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ALERT UPDATE - ZIMBABWE

8 April 2005

Tortured journalists win claims for damages

SOURCE: Media Institute of Southern Africa (MISA), Windhoek

**Updates IFEX alerts of 13 November 2002, 24 April 2001, 11 May, 15 March, 24, 12, 11, 10, 9 and 3 February 1999, and others**

(MISA/IFEX) - Journalist Ray Choto and the estate of the late Mark Chavunduka, have been paid a total of more than 20 million Zimbabwean dollars (approx.US$3,225 at the official rate) in damages and interest claims for the torture and unlawful arrest they suffered following the publication of an alleged abortive coup plot in 1999.

The damages were awarded posthumously to Chavunduka, who was editor of the privately-owned weekly "The Standard" newspaper, together with Choto, who was his senior reporter at the time. Choto is now based in Washington, USA.

The damages, which were largely settled in full, arose from claims for wrongful arrest and imprisonment, torture, medical treatment and legal costs.

MISA-Zimbabwe confirmed that on 22 February 2005, the journalists' lawyer, Simon Bull, wrote to the Chavunduka family and Choto informing them that they had struck an out-of-court settlement with the Civil Division of the Attorney General's Office.

Besides the other claims, Choto alone was paid £1,558 (approx. US$2,930) at the prevailing auction rate at the date of payment out of the £2,077 (approx. US$3,907) which he was claiming in special damages for accommodation in England while undergoing rehabilitative therapy and medical treatment.

In addition to the claims, the state also paid 3,277,500 Zimbabwean dollars (approx. US$530) as contribution to the legal costs incurred by the two journalists.

BACKGROUND:

In December 1998, "The Standard" published a story which claimed that 23 Zimbabwe National Army soldiers were detained at Chikurubi Maximum Security Prison after they had allegedly incited other soldiers to revolt against President Robert Mugabe's government.

The army said the story was false, which led to the arrest of the two journalists, who spent a week in the hands of the military. The two were arrested by police in January 1999 and handed over to army officers following publication of the abortive coup plot story.

Chavunduka and Choto, who claimed that they had been tortured by military personnel while in custody, were subsequently charged under Section 50 (2) of the now repealed Law and Order Maintenance Act for publishing "false news likely to cause alarm and despondency".

Their claims of torture were confirmed by a local government media doctor who treated them while they were still in police custody. Further confirmation of their torture claims were corroborated by local and foreign experts who examined them. At the time, the government vigorously denied that the journalists had been tortured, with the late defence minister, Moven Mahachi, saying the two had "scratched themselves."

The charges were subsequently dropped before plea after the Supreme Court ruled in May 2000 that Section 50 (2) was unconstitutional as it infringed on the right to freedom of expression.

Chief Justice Anthony Gubbay, now retired, also called for an inquiry into the journalists' alleged torture and ordered Police Commissioner Augustine Chihuri to conduct an investigation and arrest the perpetrators with the aim of bringing them before a competent jurisdiction for prosecution.

There is no information about what became of the inquiry ordered by Chief Justice Gubbay, nor has anyone been arrested in connection with the torture of Choto and Chavunduka.

The journalists, however, travelled to London in 1999 where they received both medical and psychological treatment from the Medical Foundation for Care of Victims of Torture.

For further information, contact Zoé Titus, Programme Manager, Media Freedom Monitoring, MISA, Private Bag 13386 Windhoek, Namibia, tel: +264 61 232 975, fax: +264 61 248 016, e-mail: [email protected], Internet: http://www.misa.org

The information contained in this alert update is the sole responsibility of MISA. In citing this material for broadcast or publication, please credit MISA.

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