At least 14 Movement for Democratic Change and civic activists were expected to spend the 2008 Christmas in jail or police cells, but what was more astonishing was that police were either refusing that they were detaining them or denying access to them.
The Zimbabwe Human Rights Lawyers Association said the this was in defiance of various court orders to the Ministry of Home Affairs and the Police Commissioner Augustine Chihuri to “all things necessary to determine their whereabouts” and to “dispatch a team of detectives to work closely and in conjunction with lawyers appointed by Zimbabwe Lawyers for Human Rights, to search (for all people) at such places as may be within their jurisdiction in terms of the Police Act”.
ZLHR confirmed the location of the following detainees:
- Jestina Mukoko (ZPP Executive Director)
- Broderick Takawira (ZPP Provincial Coordinator for Harare and Mashonaland East)
- Pascal Gonzo (ZPP driver)
- Concillia Chinhanzvana (MDC MP candidate for Zvimba South, MDC Mashonaland West Women’s Assembly provincial chairperson, and MDC National Council Member)
- Emmanuel Chinhanzvana (Ward 25 Councillor in Zvimba South, married to Concillia Chinhanzvana)
- Pieta Kaseke (Affiliation unclear)
- Gandhi Mudzingwa (Former personal assistant to Morgan Tsvangirai)
- Zachariah Nkomo (Brother of human rights lawyer Harrison Nkomo)
- Mapfumo Garutsa (Affiliation unclear)
- Regis Mujeyi (Affiliation unclear)
- Violet Mupfuranhehwe (wife of MDC Zvimba South Youth Chairperson,
- Collen Mutemagawo, who was also abducted and is still unaccounted for)
Full cable:
Viewing cable 08HARARE1138, MDC, ZPP DETAINEES TO GET CHRISTMAS EVE COURT
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Reference ID |
Created |
Released |
Classification |
Origin |
VZCZCXRO4591
OO RUEHDU RUEHMR RUEHRN
DE RUEHSB #1138/01 3591216
ZNY CCCCC ZZH
O 241216Z DEC 08
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3858
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 2512
RUEHDS/AMEMBASSY ADDIS ABABA 2635
RUEHRL/AMEMBASSY BERLIN 1128
RUEHBY/AMEMBASSY CANBERRA 1904
RUEHDK/AMEMBASSY DAKAR 2259
RUEHKM/AMEMBASSY KAMPALA 2684
RUEHNR/AMEMBASSY NAIROBI 5112
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 1791
RHEHAAA/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 HARARE 001138
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
STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR B. PITTMAN
E.O. 12958: DECL: 12/24/2018
TAGS: PGOV PREL ASEC PHUM KDEM ZI
SUBJECT: MDC, ZPP DETAINEES TO GET CHRISTMAS EVE COURT
APPEARANCES
REF: HARARE 1100
Classified By: Charge Katherine Dhanani for reason 1.4(d).
——
SUMMARY
——-
¶1. (SBU) After weeks of repeated public denials by the GOZ
that dozens of MDC and civil society leaders were in state
custody, lawyers learned on the afternoon of December 23 that
numerous abductees were in police stations around Harare.
After hours of searching individual police stations, lawyers
confirmed the locations in Harare police stations of 14
individuals who had recently been subjected to enforced
disappearances by the state. The government mouthpiece, The
Herald, reported on December 24 that Jestina Mukoko, Director
of the Zimbabwe Peace Project and 13 others will face charges
of recruiting people for military training in an effort to
overthrow the current government. In a press and diplomatic
briefing by lawyers on the morning of the 24th, lawyers
reported that the police continued to be uncooperative and
refused to tell them of the charges their clients faced.
Lawyers continue to be denied access to the abductees and
have not been allowed to give them food. The group of 14 is
scheduled to appear in court to be charged on the afternoon
of December 24. END SUMMARY.
——————————————— —————–
Police Uncooperative, in Direct Violation of High Court Orders
——————————————— —————–
¶2. (U) To date, at least two dozen MDC members and civil
society leaders have been abducted since October 30 (reftel).
Lawyers affiliated with Zimbabwe Lawyers for Human Rights
(ZLHR) have sought detainees at police stations and have
obtained numerous petitions from the High Court in recent
weeks ordering police to do everything possible to locate the
abductees. One court order states, in part, that police
should do “all things necessary to determine their
whereabouts” and to “dispatch a team of detectives to work
closely and in conjunction with lawyers appointed by Zimbabwe
Lawyers for Human Rights, to search (for all people) at such
places as may be within their jurisdiction in terms of the
Police Act.” These court orders were directed to the Ministry
of Home Affairs and the Commissioner General of Police, who
should have directed their subordinates to act. Police have
denied holding them or having any knowledge of their
abductions. On December 23, ZLHR began to receive
information that some of the abductees were in Harare police
stations. Lawyers searched numerous Harare police stations
that afternoon and found 14 abductees, including two they did
not know had been abducted, in eight different Harare police
stations. In a press and diplomatic briefing on December 24,
ZLHR Director Irene Petras said that they strongly believe
more abductees are in police custody, in direct contravention
of the High Court orders.
