Britain was considering adding state prosecutor Florence Ziyambi on the European Union sanctions list because she appeared to be the favourite for prosecuting high profile political cases.
Ziyambi was the prosecutor in Movement for Democratic Change secretary Tendai Biti’s treason case.
She was also the prosecutor in the case of detained MDC activists including human rights activist Jestina Mukoko.
The British embassy was reportedly holding off adding her to the sanctions list because one could argue that she was simply “doing her job.”
They were, however, investigating other allegations that she had corroborated with police to produce weak or fabricated evidence which might still land her on the EU list.
Full cable:
Viewing cable 09HARARE115, POLITICAL REPRESSION UPDATE
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|
Reference ID |
Created |
Released |
Classification |
Origin |
VZCZCXRO6502
OO RUEHBZ RUEHDU RUEHMR RUEHRN
DE RUEHSB #0115/01 0431603
ZNY CCCCC ZZH
O 121603Z FEB 09 ZDS PER SVC RUEHSD #0064
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4034
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 2624
RUEHDS/AMEMBASSY ADDIS ABABA 2746
RUEHRL/AMEMBASSY BERLIN 1223
RUEHBY/AMEMBASSY CANBERRA 2015
RUEHDK/AMEMBASSY DAKAR 2371
RUEHKM/AMEMBASSY KAMPALA 2795
RUEHNR/AMEMBASSY NAIROBI 5223
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 1916
RHEHAAA/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000115
C O R R E C T E D C O P Y (PARAGRAPH NUMBERS)
SIPDIS
AF/S FOR B. WALCH
DRL FOR N. WILETT
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS
STATE PASS TO USAID FOR E. LOKEN AND L. DOBBINS
E.O. 12958: DECL: 11/18/2018
TAGS: PGOV PREL ASEC PHUM KDEM ZI
SUBJECT: POLITICAL REPRESSION UPDATE
REF: A. HARARE 73
¶B. HARARE 60
¶C. HARARE 29
HARARE 00000115 001.2 OF 003
Classified By: Ambassador James D. McGee for reason 1.4(d).
——-
SUMMARY
——-
¶1. (SBU) Even after Morgan Tsvangirai’s inauguration as Prime
Minister, political detainees including Jestina Mukoko and
approximately 29 others remain in State custody.
Encouragingly, on February 13 some were allowed access to a
private medical facility and Prime Minister Tsvangirai
attempted to visit abductees held at Chikurubi Maxium
Security prison. During a protest organized by Women of
Zimbabwe Arise (WOZA) on February 10, police arrested eight
women and two lawyers who were nearby. Three were beaten by
an officer and all were released on bail on February 13. MDC
officials continue to face threats of arrest on unknown
charges and the USAID employee charged with shooting Air
Marshall Perence Shiri remains in custody. END SUMMARY.
——————————————— ————–
Political Detainees Still in Custody, Denied Medical Access
——————————————— ————–
¶2. (U) At least eight detainees were taken to Avenues Clinic,
a private hospital, on Friday February 6, in compliance with
multiple court orders calling on police and prison services
to grant them access to the private facility, a doctor of
their own choosing, and “whatever treatment is necessary.”
While two doctors examined and treated the group, prison
officials arrived at the prison and took them back to
Chikurubi Maximum Security Prison, against their doctors,
wishes. According to the doctors, several, including
72-year-old Fidelis Chiramba, require immediate medical
attention and hospitalization.
¶3. (SBU) In a court hearing on Monday February 9, the State
requested and was granted until Wednesday February 11 to
verify the detainees’ medical condition. In the same ruling,
Magistrate Gloria Takundwa also reiterated previous court
orders granting the detainees immediate access to whatever
medical care is deemed necessary at Avenues Clinic. On
Wednesday February 11, despite having had two days to
“verify” the detainees’ medical condition, Prosecutor
Florence Ziyambi said the state needed time to provide its
own medical practitioner, as the other doctors may have been
“biased.” Magistrate Takundwa denied Ziyambi’s request and
issued a new court order stating Jestina Mukoko, Fidelis
Chiramba, and three others should be immediately released
into the custody of a well-equipped hospital.
