12 October 2009 Edition 016 Tomana dumps alleged abductors HARARE-The Attorney General (AG) by the human rights and political activists. Detective Inspector Mpofu, Chief Superintendent In a Notice of Renunciation of Agency filed Johannes Tomana’s Office last week advised The 17 abductees are suing Kembo Mohadi, Giles Magwenzi and Asher Walter Tapfumaneyi all with the High Court last Friday, the AG’s the High Court and lawyers representing 17 Mutsekwa, Patrick Chinamasa, Didymus Mutasa, senior government and security service chiefs in Office stated that the alleged abductors abductees that it had stopped representing Augustine Chihuri, Paradzai Zimondi, Happyton both their personal and official capacities for the would now be represented by Mutamangira government ministers, senior police officers Bonyongwe, Senior Assistant Commissioner abusive treatment they received as a result of their and Associates. and State security agents who are being sued Nyathi, Chief Superintendent Makedenge, abduction and detention in 2008. PersecutionMUTARE-It will be a hectic week at two The State alleges that Muchadehama and continues of the country’s Magistrates Courts as cases Gambara “unlawfully and intentionally impaired involving Deputy Agriculture Minister- the dignity, reputation or authority of a court or Designate and Movement for Democratic realising that there was real risk or possibility Change (MDC) treasurer Roy Bennett of impairing the dignity, reputation or authority and prominent human rights lawyer Alec of a court” by causing the release of the three Muchadehama commence in Mutare and abductees from prison whilst they were aware of Harare respectively. Justice Bhunu’s judgment in which he granted the State leave to appeal against an earlier bail order by Justice Charles Hungwe. First to stand trial at the Mutare Magistrates Courts on Tuesday will be Bennett who was arrested in In July State prosecutors failed to nail February as he prepared to leave for South Africa Muchadehama on the same contempt of court to join his family in celebrating St Valentine’s charges after Harare Magistrate Munamato Day and his birthday. Bennett will stand trial for Mutevedzi described the performance of allegedly contravening section 10 (1) of Public prosecutors as “nonsense and ineptitude of the Order and Security Act (Chapter11:17). worst type”. Lawyer, Alec Muchadehama Deputy Agriculture Minister-Designate, Roy Bennett The State alleges that the former Chimanimani legislator was found in possession of weapons with an intention to commit sabotage, terrorism, banditry and insurgency. He is also accused of contravening section 25 (1) of the Immigration Act in that he did not present himself to an immigration officer at a port of exit when he prepared to leave for South Africa from Charles World condemns Prince Airport, which was thrown out at the initial remand proceedings. Bennett’s lawyer, Trust Maanda, who is a member of Zimbabwe Lawyers for Human Rights, said if HARARE-An international rights group Broderick Takawira and Andrison Manyere. Article 1, which states that “everyone has the the trial fails to commence on Tuesday he will Zim torture represented in over 100 countries has started a Lawyers say the charges against the abductees right, individually or collectively, to promote apply for the removal of his client from remand campaign against Zimbabwe’s harassment of are trumped up and meant to silence critics as the protection and fulfilment of human rights as the trial would have failed through no fault human rights defenders and continued protection well as mask the State’s excesses in the torture and fundamental freedoms at the national of Bennett. of State agents involved in the abduction and and abduction case. and international levels”, as well as above- torture of activists. mentioned Article 12.2 (the State shall take all Maanda disclosed that the State had not yet The campaign asks the public to write to necessary measures to ensure the protection supplied Bennett with the State papers including The campaign follows a recent Supreme Court Mugabe, Justice and Legal Affairs Minister by the competent authorities of everyone, the State outline, charge sheet, witnesses’ ruling freeing peace advocate, Jestina Mukoko on Patrick Chinamasa, Home Affairs Minister individually and in association with others, statement and any other documents or exhibits treason charges because her rights were infringed Kembo Mohadi, Police Commissioner-General against any violence, threats, retaliation, de that it will rely on in the prosecution of the Deputy while in State captivity. Augustine Chihuri and AG Johannes Tomana, facto or de jure); and Minister-Designate to enable him to prepare his among other senior officials demanding that • Ensure