¶3. (SBU) ZLHR board member and long-time human rights lawyer
Beatrice Mtetwa, who is also representing Jestina Mukoko,
detailed a series of encounters with police in which they
refused to allow the lawyers to see the log books of
detainees in the jails, refused to meet with her and other
lawyers regarding these cases, and were uncooperative,
despite the court orders. At the Mabelreign police station
on December 23, the superintendent confirmed he had two of
the detainees in his custody, but said no one could see them
without permission from a superior officer. In addition, one
member of civil society told us that she gave one off-duty
policeman a ride on December 24 who confessed that others are
HARARE 00001138 002 OF 003
in jail but police are under strict orders to not reveal
their whereabouts. ZLHR further detailed that the operation
has been led by Chief Superintendent Magwenzi along with
other police officers from the Law and Order section.
Magwenzi conceded to lawyers on December 23 that he is the
investigating officer in these cases and has all missing
persons in his custody. He told lawyers that the two
detainees at Mabelreign had been moved, but refused to say
where they were or when lawyers could see them. He went on
to say he was unaware that any high court order regarding the
detainees existed. (NOTE: In response to the court order
regarding Mukoko, lawyers have placed numerous, full-page ads
with her photo in Zimbabwean newspapers, including The
Herald. END NOTE.) ZLHR is again filing an urgent High
Court application on December 24 directing police to bring
all detained persons before a court of law, to grant them
access to legal and medical services, and to release them as
a result of the unlawful treatment they have endured.
¶4. (U) ZLHR laid out six points of concern in connection
with the abductions: (1) the continued trend of separating
detained people in various police stations, hindering their
legal access, (2) police contempt of at least six High Court
orders in connection with these cases, (3) unlawful search
and seizure of property without search warrants, (4) the now
commonplace practice of denying detainees access to food,
medical care, and their lawyers despite clear constitutional
protective provisions, (5) the failure or refusal of the
investigative officer and other police officials to disclose
charges against these individuals and to allow lawyers to
meet with their clients before they are brought to court, and
(6) the continued breach of the September 15 agreement that
called on all political parties to ensure security and
fundamental rights and freedoms.
¶5. (U) As of 10:30 on the morning of December 24, lawyers
were still unaware of the charges facing their clients.
Mtetwa said that she also had read in The Herald that the
detainees would face charges of recruiting people to undergo
military training to overthrow the government. She also said
that in one police station, an empathetic officer allowed
them to see the log book of detainees — against orders from
his superiors — which showed some are due to face charges
under sections 23 and 24 of the Criminal Code, which deal
with banditry and conspiring to commit banditry. Lawyers
argue that all of the detainees should be released because
they were arrested and have been held unlawfully.
¶6. (U) ZLHR has confirmed the location of the following
detainees:
Jestina Mukoko (ZPP Executive Director)
Broderick Takawira (ZPP Provincial Coordinator for Harare and
Mashonaland East)
Pascal Gonzo (ZPP driver)
Concillia Chinhanzvana (MDC MP candidate for Zvimba South,
MDC Mashonaland West Women’s Assembly provincial chairperson,
and MDC National Council Member)
Emmanuel Chinhanzvana (Ward 25 Councilor in Zvimba South,
married to Concillia Chinhanzvana)
Pieta Kaseske (Affiliation unclear)
Gandhi Mudzingwa (Former personal assistant to Morgan
Tsvangirai)
Zachariah Nkomo (Brother of human rights lawyer Harrison
Nkomo)
Mapfumo Garutsa (Affiliation unclear)
Regis Mujeyi (Affiliation unclear)
Violet Mupfuranhehwe (wife of MDC Zvimba South Youth
Chairperson, Collen Mutemagawo, who was also abducted and is
still unaccounted for)
HARARE 00001138 003 OF 003
Nigel Mutemagawo (Two-year-old son of Violet Mupfuranhehwe
and Collen Mutemagawo)
Mr. Makwezadzimba (Affiliation unclear, first name not known)
——————————————— ————
Detainees Appear at Court in South African Plated Vehicle
——————————————— ————
¶7. (C) Mtetwa told us that after the press briefing, she and
other lawyers “stalked” the police stations in an effort to
find their clients and determine when they would be brought
to court. When they saw several of the abductees being taken
to vehicles, they went to the magistrates courts and found
some of their clients. Strangely, five detainees were
brought to court by police in a red Volkswagen van bearing
South African license plates (HNL-223-GP). Mtetwa told us
she had already reported the license plate to the South
African embassy to check if it is a real license plate or
not. Usually detainees are brought to court with armed
guards traveling in a separate vehicle. However, in this
case, three armed police were in the van with them. Members
from the press and diplomatic corps were on hand to see them
and the South African plated vehicle. When the detainees
were paraded out of the vehicle in front of the press, they
appeared exhausted and disheveled, but did not show outward
signs of physical abuse. Even when the detainees were
brought into the court’s holding cells, lawyers were still
not allowed to see their clients. As of noon, only nine of
those charged had been brought to court; they are scheduled
to appear in court at 2:15 on December 24.
——-
COMMENT
——-
¶8. (C) Even in Zimbabwe, where the entire judicial and law
enforcement system has become increasingly corrupt, Mtetwa
told us she had “never seen something like this before.” The
Mugabe regime has shown complete disregard for the rule of
law by holding Zimbabwean citizens incommunicado for almost
two months, ignoring their constitutional rights and showing
blatant contempt for court orders. It has been known for
weeks that coerced testimony from some of these abductees was
the centerpiece of the case the regime made to SADC outlining
trumped up accusations of MDC military training in Botswana.
Although they remain in grave jeopardy from the corrupt
Zimbabwean justice system, the abductees’ surfacing is
generally regard as good news. Those facing charges are
alive, and we continue to hope the others will be located
quickly. END COMMENT.
DHANANI
(27 VIEWS)
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