ZIMBABWE HUMAN RIGHTS NGO FORUM

POLITICAL VIOLENCE REPORT

APRIL 2004

09 June 2004

A report by the Zimbabwe Human Rights NGO Forum

OVERVIEW

Inter-party violence continued to prevail throughout April 2004 and in addition disturbing incidents of intra-party political violence were also recorded in St Mary’s. Incidents of political violence also continue to be reported in areas and at times when there are no elections or by-elections being held or immediately pending. In Shurugwi (MIDLANDS PROVINCE) IM, a MDC supporter, reported that Daniel Nyevera and other ZANU PF supporters closed down her shop because she previously contested for the position of Councillor on a MDC ticket. They are said to be visiting her home, threatening her and her children with death. MM claims that ZANU PF supporters displaced him from Shurugwi on allegations of being a MDC activist. He alleges that he was also ordered to join the National Youth Service Training program and was threatened with death when he refused to do so. An environment prevails in Zimbabwe in which political violence has seemingly become a "normal" way of life.

In a display of unwarranted excessive use of force, LTC, a former General Secretary of the Zimbabwe National Students Union (ZINASU) and a human rights activist was reportedly arrested and severely assaulted by police officers at Mt Pleasant Hall in Harare Central (HARARE PROVINCE), where he had gone to give a speech at the Education Rights Forum. LTC was reportedly struck in the face with open palms and clenched fists, and kicked in the back. The police officers are then said to have forced LTC into the Hall where other officers and security guards were waiting. For about 10 to 15 minutes they reportedly took turns to beat him before making him lie on his back and assaulting him with a broomstick as well as kicking him with booted feet. He was then ordered to kneel and was further assaulted on the ribs. He asserts that at Marlborough Police Station, to which he was subsequently taken, he was verbally abused, threatened with electrocution, kicked with booted feet in the face and on the mouth, and then accused of being drunk as he could not hold a steady posture as a result of the beatings.

While it is acknowledged that law enforcement agents may in certain instances find it necessary to resort to the use of a reasonable level of force in the exercise of their duties, the Human Rights Forum condemns the use of excessive force that is habitually used by officers of the ZRP when dispersing and arresting members of civil society gathered at meetings or participating in demonstrations. None of the force used in the arrest of LTC, as described above, was reasonable or necessary. We urge the police to desist from excessive use of force when making arrests and dispersing gatherings and to adhere to the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials which urge the application of non-violent means "as far as possible before resorting to the use of force." Furthermore we urge the relevant Ministry to ensure that police officers adhere to professional and restrained behaviour when carrying out investigations, making arrests or dispersing gatherings.

Post-election retribution, a well-established phenomenon associated with elections in Zimbabwe and documented by the Human Rights Forum since the June 2000 Parliamentary elections, was recorded following the holding of the Zengeza by-election on 27 and 28 March 2004. EG and AK, MDC supporters, purport that they were assaulted by Muzambi and other ZNA officers because they participated in the Parliamentary by-election campaign in Zengeza. JR’s home was also allegedly stoned by ZANU PF youths for his participation in the Zengeza by-election campaign on behalf of the MDC. MM, a MDC activist, claims that ZANU PF supporters assaulted him because he campaigned for the MDC before the Zengeza Parliamentary by-election. The Human Rights Forum reiterates its concerns regarding the impact that such incidents have on the prospects for free and fair elections in March 2005. Citizens should be free to belong to any party of their choice and campaign for any party of their choice without fear or reprisal.

Evelyn Masaiti, MDC MP – Mutasa (MANICALAND PROVINCE), Henry Chimbire, Stanford Bote and Zvamaida Nyaruwata were arrested on 17 April 2004 by police officers manning a roadblock in Mabvuku at about 12:00 hours. The group was travelling back to Harare from Mutasa where they had attended the memorial service for Ben Mwamuka, MDC Chairman for Mutasa District. Masaiti purports that they were accused of having brought MDC youths to Harare to cause chaos and of organising football matches in Mabvuku for MDC youths who later destroyed and looted property from a shop belonging to Sekesai Makwavarara, former MDC member and the Acting Executive Mayor for Harare. Masaiti asserts that she had no knowledge of the planned football matches which MDC youths in the area were holding.

