ZIMBABWE HUMAN RIGHTS NGO FORUM

POLITICAL VIOLENCE REPORT

April 2006

2 June 2006

OVERVIEW

The month of April saw torture being sustained. On 14 April, Nixon Nyikadzino a.k.a Mao, an NCA activist was tortured by Military Intelligence agents. A woman who was with the agents sexually assaulted him and his cousin. The Human Rights Forum deplores the torture of Mao and urges the Government to bring to book perpetrators of this shameful and unlawful act. The Forum further urges the Government to comply with international norms on torture, inhuman and degrading treatment and punishment as stipulated in the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). To show its seriousness in upholding international norms, the Human Rights Forum urges the Government of Zimbabwe to ratify and domesticate CAT. The Human Rights Forum also expresses shock and disgust at the manner in which Mao and his cousin were tortured by state agents.


Eleven NCA demonstrators were allegedly tortured for demonstrating peacefully in support of a new constitution for the country. The Human Rights Forum urges the Government to respect the rights of people to freedom of assembly, expression and association as enshrined in the Constitution and international instruments to which Zimbabwe is a party. The Forum further implores the government to amend or repeal POSA in accordance with the 2002 recommendations of the African Commission on Human and Peoples’ Rights (ACHPR) Fact-finding Mission to Zimbabwe.


Residents of Nenyere Flats were forcibly evicted to make way for ZANU-PF youths. This eviction was targeting defenceless widows in particular. The Forum urges the Government to protect the rights of its citizens to property and shelter and stop the evictions, which are known even to police officers who are reportedly too afraid to intervene. The Forum implores the ZANU-PF youths to uphold the law and realise that there is no one who is above the law.


There were also reports of intra-party political violence between the 2 MDC factions, the Arthur Mutambara led and the Morgan Tsvangirai led factions. The Forum urges the 2 factions to respect the rights of every Zimbabwean to participate in the politics of their country. This violence, coupled with repression from the Government, has led to a situation where Zimbabweans believe it is a crime to participate in the politics of the country, a right which is protected by the Constitution, the African Charter on Human and Peoples’ Rights and other international instruments.

Totals: 1 April 2006 – 30 April 2006

Cumulative Totals: 1 January 2006 – 30 April 2006

The graph should be read along with the table depicting the monthly totals of violations from 1 January 2006 to 30 April 2006. The total quantifiable number of victims reported in April 2006 is 119.

Key Abbreviations

AIPPA – Access to Information and Protection of Privacy Act PTUZ – Progressive Teachers Union of Zimbabwe

BSA - Broadcasting Services Act UMP – Uzumba Maramba Pfungwe

CIO – Central Intelligence Organisation ZANU PF – Zimbabwe African National Union Patriotic Front

MDC – Movement for Democratic Change ZCTU – Zimbabwe Congress of Trade Unions

MP – Member of Parliament ZNA – Zimbabwe National Army

ZPS – Zimbabwe Prison Service ZRP – Zimbabwe Republic Police

NAGG - National Alliance for Good Governance ZNLWVA – Zimbabwe National Liberation War Veterans

NCA – National Constitutional Assembly Association

OVT – Organised Violence and Torture ZIMTA – Zimbabwe Teachers Association

POSA – Public Order and Security Act ZUPCO – Zimbabwe United Passenger Company ZPS–Zimbabwe Prison Services

Sources: The information contained in this report is derived from statements made to the Public Interest Unit of the Zimbabwe Human Rights NGO Forum, statements taken by a network of human rights activists and newspaper reports,

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.

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. 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. Care is also taken to record the incidents in the language in which they were reported to the Forum.

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 ∑.

Harare

Budiriro

17 April 2006

A male victim claims that on the date in question, he and others were campaigning for the MDC anti-senate faction for the forthcoming Budiriro by-election. They were chanting party slogans at Budiriro Shopping Centre when police officers came and dispersed them. They were reportedly assaulted indiscriminately. The victim reports that he tried to run but fell down and hurt his left wrist. He was allegedly hit on the head with an unknown object whilst he was still down. He managed to escape after a while.

Chitungwiza

10 April 2006

The male victim claims that he had a misunderstanding with a female member of the Makoni District Administrator’s office. After exchanging insults she said she was going to report the matter to state security agents. She immediately came back with a member of the Central Intelligence Organization (CIO) and his colleagues joined later. The victim had a programme of an MDC rally, which had been held in Bulawayo. The CIO operatives interrogated him and one of them recognized him. They asked him how the MDC was training youths in South Africa. When he responded that he knew nothing of the training, he was allegedly assaulted with a worn tyre gasket and slapped across the face. He was released around 18:00 hrs after his lawyers had intervened.

