There were 113 cases of torture recorded for the month of June, while political discrimination, violations of freedom of expression and assaults remained widespread, according to the Zimbabwean Human Rights NGO Forum's Political Violence Report for June. "Since the Human Rights Forum began documenting and publishing politically related human rights violations in 2000, there has been a sustained level of organised violence and torture, peaking at periods surrounding elections, public marches and demonstrations.”
POLITICAL VIOLENCE REPORT
JUNE 2003
17 July 2003
A report by the Zimbabwe Human Rights NGO Forum
OVERVIEW
Since the Human Rights Forum began documenting and publishing politically related human rights violations in 2000, there has been a sustained level of organised violence and torture, peaking at periods surrounding elections, public marches and demonstrations. In particular, marches and demonstrations have been followed by state-sponsored retribution upon citizens. The latter is of concern to the Human Rights Forum as it appears to be an attempt by the state to subvert any public attempts at exercising rights to freedom of expression. This particularly characterises the bulk of the violations recorded in the month of June.
Much controversy surrounded the mass action called for by the Movement for Democratic Change (MDC) from 2 to 6 June 2003. The MDC claimed that the mass action, dubbed the ‘final push’, was an effort by the opposition party to coerce the government to agree to inter-party talks. While attempts were made to demonstrate peacefully, allegations of violence perpetrated by both the MDC and ZANU PF surfaced. Peaceful demonstrations were disrupted and participants arrested on the basis that the demonstrations had been declared illegal by the High Court.
While the Human Rights Forum unreservedly condemns the use of violent means in the exercise of the rights to freedom of expression and movement by an individual or political party, (particularly the two dominant parties in Zimbabwe, ZANU PF and MDC) it equally condemns regular use of organised violence and torture as a means to curtail this right or to enforce law and order.
Particularly disturbing are allegations that high-level Government officials were actively involved in organised violence and torture. More than 5 victims made allegations that the Minister of Youth Development, Gender and Employment Creation, Elliot Manyika, was actively involved in the torture of residents in high density suburbs in Harare, specifically Glen View as well as in Marondera. In Glen View, DZ, DN, VT, GM, FG, and TS were sleeping at the home of Weddy Dewah, MDC Councillor for Ward 31, when CID officers, armed and uniformed policemen and soldiers, under the leadership of Elliot Manyika, allegedly forced entry and assaulted everyone with baton sticks, accusing them of planning the MDC mass action protest march.
State agents were reported as having been involved in torture in the high density suburbs of Harare, forcibly invading home of persons who had in fact organised or taken part in any form of protest during the week of the ‘final push’ or who were merely suspected of having done so. Some victims assert that they are apolitical and had in no way participated in any demonstration prior to their torture. In Highfield, EJ was reportedly intercepted and assaulted by the police and army personnel with booted feet and baton sticks while on his way to join the mass demonstration for the final push. He was detained at Machipisa Police Station and later released without any charges being preferred against him. In Zvimba South Constituency (of Mashonaland West), parents with children at Lilford Primary School claim that they were forced to withdraw their children from school by settlers who had camped there, alleging that the school authorities were engaging in party politics as the school was closed during the mass action. Authorities claim that the children were away on an exeat weekend. Thus the same ‘justice’ was indiscriminately meted out on those with some real involvement in organisation of the ‘final push’ and those who were merely perceived as having been involved yet in fact were not involved in any measure.
In continued contravention of Section 21 (1) of the Constitution of Zimbabwe citizens are being routinely targeted on the basis of genuine or perceived political affiliation. MK of Highfield asserts that soldiers assaulted him on accusations of supporting the opposition MDC, “a party that they do not support”. The victim purports that the assailants stated that no MDC supporters should have a place to stay in this country. The victim, who rented lodgings in the area, claims that he no longer has a home as his landlord was warned against giving opposition supporters accommodation.
State agents have reportedly been witnessed engaged in organised violence and torture and intimidatory activities at institutions of higher learning and medical facilities. Students from the University of Zimbabwe were reportedly among those victimised by state agents, on suspicion that they were convening meetings in support of the ‘final push’. However the majority of students were tortured in the halls of residence and others while waiting for transport at the commuter omnibus rank to leave the University. HTT, student from the University of Zimbabwe, was reportedly severely assaulted by ZANU PF supporters and the police after they abducted him and took him to the ZANU PF headquarters. He claims that the assailants would stop at intervals and demand the names of all students who supported the MDC. NM, another University of Zimbabwe student alleges that the riot police and soldiers ordered him to climb some steps and drop himself to the ground, sing revolutionary songs, snore for about 2 minutes, and roll on the tar. Previously victims tortured by ZNA and ZRP officers have been hesitant to make reports at police stations, to the very same authorities that are responsible for their trauma.