Takesure Mushavire was reportedly arrested while having a drink at Mazodza Bottle Store around 12 midnight and assaulted him with clenched fists during the effecting of his arrest. He claims that the police beat him with fists and kicked him with booted feet all over the body, drove him around Mabvuku for about an hour, and then took him to Mabvuku Police Station, whereupon they further beat him with baton sticks. He alleges that he was forced to admit that he belonged to the MDC and that he was an accomplice of Masaiti in organising the soccer match in Mabvuku and in the looting of Makwavarara’s shop. Mushavire, who claims to be apolitical, denies the allegations as he and Masaiti had been arrested at different times and under different circumstances.

Oscar Pemhiwa, MDC Harare City Councillor for Mabvuku, was reportedly later arrested while relaxing with friends at Matongo Shopping Centre in Mabvuku, but was grouped together with Masaiti and accused of committing the same offence. The group was reportedly beaten by police at Mabvuku Police Station on accusations of inciting violence amongst the MDC youths who had gathered in Mabvuku that afternoon. It is reported that Detective Inspectors Dhowa and Dhliwayo took them to Harare Central Police Station the following day, 18 April 2004, where they spent the night. Statements were taken from the group the following morning (19/04/2004). The group was only taken to court on 21 April 2004, 5 days after their arrest, and they were charged under the Public Order and Security Act (POSA) for inciting public violence. They claim that during their stay in holding cells they were assaulted, given no food and forced to sleep in filthy cells. It is reported that Masaiti is taking legal action against the Minister of Home Affairs, Kembo Mohadi for unlawful detention.

 

Totals: 1 April 2004 – 30 April 2004

Cumulative Totals: 1 January 2004 – 30 April 2004

Sources: The information contained in this report is derived from statements made to the Public Interest Unit of the Zimbabwe Human Rights Forum, statements taken by the member organisations of the Zimbabwe Human Rights NGO Forum. (See last page for list of member organisations), newspaper reports, Justice for Agriculture (JAG), Combined Harare Residents Association (CHRA), National Constitutional Assembly (NCA), Women of Zimbabwe Arise (WOZA), Zimbabwe Community Development Trust (ZCDT), Zimbabwe Congress of Trade Unions (ZCTU) and Zimbabwe Election Support Network (ZESN).

Notes to the tables:

Torture:

All cases of torture fall under the definition of torture according to the general definition given in the United Nations Convention against Torture and Other Forms of Cruel, Inhuman and Degrading Treatment and Punishment.

The four elements of torture are:

  1. Severe pain and suffering, whether physical or mental
  2. Intentionally inflicted
  3. With a purpose
  4. By a state official or another individual acting with the acquiescence of the State.

Those individuals referred to in point # 4 include the ZRP, ZNA, ZPS and the ZNLWVA (as a reserve force of the ZNA) and by any other grouping when directly sanctioned by the state.

Unlawful arrest and detention:

Arrest by the Zimbabwe Republic Police (ZRP) with no reasonable suspicion that an offence has been committed. Detention thereafter for a period exceeding 48 hours without access to redress through the courts or subsequent release without charge.

Abduction/kidnapping:

A kidnapping by a member(s) of an organised group that is not the ZRP, political party, ZNLWVA, ZNA, MDC, Zanu PF etc

Disappearance:

Kidnapped persons whose whereabouts remained unknown at the time of reporting. Their whereabouts have still to be ascertained through follow up reports or further investigation.

Property related

These are incidents in which property rights have been violated. This includes arson, property damage and destruction and theft.