in all circumstances respect for defence in spite of the numerous requests for State security agents abducted and tortured the government: human rights and fundamental freedoms in such papers. Mukoko and over a dozen other political and accordance with international human rights • rights activists between October and December Guarantees in all circumstances the physical standards and international instruments ratified In Harare, Muchadehama, a human rights last year before charging them with terrorism and psychological integrity of Mukoko as well by Zimbabwe. lawyer who has successfully represented several and banditry. as of all human rights defenders • The Observatory for the Protection of Human in Zimbabwe; human rights activists including victims of State Rights Defenders is a joint programme of the Launched under the banner of the Observatory • Put an end to any kind of harassment, sponsored abduction and torture will stand trial International Federation for Human Rights for the Protection of Human Rights Defenders including at the judicial level, against Takawira on Wednesday for alleged contempt of court. (FIDH) and the World Organisation Against (OPHRD), the campaign involves asking human and Manyere as well as against all human Torture (OMCT) established in 1997 to act rights defenders and the public to write directly to rights defenders in Zimbabwe; against repression. Over 155 human rights Muchadehama, who is jointly charged with President Robert Mugabe asking him to free the • Order an immediate, thorough and impartial Constance Gambara, the clerk of High Court other abductees and punish State agents involved investigation into the organisations in nearly 100 countries are Judge Chinembiri Bhunu is accused of causing the in the kidnappings. above-mentioned allegations of torture and affiliated to the FIDH and OMCT. Both FIDH illegal release from Chikurubi Maximum Prison ill-treatment, in order to identify all those and OMCT have consultative or observer of freelance photo-journalist Andrison Manyere Because the Supreme Court ruling only freed responsible, bring them before a competent status with several international bodies, and two senior Movement for Democratic Change Mukoko, the campaign wants to keep spotlight on and impartial tribunal and apply to them the including the Economic and Social Council (MDC) officials Kisimusi Dhlamini, the party’s the peace advocate’s fellow abductees who still penal sanctions provided by the law; in the UN, UNESCO, the Council of Europe, director of security and Gandhi Mudzingwa, the face life imprisonment for the treason charges. • Conform with the provisions of the UN African Commission on Human and Peoples’ Principal Director Infrastructure Cluster, in the Some of the abductees whom the Attorney Declaration on Human Rights Defenders, Rights, the Organisation Internationale de la Prime Minister’s Office in April. The three were General (AG) has said will continue prosecuting adopted by the General Assembly of the United Francophonie, and the International Labour Organisation. being detained following their abduction by State despite Mukoko’s landmark court victory are Nations on December 9, 1998, especially its security agents late last year. 12 October 2009 Police quiz Dhlamini over killings dossier HARARE-Lawyers have described as absurd the hostile interrogation of The MDC, through Dhlamini, recently submitted a dossier with details of Movement for Democratic Change (MDC) director of security Kisimusi alleged murders of its supporters and officials in military led pre and post Dhlamini over evidence of election killings he submitted to the Attorney 2008 election violence. Dhlamini requested the AG to take action on the basis General (AG)’s Office. of the information he supplied. Police from the dreaded Law and Order Section at the Harare Central Police “He (Dhlamini) was interviewed extensively on the document. They asked Station quizzed Dhlamini for six hours last week, and indicated that they him how the document had been circulated on the internet and we were very were unhappy about the circulation of a dossier detailing how people were clear that although he indeed handed the dossier to the AG’s office, he didn’t murdered for supporting the MDC. circulate the document on the internet,” said Makoni. Andrew Makoni, chairman of Zimbabwe Lawyers for Human Rights (ZLHR), The MDC alleges that more than 100 of its supporters were killed and thousands more displaced between April and December 2008 when soldiers said it was disturbing that police chose to intimidate Dhlamini instead of and militia loyal to ZANU PF waged a brutal presidential election runoff investigating those exposed by the document as responsible for the political campaign on behalf of President