¶4. (C) (NOTE: Ziyambi is the State,s preferred prosecutor in
highly political cases. She has prosecuted Tendai Biti, WOZA
leaders, and other high profile political cases. Our
colleagues at the British embassy tell us they have discussed
adding her to the EU sanctions list, but are holding off
since one could argue she is simply “doing her job.” They
are investigating other allegations that she has corroborated
Qare investigating other allegations that she has corroborated
with police to produce weak or fabricated evidence which may
still land her on the EU list. END NOTE)
¶5. (U) Of the 32 persons abducted between late October and
mid-December, only three have been released to date:
two-year-old Nigel Mutemagau, Tawanda Bvumo, and Pascal
Gonzo. Another, Bothwell Pasapamire, escaped detention to
South Africa. Lawyers estimate 10 are still missing, and the
other 18 remain in custody.
¶6. (U) The next scheduled court hearing is February 16 to
review bail of the seven accused bombers (ref C). That group
HARARE 00000115 002.2 OF 003
includes Ghandi Mudzingwa, Tsvangirai’s former security
chief. (NOTE: This week Tsvangirai nominated Mudzingwa’s
father, Tichaona Mudzingwa, for Deputy Minister of Defense.
He is the only high-level MDC official that was in court on
either February 9 or 11. END NOTE.)
——————————
PM Tsvangirai visits Chikurubi
——————————
¶7. (SBU) On the afternoon of February 13, Tsvangirai visited
Chikurubi Maximum Security prison, where abductees are being
held, to observe prison conditions.
———————————
AID Driver’s Bail Hearing Delayed
———————————
¶8. (SBU) USAID Driver Frank Muchirahondo, who faces charges
of shooting Air Marshall Perence Shiri (refs A and B), was
scheduled to appear in the High Court on February 13 for a
bail hearing. His hearing was moved to February 19, as no one
could locate the prosecutor in the case. USAID staff
continue to visit Muchirahondo on a daily basis.
——————————————— —-
WOZA Women and Lawyers Arrested, Beaten, Released
——————————————— —-
¶9. (U) On Tuesday February 10, WOZA led their annual
Valentine,s Day protest march through the streets of Harare
under the theme “let love light the way.” The 600 women in
the march passed out roses and Valentine’s Day cards to
police and bystanders as they marched to the Parliament
building. During the march, eight WOZA protesters and two
human rights lawyers on the sidewalk near the march —
Tawanda Zhuwarara and Rose Hanzi — were arrested. The ten
were taken to Harare Central Police Station and thrown into
cells where police denied lawyers access to the group for
over 24 hours. After 48 hours in custody, the group was
released on bail.
¶10. (U) Three of the women were beaten by police in custody.
A pregnant woman was slapped after she refused a
plain-clothes policeman’s order to get into a vehicle because
she did not know he was an officer. Two others were beaten on
the soles of their feet by the same officer. The group of 10
face charges of disturbing the peace and is scheduled to
appear for a hearing on March 4. Separately, Williams and
fellow WOZA leader Magodonga Mahlangu are scheduled to face
trial on February 26 in Bulawayo on different charges of
disturbing the peace during previous WOZA protests in 2004
and 2008.
—————————————
MDC’s Roy Bennet Threatened with Arrest
—————————————
¶11. (C) Roy Bennet, the MDC’s nominee for Deputy Minister of
Agriculture, slept at the German Ambassador’s residence on
the night of February 10, following a tip-off that the police
had a warrant for his arrest. Earlier that evening, police
went to the residence of MDC-T MP Ian Kay and MDC Secretary
for Welfare Kerry Kay to look for him. Bennet plans to
remain in hiding until Friday, when ministers and deputy
Qremain in hiding until Friday, when ministers and deputy
ministers are due to be sworn in. There are reports that a
warrant is also out for the arrest of MDC co-Minister of Home
Affairs Mutsekwa, currently in the US on a Voluntary Visitor
Program.
——-
COMMENT
——-
HARARE 00000115 003.2 OF 003
¶12. (C) Despite pleas from international and regional leaders
(as well as Tsvangirai) to release the abductees, it appears
the State has no intention of giving them up any time soon.
We are encouraged that Tsvangirai chose to visit the prison
on his first day in office, which will help to allay fears
that he and the MDC will forget the detainees. If they
continue to languish in jail for much longer, however, many
will question the ability of the MDC to effectively work with
ZANU-PF officials and to act as an agent for change. The
attempt to arrest Bennet and the arrest and mistreatment of
WOZA members, at the same time Tsvangirai was being
inaugurated, belie good faith on the part of ZANU-PF in
forming part of a government of national unity. END COMMENT.
MCGEE
(55 VIEWS)