Key Abbreviations

AIPPA – Access to Information and Protection of Privacy Act

CIO – Central Intelligence Organisation

MDC – Movement for Democratic Change

MP – Member of Parliament

NAGG - National Alliance for Good Governance

NCA – National Constitutional Assembly

OVT – Organised Violence and Torture

POSA – Public Order and Security Act

PTUZ – Progressive Teachers Union of Zimbabwe

 

UMP – Uzumba Maramba Pfungwe

Zanu PF – Zimbabwe African National Union Patriotic Front

ZCTU – Zimbabwe Congress of Trade Unions

ZNA – Zimbabwe National Army

ZNLWVA – Zimbabwe National Liberation War Veterans Association

ZPS – Zimbabwe Prison Service

ZRP – Zimbabwe Republic Police

ZIMTA – Zimbabwe Teachers Association

ZUPCO – Zimbabwe United Passenger Company

Cases of Political Violence

Note: The identities of victims whose names have not been published in the press and are not public officials are protected by the use of initials. This is done in order to protect the victim from further violence, intimidation and possible recriminatory attacks.

The purpose of this report is to record the nature of the politically motivated violence and intimidation that continues to prevail in the country. The Monthly Political Violence Reports are primarily based on victims’ accounts, accompanied by medical evidence where possible, obtained from member organisations of the Human Rights Forum and other partner organisations. Use is also made of press reports on politically motivated violence. The Monthly Political Violence Report cannot therefore be considered as the exhaustive record of all incidents of politically-motivated violence in Zimbabwe in the period under review. Nevertheless, every incident reported to the Human Rights Forum directly or through its members is meticulously documented and included in the reports.

The situation prevailing in the country is such that it has not been possible to verify all of these accounts. The Human Rights Forum has done what it can to verify the reports, and is satisfied that the vast majority of them are substantially true. It is also not possible to rule out whether a victim’s account is exaggerated or contains inaccuracies.

All reports derived from the press are denoted with the symbol .

BULAWAYO

Bulawayo North East/ South

28 April 2004

HARARE

Chitungwiza

18 April 2004

 

Glen View

April 2004

Harare Central

April 2004

28 April 2004

Harare North

22 April 2004

When the police officers saw LTC, they reportedly asked him to identify himself. Before he could do so, one security officer from the University of Zimbabwe reportedly pointed at him and shouted that the police should arrest him because he was coming to speak at the meeting. The police officer allegedly shouted obscenities at the victim, grabbed him by the collar and then slapped him. LTC claims that more of the officers joined in the beatings, and that while he tried to break loose from the officer who was grabbing him by the collar, he struck one of the officers. He has since paid a fine for striking the officer.

He was purportedly handcuffed and then forced to walk to the side of the Hall while being spat on, struck in the face with open palms and clenched fists, and being kicked in the back. This was done in the full view of other people who were gathered for the meeting. LTC sustained deep cuts from the handcuffs.

The police officers are then said to have forced LTC into the Hall where other officers and security guards were waiting. For about 10 to 15 minutes they reportedly took turns to beat him. He purports that he was made to lie on his back while they assaulted him with a broomstick and kicked him with booted feet. He was ordered to kneel and was further assaulted on the ribs.

One of the officers reportedly shouted that once they were through with the beatings, they would send LTC to Harare Central Police Station for proper "sorting out", saying that "kuCentral kunobviswa machende nemagetsi mupfana, unofa usina mwana iwe. (At Central they remove testicles through electric shocks young man, you will die without a child). Go and ask Sikhala". (Job Sikhala, MDC MP for St. Mary’s, was tortured by ZRP officers in January 2003 and subjected to electric shocks.)

LTC claims that he fell on his stomach and was forced to lie face up, and was kicked with booted feet in the face and on the mouth. He sustained cuts on his mouth, a broken tooth and swollen gums. He also bled from the mouth, nose and the vision in one of his eyes was affected. He alleges that by then he was almost unconscious and could not tell what was happening to him. At Marlborough Police Station, to which he was subsequently taken, the police were reportedly accusing LTC of being drunk as he could not move or speak following his beating.

