Human rights lawyer Beatrice Mtetwa said the Global Political Agreement would not work as long as Johannes Tomana was attorney-general because he was using his position to erode the rule of law and to politicise certain cases.
Tomana was reported to be pursuing cases against several Movement for Democratic Change politicians and activists including Deputy Prime Minister Arthur Mutambara and Minister of Constitutional and Parliamentary Affairs Eric Matinenga.
He was also pursuing the case of political activist Jestina Mukoko and 14 others.
Full cable:
Viewing cable 09HARARE367, DRAMATIC SETBACK: ZIM ABDUCTEES SENT BACK TO JAIL
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Reference ID |
Created |
Released |
Classification |
Origin |
VZCZCXRO6609
OO RUEHBZ RUEHDU RUEHMR RUEHRN
DE RUEHSB #0367/01 1251523
ZNY CCCCC ZZH
O 051523Z MAY 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4442
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 2801
RUEHDS/AMEMBASSY ADDIS ABABA 2922
RUEHRL/AMEMBASSY BERLIN 1365
RUEHBY/AMEMBASSY CANBERRA 2185
RUEHDK/AMEMBASSY DAKAR 2550
RUEHKM/AMEMBASSY KAMPALA 2970
RUEHNR/AMEMBASSY NAIROBI 5411
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 2094
RHEHAAA/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000367
SIPDIS
AF/S FOR B. WALCH
DRL FOR N. WILETT
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS
STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR
E.O. 12958: DECL: 05/05/2019
TAGS: ASEC KDEM PGOV PHUM PREL ZI
SUBJECT: DRAMATIC SETBACK: ZIM ABDUCTEES SENT BACK TO JAIL
REF: A. HARARE 332
¶B. HARARE 283
¶C. HARARE 218
¶D. HARARE 29
Classified By: Charge d’Affaires Katherine Dhanani for reason 1.4 (d).
——-
SUMMARY
——-
¶1. (C) On May 5, Magistrate Catherine Chimwanda remanded 15
individuals, including prominent human rights activist
Jestina Mukoko, to prison pending their trials, which are
currently scheduled for June and July 2009. Mukoko and others
were abducted between October and December 2008, tortured,
accused of crimes including terrorism, and were subsequently
released over a period of several months. On May 4, the
Attorney General’s office formally charged the 15 and asked
the court to revoke bail previously granted, in contravention
of the political agreement between the three major political
parties, Attorney General Johannes Tomana, and the Joint
Monitoring and Implementation Committee (JOMIC) that secured
their release within the last several months. Defense
lawyers believed the abductees’ remand was ordered by Tomana
in an attempt to undermine the transitional government. END
SUMMARY.
————————————–
Formal Charges Lead to Bail Revocation
————————————–
¶2. (U) During a routine remand hearing on May 4, 15
individuals previously abducted and detained (ref D) — and
released on bail during the last several months — were
indicted for various crimes, including recruiting armed
insurgents and bombing police stations. (NOTE: Contrary to
press reports, Zimbabwe Lawyers for Human Rights informed us
that the number of individuals in question was 15 rather than
18 as reported in the news media. END NOTE.) During the
proceeding, Magistrate Catherine Chimwanda heard arguments
from the Attorney General’s office to revoke bail of all 15
individuals. (NOTE: Under normal court procedure in
Zimbabwe, bail is automatically revoked upon indictment, and
defendants must re-apply for bail. END NOTE.) Defense
attorneys for Mukoko and the others argued that their clients
had been released on bail as a result of a political
agreement between the Attorney General’s office and JOMIC
with the understanding they would remain at liberty until the
conclusion of their trials. Defense lawyers had previously
confirmed this arrangement verbally with Mr. Tokwe of the
Attorney General’s office and asked for time to present
witnesses from JOMIC and Mr. Tokwe to testify to the
arrangement. Magistrate Chimwanda agreed to continue the
hearing to May 5.
¶3. (U) On May 5, Magistrate Chimwanda ruled that she did not
have the jurisdiction to consider the issue of bail and that
the case should be referred to the High Court. She also
refused to postpone the hearing, as she had indicated on May
4 she would do, to allow Mr. Tokwe or members of JOMIC to
testify. (NOTE: No one from JOMIC was present, as its
members were either in the weekly Cabinet meeting or out of
the country. END NOTE.) She read a carefully worded
Qthe country. END NOTE.) She read a carefully worded
statement that she had the jurisdiction to detain the group
in state custody until their trial dates in June and July
(ref A). Immediately after reading her decision, police
escorted the 12 detainees present to the court’s holding
cells. Three of the accused, journalist Shadreck Manyere,
Chris Dhlamini and Ghandi Mudzingwa, remain in Avenues Clinic
where they continue to receive care for injuries sustained
during their detention.
HARARE 00000367 002 OF 002
¶4. (C) Lawyers familiar with Chimwanda said she is normally a
balanced and fair magistrate, but she did “not appear to be
herself,” according to lawyer Beatrice Mtetwa. Another
lawyer, Otto Saki, told us that May 5’s short proceeding and
the script she read were highly unusual; he did not believe
she had written the judgment herself.
——————————————— —-
“Agreement will not work as long as Tomana is AG”
——————————————— —-
¶5. (C) Before the hearing on May 5, Mtetwa told us that
Tomana continues to pursue cases against Deputy Prime
Minister Arthur Mutambara, Constitution and Parliamentary
Affairs Minister Eric Matinenga, and other MDC leaders.
Mtetwa believes the Attorney General is using his position to
erode the rule of law and to politicize certain cases, like
Mukoko’s. Mtetwa informed us that a contact in the AG’s
office told her yesterday that Tomana continues to pursue a
contempt of court case against her, following her involvement
in defending Roy Bennett, the MDC nominee for Deputy
Agriculture Minister (ref C). Mtetwa and other lawyers are
increasingly pessimistic about Zimbabwe’s immediate political
future. Mtetwa opined the “agreement will not work as long
as Tomana is Attorney General.”
¶6. (SBU) The detainees’ lawyers filed bail applications in
the High Court on May 5, which are scheduled to be heard on
May 7.
————————–
Media Conference Postponed
————————–
¶7. (U) The Media Alliance of Zimbabwe (MAZ), a consortium of
media-related civil society organizations, issued a press
release announcing its members are pulling out of the May 6-9
All Stakeholders Media Conference scheduled to take place in
Kariba. MAZ based its decision on the court proceedings and
re-detention of Mukoko and Manyere, which it described as “an
apparent abuse of the judicial process which undermines the
spirit and letter of the Global Political Agreement.” With
the boycott of important civil society groups, Deputy
Minister of Information Jameson Timba (MDC-M) announced
today that he will postpone the conference.
——-
COMMENT
——-
¶8. (C) Attorney General Tomana, under the Zimbabwean
constitution, enjoys an independent status that makes his
removal, except on grounds of malfeasance, all but
impossible. The Attorney General’s action in these cases
demonstrates that his continued presence as Attorney General
is a major obstacle to reestablishment of te rule of law and
to efforts to build trust or begin reconciliation between
ZANU-PF, its partners in government and civil society. END
COMMENT.
DHANANI
(16 VIEWS)