The Human Rights Forum is deeply disturbed regarding the effect that the reported raid on a medical facility, the Avenues Clinic Harare, on Wednesday 4 June 2003 may have had. Initially there was an “intimidating presence of armed soldiers and police (uninvited by the hospital authorities) in and around the Avenues Clinic.” They are said to have subsequently “stormed this clinic and created a panic, threatening outpatients, those awaiting treatment and even Hospital staff. Victims of violence were easily identified by their bandages, and these people in particular were targeted by the police. Vehicles with ZRP and ZNA number plates were observed outside the Clinic at this time, and at least two people were witnessed being accompanied by riot details to these vehicles.” Victims of human rights abuses who sought medical treatment on 4 June 2003, will inherently be deterred from seeking such assistance in the future, as will potential victims who come to know of this occurrence. The level of security with which victims will seek medical attention has thus been drastically reduced. Inability to access medical attention has a profound effect on the quality of lives of victims who have sustained injuries as a result of organised violence and torture. Untreated injuries may result in permanent disability and in more serious cases even death.
There has been no change for the better from May 2003, of utilization of repressive legislation to hinder freedom of expression, assembly and association. These are basic rights to which Zimbabweans are entitled and are guaranteed in the Declaration of Rights and additionally by International Treaties to which Zimbabwe is a party. The use of legislation such as POSA and AIPPA in this regard has led to a number of arbitrary arrests and detentions. In Bindura SM; TM; M; LN; BM; PM; and other employees of ZIMCET (an NGO engaged in peace-building activities) claim that they were arrested and detained by police and ZANU PF youths while holding a workshop in the area. They were interrogated on the purpose of the organisation and the meeting, and then charged with contravening Section 11.17 of POSA . The workshop was being held to discuss issues to do with HIV and AIDS, gender, as well as the organisation’s position with regard to peace building.
Vendors and readers of the independent press have had their right to hold opinions and to receive and impart ideas and information severely curtailed in the past month. A specific target has been the Daily News newspaper. In Glen Norah, LS was in a queue to buy a copy of the Daily News at the shops when soldiers arrived in a truck and allegedly beat him as well as other victims who were queuing up for the paper. In Harare Central, ZANU PF youths reportedly tore up copies of the Daily News and robbed pedestrians of cell phones and cash. In Kwekwe, Daily News vendors were reportedly assaulted by ZANU PF youths because they were selling the paper. 195 of the copies were seized and burnt. The vendors were taken to the ZANU PF offices where they claim they were detained.
Three politically motivated murders were recorded in June 2003. One was reportedly committed by MDC supporters and two as a result of torture by state agents, specifically ZNA and ZRP personnel. In Highfield, about 20 MDC youths are said to have attacked, stoned and murdered Amon Nyadongo, a ZANU PF member, while he was walking along Pazarangu Street in Mbare with his nephew. Nyadongo was reportedly stabbed in the head and chest and he later died on admission at hospital. Tichaona Kaguru, an MDC supporter, reportedly died following his abduction from Mbare by ZNA personnel. He was tortured and later dumped along the road leading to Chikurubi Maximum Prison. Plaxedes Alfonso of Dzivaresekwa (Harare District) was reportedly murdered by ZANU PF youths with baton sticks, iron bars, stones and planks. The Human Rights Forum deplores the employment of gratuitously organised violence and torture leading to loss of life.
Alarmed by the indication made by victims that are contained in this report, the Zimbabwe Human Rights NGO Forum echoes the recommendations made to the Minister of Home Affairs, Kembo Mohadi, by coalition member Zimbabwe Lawyers for Human Rights (ZLHR) in an open letter dated 26 June 2003. Recommendations made by ZLHR include the following:
1 The Government of Zimbabwe immediately takes steps to sign and ratify the Convention Against Torture, Cruel, Inhuman or Degrading Treatment or Punishment, and the Protocol for the Establishment of the African Court of Justice.
2 The Government of Zimbabwe take immediate steps and measures to adopt into domestic law the Robben Island Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa.
3 Torture should be designated and defined as a specific crime of utmost gravity in our local legislation and meanwhile urgent steps should be taken to allow all state agents involved to be personally identified and dealt with.
4 The highest authorities in Zimbabwe publicly condemn torture in all its forms and in particular should publicise the fact that those in command of arresting officers or in charge of places of detention at the time torture is committed will be held personally responsible for the abuses.
5 The Government abolish and criminalise any actions by unidentifiable policemen and use of secret places of detention or interrogation, as well as in communicado detention.
6 The Government promptly, efficiently, impartially and thoroughly investigate all reported cases of torture with a view to bringing the perpetrators to justice, adequately compensating the victims and further making any findings on torture public.
Contact the Zimbabwe Human Rights NGO Forum ([email protected]) for the full report.
