One plain clothed police officer, who arrived while the others were assaulting LTC reportedly remonstrated with his colleagues to restrain them from further assaulting him. At the Police Station LTC was left lying on the floor bleeding and unable to move. It is alleged that it was only at the insistence of his lawyers that a doctor was called to the Police Station and LTC was taken to hospital where he had XRAY scans administered under police guard. LTC alleges that he has lost normal vision in his right eye, and that his upper teeth and gums were damaged, necessitating surgery.

Hatfield

18 April 2004

 

Highfield

1 April 2004

Mabvuku

17 April 2004

Oscar Pemhiwa, MDC Harare City Councillor for Mabvuku, was reportedly arrested while relaxing with friends at Matongo Shopping Centre in Mabvuku, but was grouped together with Masaiti and accused of committing the same offence (organising football matches for MDC youths in Mabvuku, who later destroyed and looted property from Sekesai Makwavarara’s shop). Chimbire claims that he was beaten by riot and military police at Mabvuku Police Station on accusations of inciting violence amongst the MDC youths who had gathered in Mabvuku that afternoon. He was allegedly beaten on the chest, back, shoulders and the right side of his head. He was also trampled on the right side of the stomach and then kicked on the right knee with booted feet. Chimbire was reportedly later taken to a holding cell while bleeding. It is reported that Detective Inspectors Dhowa and Dhliwayo later took him and the others to Harare Central Police Station the following day (18/04/2004), where they spent the night. Statements were taken from the group the following morning (19/04/2004). The group were only taken to court on 21 April 2004, 5 days after their arrest, and were charged under the Public Order and Security Act (POSA) for inciting public violence. They claim that during their stay in holding cells, they were assaulted, given no food, and forced to sleep in filthy cells. It is reported that Masaiti is taking legal action against the Minister of Home Affairs, Kembo Mohadi for unlawful detention. Chimbire claims that a policeman named Skhova threatened to kill him on the day he was released.

18 April 2004

St. Mary’s

1 April 2004

3 April 2004

10 April 2004

15 April 2004

22 April 2004

23 April 2004

26 April 2004

Zengeza

1 April 2004

6 April 2004

7 April 2004

MANICALAND

Chimanimani

9 April 2004

Mutare Central

27 April 2004

MASHONALAND EAST

Chikomba

1 April 2004

MASHONALAND CENTRAL

Muzarabani

13 April 2004

MASHONALAND EAST

Marondera West/ East

1 April 2004

20 April 2004

Murehwa North/ South

14 April 2004

MATEBELELAND NORTH

Lupane

20 April 2004

MIDLANDS

Gokwe North/ South

1 April 2004

Shurugwi

18 April 2004

 

Full alphabetical list of reported deaths related to political violence 1 January to 30 April 2004 recorded indicating name, political affiliation, date of death, constituency and province.

TOTAL: 3

MDC – 2; UNKNOWN - 1

SURNAME

FIRST NAME (S)

POLITICAL AFFILIATION

DATE OF DEATH

CONSTITUENCY

PROVINCE

  1. ChAmbarara

Shemi

UNKNOWN

8 FEBRUARY 2004

CHIMANIMANI

MANICALAND

  • Chigega
  • Alexander

    MDC

    4 JANUARY 2004

    Shamva

    MASHONALAND CENTRAL

  • Chinozvina
  • francis

    mdc

    28 March 2004

    ZENGEZA

    HARARE

     

    Administrative Map of ZIMBABWE

     

     

     

     

     

     

     

    The Zimbabwe Human Rights NGO Forum (also known as the "Human Rights Forum") is a coalition comprising 17 member organisations. It has been in existence since January 1998 when non-Governmental organisations working in the field of human rights joined together to provide legal and psychosocial assistance to the victims of the Food Riots of January 1998.

    The Human Rights Forum has now expanded its objectives to assist victims of organised violence, using the following definition:

    "Organised violence" means the inter-human infliction of significant avoidable pain and suffering by an organised group according to a declared or implied strategy and/or system of ideas and attitudes. It comprises any violent action, which is unacceptable by general human standards, and relates to the victims’ mental and physical well-being."

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