Harare magistrate Gloria Takundwa ruled that Jestina Mukoko and FidelisChiramba should remain at Avenues Clinic for examination and treatment until both the prison doctor and their own doctors deemed them fit to return to Chikurubi prison.
Mukoko, Chiramba, and Ghandi Mudzingwa had been taken to Avenues, treated for several hours, and then taken back to Chikurubi by prison officials. The officials, however, relented and allowed the three to return to Avenues where they were admitted.
Takundwa insisted on visiting Mukoko and Chiramba at Avenues Clinic, together with lawyers for both sides.
Prosecutor Florence Ziyambi said the State was not prepared for the hearing because they had not yet received opinions from all medical experts but Takundwa refused to delay the hearing.
Full cable:
Viewing cable 09HARARE130, ZANU-PF HARDLINERS USE ARRESTS TO MAINTAIN PRESSURE
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|
Reference ID |
Created |
Classification |
Origin |
VZCZCXRO4998
OO RUEHBZ RUEHDU RUEHMR RUEHRN
DE RUEHSB #0130/01 0490539
ZNY CCCCC ZZH
O 180539Z FEB 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4054
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 2638
RUEHDS/AMEMBASSY ADDIS ABABA 2760
RUEHRL/AMEMBASSY BERLIN 1237
RUEHBY/AMEMBASSY CANBERRA 2029
RUEHDK/AMEMBASSY DAKAR 2385
RUEHKM/AMEMBASSY KAMPALA 2809
RUEHNR/AMEMBASSY NAIROBI 5237
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 1930
RHEHAAA/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000130
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: 02/17/2018
TAGS: PGOV PREL ASEC PHUM KDEM ZI
SUBJECT: ZANU-PF HARDLINERS USE ARRESTS TO MAINTAIN PRESSURE
REF: A. HARARE 115
¶B. 08 HARARE 1147
Classified By: Ambassador James D. McGee for reason 1.4(b) and (d).
——-
SUMMARY
——-
¶1. (C) On Friday Feburary 13, MDC Treasurer and nominee for
Deputy Minister of Agriculture, Roy Bennett, was arrested at
an airport outside Harare and taken in a high speed getaway
to the eastern city of Mutare. Although lawyers were assured
he would be brought to court on Monday February 16, the
hearing was delayed while hundreds of MDC supporters
maintained a 24-hour vigil outside the courthouse and
adjoining jail where Bennett continues to be held. In other
court cases on the 13th and 16th for abduction victims, the
State continued its attempts to deny abductees medical care
and to delay hearings and a trial date. ZANU-PF hardliners
may be using continued arrests and intimidation as a
bargaining chip to secure amnesty for human rights abuses.
END SUMMARY.
—————————
Details of Bennett’s Arrest
—————————
¶2. (U) On the afternoon of February 13, Bennett and a group
of friends were in a small plane, cleared for takeoff at
Prince Charles Airport, a small airport just outside Harare,
when the control tower told the plane to return to the
terminal. Bennett, the MDC’s treasurer and nominee for
Deputy Minister of Agriculture had recently openly returned
from South Africa where he was in self-imposed exile after
fleeing in 2006 when police wanted to question him in
connection with an arms cache. The arms cache was discovered
in 2006 at the home of friend and colleague Peter Hitschman.
The state alleged that Bennett and Peter Hitschman conspired
to use the arms (found at Hitschman’s Mutare home) to destroy
a government communications tower. Hitschman faced trial and
was found not guilty of the insurgency charge but was found
guilty of possessing weapons without a license. Hitschman
remains in the Mutare remand prison, where MDC supporters
contine to bring him food on a daily basis, and is due to be
released in June 2009. Bennett had gone into hiding in
Harare after learning there was a warrant for his arrest
based on the 2006 charges and was en route back to South
Africa. He was planning to return to Harare for his
swearing-in.
¶3. (C) After the plane returned to the terminal, Bennett was
taken to Goromonzi police station (near Harare) and charged
with treason. He was then driven at high speed towards
Mutare. A strong network of MDC supporters followed the
truck he was in to the Mutare police station. (NOTE:
Witnesses told us police later took off the civilian license
plates, revealing a Ministry of Lands license plate
underneath – indicating the vehicle originated from the
Reserve Bank. END NOTE.)
¶4. (U) According to Zimbabwean law, an accused person must be
brought to court to face charges and be granted the
opportunity to apply for bail within 48 hours of arrest, or
96 hours over the weekend. Bennett’s team of lawyers was
Q96 hours over the weekend Bennett’s team of lawyers was
assured he would appear in court on the morning of Monday
February 16 at 10:00 a.m. A group of diplomats (American,
German, Dutch, and European Commission) went to Mutare for
the hearing and found hundreds of well-wishers and numerous
journalists on the sidewalk in front of the courthouse.
Mid-morning, the State was granted a warrant for 48
additional hours’ detention. Local police officials informed
HARARE 00000130 002 OF 003
Bennett’s lawyers that a prosecutor from Harare (presumably
Florence Ziyambi, the GOZ’s lead prosecutor) was coming to
present the State’s argument. Despite the fact that Bennett
was not brought to court on Monday, the local prosecutor
informed his attorneys that the State was changing the
charges from treason to attempting to commit acts of
insurgency, banditry, sabotage, or terrorism.
