe are trying to take back property stolen during 2008
election violence, and many of these individuals have been
arrested. END SUMMARY.
—————————–
32 Abductees: 9 still missing
—————————–
¶2. (U) Of the 32 persons abducted at the end of 2008 (ref C),
most have now been released: 16 granted bail, 13 of these
released, 1 escaped, 6 in custody without bail, and 9 still
missing. Of the nine people accused of plotting an armed
insurgency from Botswana, including Jestina Mukoko, all have
been granted bail under stringent conditions. Press reports
that the abductees were forced to rescind allegations of
torture as a condition of release are inaccurate. There are
several complaints pendig in the courts contesting their
abductions, torture, and arrests.
¶3. (SBU) On Friday February 27, Magistrate Mishrod Guvamombe
granted bail to eight people: Concillia Chinanzvavana,
Emmanuel Chinanzvavana, Broderick Takawira, Violet
Mupfuranhewe, Fidelis Chiramba, Collen Mutemagau, Pieta
Kaseke, and Audrey Zimbudzana. The bail conditions were
stringent: US$600 bail, surrender of all travel documents,
deposit of US$20,000 or title deeds for surety, and a
requirement to report to their local police station twice a
week. On Saturday February 28, Takawira and Chiramba were
released after meeting all requirements. Because some do not
own property or have passports, it has taken a few days to
gather documentation proving they do not have passports.
Defense attorneys succeeded in getting the State to scrap the
requirement for the US$20,000 deposit or title deed. As of
mid-day March 4, three of those granted bail remain in state
custody, although lawyers believe they will be released soon.
¶4. (U) On Monday March 2, Jestina Mukoko’s lawyer made a bail
application before Magistrate Guvamombe which was granted
under the same conditions as the group granted bail on
February 27. Mukoko satisfied bail conditions the same day
and was unshackled at Avenues Clinic, where she continues to
receive medical care.
¶5. (U) Also on March 2, four abductees (Mapfumo Garutsa,
Regis Mujeyi, Chinoto Zulu, and Zachariah Nkomo) accused of
bombing police stations were released following a bail order
by High Court Justice Yunus Omerjee. Omerjee ruled on
Qby High Court Justice Yunus Omerjee. Omerjee ruled on
February 27 that his February 19 bail order for the four
stands, despite a State request to appeal bail. The four are
required to deposit Z$1,000, surrender travel documents, to
report twice daily to their local police station, and not
interfere with state witnesses; they are not allowed to leave
HARARE 00000182 002 OF 003
their homes other than for court appearances or to report to
the police station. The other three accused of bombings
(Chris Dhlamini, Ghandi Mudzingwa, and journalist Shadreck
Manyere) remain in state custody; lawyers are working
feverishly to secure their release. All seven are scheduled
to appear in court again on March 6.
¶6. (SBU) Three other abductees remain in state “protective
custody” as state witnesses: Fanny Tembo, Lloyd Tarumbwa, and
Terry Musona. Their lawyer is scheduled to appear in the
High Court on March 6,to apply for their immediate release.
¶7. (U) As reported in ref C, two other abductees were
released and charges against them were dropped. Two-year-old
Nigel Mutemagau was also released after being abducted with
his parents in October. Bothwell Pasipamire escaped
detention and remains in South Africa. Nine others remain
unaccounted for.
——————————————
Bennett: Bail Granted but Still in Custody
——————————————
¶8. (SBU) On February 24, MDC Treasurer and Deputy Agriculture
Minister-designate Bennett was granted bail in the High Court
following his arrest on February 13 (ref B). The State then
invoked section 121 of the Criminal Procedure and Evidence
Act, suspending bail and giving the State time to file an
appeal. High Court Judge Tedius Karwi threw out the State’s
application to appeal bail late on March 3. However, on
March 4, procedural roadblocks continued to prevent Bennett’s
release. Karwi’s order was locked in a cabinet in his office
for most of the day, and no one could find either the key or
Karwi. After lunch, Karwi turned up and the order is en route
to Mutare, where Bennett is being held, in order for the
release order to be written up. Also on March 4, the State
filed an appeal to the bail order in the Supreme Court, but
it is unclear if this appeal will prevent his release. As of
4:30 p.m., the documentation has arrived in Mutare, but the
court clerk is refusing to accept the US$2,000 bail. An MP
in Mutare tells us that Bennett’s lawyers are seeking out the
magistratedES)+BX}ill spend at least one more
night in jail.