¶5. (SBU) On Tuesday, Bennett appeared in court in Mutare and
was charged with banditry and violating the immigration act
by leaving and returning to the country illegally. The
hearing continued for several hours in the afternoon. (NOTE:
We will provide an update with details from the afternoon
portion when the hearing is over. END NOTE)
———————————–
MDC Manicaland Organizes Supporters
———————————–
¶6. (C) When Bennett arrived at the Mutare police station on
Friday evening, a crowd of approximately 200 MDC supporters
gathered outside the station. Word quickly spread that they
planned on moving Bennett to a secret location. When the
truck that had brought Bennett to Mutare began to leave the
station, the singing crowd moved to block it. Police, who
included reinforcements brought from nearby Birchenough
Bridge and Harare, forced the crowd back. Several MDC
supporters told us that the Mutare officers held batons
threateningly while imploring in peaceful whispers “please
back up” — while supervising officers from Harare looked on
from a distance. The MDC believed that reinforcements were
brought in because police knew the Mutare officers would not
act violently against their fellow citizens. The officers
from Birchenough Bridge brought three German Shepherd dogs —
usually used to control diamond diggers in Chiadzwa — to
control the crowd. One person was bitten by one of the dogs,
but MDC supporters beat the officer and stole his tear gas
canisters from his belt. Another MDC supporter was badly
beaten. In retaliation, MDC supporters broke windows at
several ZANU-PF affiliated businesses in downtown Mutare. On
Monday, the security presence around the courthouse and jail
remained high; police also drove in two water cannon trucks
from Harare which were conspicuously driven past the
courthouse during the day.
¶7. (U) On Saturday, 10 MDC supporters who participated in the
Friday protest were arrested, including the man bitten by the
dog. They remain in custody.
¶8. (SBU) Since Bennett’s arrest, hundreds of MDC supporters
have gathered outside the court in a calm 24-hour vigil.
Throughout the day on Monday, Mutare’s Mayor Brian James and
several MPs and Senators from Manicaland stayed at the
courthouse, sharing information with lawyers, diplomats,
journalists, and MDC supporters. The attention, organization
and massive support from both high-level MDC officials and
average citizens stood in stark contrast to the abduction
cases in Harare; very few senior-level MDC supporters have
Qcases in Harare; very few senior-level MDC supporters have
attended any of the numerous court hearings since 18
abductees appeared in Harare jails on December 23. On Monday,
Mayor James took the unusual step of arranging for someone to
bring food to the courthouse to feed police, who had not
eaten and were only paid $37 trillion last month — less than
USD1.
————————————-
Abductee Update: No Closer to Release
————————————-
¶9. (C) Separately, on Friday February 13 Magistrate Gloria
Takundwa ruled in Harare that Jestina Mukoko and Fidelis
Chiramba should remain at Avenues Clinic for examination and
HARARE 00000130 003 OF 003
treatment until both the prison doctor and their own doctors
have deemed them fit to return to Chikurubi prison. Their
continued detention will be reviewed again on February 27.
Mukoko, Chiramba, and Ghandi Mudzingwa (whose medical orders
were issued by the High Court) were taken to Avenues mid-day
Thursday February 12, treated for several hours, and then
taken back to Chikurubi by prison officials (ref A). Late on
the night of the 12th, prison officials relented and allowed
the three to return to Avenues where they were admitted and
remain.
¶10. (U) In the Friday hearing, Takundwa took the unusual step
of insisting on visiting Mukoko and Chiramba at Avenues
Clinic, together with lawyers for both sides. Initially,
prosecutor Florence Ziyambi said the State was not prepared
for the hearing because they had not yet received opinions
from all medical experts. Takundwa, however, refused to
delay the hearing.
¶11. (U) After returning from the hospital, the State called
one witness, Dr. Makadza, the doctor from Chikurubi prison.
Dr. Makadza told the court that he believed Mukoko and
Chiramba should remain in hospital for at least one week for
tests and treatment. He explained that Chiramba has severe
high blood pressure that he could not control with
medication, congestive heart failure, and renal failure. He
also told the court that Mukoko suffered from a high
temperature from an undetermined cause, high blood pressure,
high blood sugar, and thrombophlebitis — injury-induced
swelling on the soles of her feet (NOTE: These injuries were
likely caused when Mukoko was tortured by state agents in
mid-December (ref B). END NOTE.). Prosecutor Florence Ziyambi
attempted to contest the evidence and opinions set forth by
Dr. Makadza and requested additional time to call another
doctor who was “unavailable” at the time. Takundwa refused.
¶12. (C) On Monday, the seven men accused of bombing police
stations (Chris Dhlamini and others) were due to appear for a
bail hearing. The State requested a postponement of the
earing, as the prison did not have fuel to bring the
prisoners. Magistrate Takundwa deferred the hearing to
February 18, but told the State to ensure the prisoners were
present.
——-
COMMENT
——-
¶13. (C) Bennett’s arrest and the State’s continued use of
delay tactics with respect to the abductees continue to
frustrate hopes for the unity government. It is not yet
clear whether Mugabe ordered or acquiesced in Bennett’s
arrest or whether hardliners, including security chiefs, and
Emmerson Mnangagwa, are going around Mugabe to attempt to
sabotage the government through refusing to release detainees
and actions such as the arrest of Bennett. END COMMENT.
MCGEE
(19 VIEWS)