—————————————–
WOZA, ZINASU – Beaten, Arrested, Released
—————————————–
¶9. (U) Five members of Women of Zimbabwe Arise (WOZA) were
arrested on February 26 when they attempted to deliver a
petition to Education Minister David Coltart asking that the
2008 school year be canceled (ref A). They were granted bail
of US$50 each and released on March 2.
¶10. (U) The group of eight WOZA women and two lawyers with
Zimbabwe Lawyers for Human Rights (ZLHR) that were arrested
during a Valentine’s Day protest on February 10 (ref C)
Qduring a Valentine’s Day protest on February 10 (ref C)
appeared in court on March 4. Their trial is now scheduled
for March 25.
¶11. (U) On February 26, six members of the Zimbabwe National
Students Union (ZINASU), including Chairperson Madock Chivasa
of the National Youth Forum, were arrested by police in
Masvingo following a public meeting. Chivasa addressed the
crowd of approximately 300 youths on “the role of youths in
the transitional period vis-a-vis national healing, peace
building, and conflict transformation.” The six were
initially accused of inciting violence; all were released on
HARARE 00000182 003 OF 003
February 27 and charges against them were dropped. They were
beaten when arrested, but none sustained serious injuries.
—————————- ————————–
Some MDC Supporters Arrested for Taking Back Belongings
—————————- ————————–
¶12. (SBU) Across Zimbabwe, MDC members, perhaps emboldened by
the new government, are seeking to take back their livestock,
farm implements, and other possessions that were stolen by
ZANU-PF supporters during election violence in 2008. While
some allege the MDC is supporting these efforts, NGs
investigating the incidents report that the MDC is not
organizing these attempts. 52 MDC supporters were arrested
in Mutoko, 38 remain in custody. 13 were arrested in Mbare
on February 16, charged with public violence; eight were
granted bail on March 5. On February 18, eight were arrested
in Gokwe; they were later granted bail, which the State
appealed. 86 were arrested in Nyanga on February 27 and
released on the 28th, also for trying to take back stolen
goods.
——————————- ———————
While Others Gather Undisturbed Outside Harvest House
——————————- ———————
¶13. (U) On March 4, approximately 300 MDC supporters
spontaneously gathered in front of the MDC headquarters,
known as Harvest House, waiting for Prime Minister Morgan
Tsvangirai, who was in the building. PM Tsvangirai briefly
addressed the crowd as he left the building, and the crowd
dispersed peacefully. Embassy staff in the area reported
there were no police or attempts to disrupt the gathering.
(NOTE: Harvest House was raided twice in 2008 by riot police
seeking to remove MDC supporters who had sought refuge there.
END NOTE.)
——-
COMMENT
——-
¶14. (C) Events in the last week represent a mixed bag of
setbacks and advances in the long march towards a freer
Zimbabwe. On the positive side, bail was granted for Jestina
Mukoko, Roy Bennett, and others abducted and incarcerated on
trumped up political charges. In addition, the peaceful
gathering of MDC supporters in front of Harvest House would
have been unimaginable just a few weeks ago. Nonetheless,
recent incidents of police brutality against women, youths,
and innocent bystanders as well as the arrests of dozens of
MDC supporters seeking to take back their property represent
the lawlessness and impunity that have characterized Zimbabwe
for years. Bennett’s continued detention because of a
missing key and a refusal to obey a court order is also
worrisome in that these kinds of silly delays are not unusual
and are easily interpreted as intentional political
maneuvering. Only when these political arrests, beatings,
and delay tactics finally come to a halt can we celebrate a
shift towards freedom and respect for human rights. END
COMMENT.
MCGEE
(30 VIEWS)