Glen Norah

14 April 2006

The male victim was drinking beer at a bottle store in the company of a Major he knew. When he went behind a bush to urinate, 2 people reportedly followed him claiming to be military Intelligence and accused him of being an MDC member and of being Nixon Nyikadzino a.k.a. Mao’s accomplice. Mao is an NCA activist. Two more men joined in the squabble and allegedly assaulted him with fists, open hands and booted feet. The Major did not say anything to stop the violence. The victim managed to escape and the following day he went to the same spot looking for the men who had assaulted him to clarify why he was assaulted. The Major apologized for the incident. At that moment 2 men came and allegedly assaulted him again. He managed to escape to safety. The victim claims he is not active in political issues.

On that same day, 2 male victims were allegedly abducted by Military Intelligence officers around 19:00 hrs. One victim, an army officer, claims that on the date in question, he went to Glen Norah to see Nixon Nyikadzino a.k.a. Mao, his cousin who is an NCA activist. At around 19:00 hrs he saw Major Kembo whom he knows to be a member of the Military Intelligence together with his operatives at the Shopping Centre. He greeted him and they started drinking beer together. The major then told him that he was on a mission to spy on Mao and that they had deployed a female operative to act as a prostitute and get information out of Mao. The victim told Major Kembo that he wanted to refill his beer and he went and warned Mao to be careful since he was under surveillance. On going back to Major Kembo’s truck about five men demanded to see him. They asked him how well he knew Mao and he told them that they were cousins.

The victim was allegedly assaulted on the accusation of selling state secrets and being an NCA member. He was reportedly bundled together with Mao into a car, which moved off at high speed. He claims that he was heavily assaulted and forced to sing revolutionary songs. The car travelled all over town until he lost his sense of direction and then took off on a route that he could not tell. They then stopped the car and he was reportedly thrown out of the car.

There was a big dam nearby and he was told to say his last prayers since he was to be thrown in the dam. He claims that he could hear Mao crying in pain from the assaults he was being subjected to. He was allegedly thrown over the dam fence down a cliff but he held on to the long grass and prevented himself from falling into the water. When they discovered that he had not fallen into the water they are said to have called him back. He was bundled back into the car and the perpetrators drove further where the victims were told that Mao was to die. He was searched and they took Z$7 million, spectacles and a Pierre Cardin jacket. They also reportedly took Mao’s money and 3 cell phones. The Major is said to have wanted to kill Mao but was stopped by his colleagues. Mao was left there and they took the victim away with them in the car. He was once again asked of his relationship with Mao and again he told them that he was a cousin.

He was allegedly assaulted again and made to kiss his own penis and drink his own urine. “Lieutenant sekuru vako vasara chitora mbuya vako uvakwire”, (Lieutenant your uncle is dead so you can now have intercourse with his wife), was an order he was reportedly given. He was allegedly forced to imitate making love to the woman. The woman is said to have asked him to open his zip so that she could feel his private parts and she allegedly fondled them. After driving for a while, they stopped the car and started arguing about what to do about him. He was reportedly told to disembark from the vehicle but before the assailants left, they told him that it was not over since they will get him later at his workplace, as he was to die that week or rot in jail for selling state secrets and working as an NCA agent.

He had to walk about 40km up to Marlborough where there was a police roadblock. He lied to the police that he had been robbed of his car and possessions. He managed to get home but his family is now in constant fear of victimization.

In the same incident, Mao was allegedly assaulted with clenched fists, booted feet and empty bottles. There was a woman who kept on kissing him while the men assaulted him. They wanted to know why he was working for the NCA and also why he was always in the company of an army officer. They alleged that he was trying to recruit him so he would assist in the regime change programme. The woman allegedly opened his zip and started fondling his private parts while the other men continued plucking his dreadlocks using their hands until all his locks were torn off his head. One of the men reportedly asked him to eat a lit cigarette, which he did. He was then assaulted with an empty bottle and asked where he had put the lit cigarette. He was allegedly asked to kiss his own private parts. When he told them that it was impossible he was allegedly assaulted while blind folded with his T-shirt. They then made him drink his own urine.

At some point they threw him out of the car, jumped out and started urinating on him. The urine flowed over his body stinking and itching. They told him they were going to throw him into a dam and ordered him to say his last prayers. He did that and they also asked him to pray for them. He reportedly prayed for them under duress while one of the men kept on biting him. They then asked him to have sexual intercourse with the woman in their presence and he told them he could not do it and they continued assaulting him. He was allegedly slapped over the eyes to the extent that he became dizzy and never believed his eyes could open again. They then dumped him about 47 km away from Harare in a forest, took away his three cell phones and Z$10 million. He claims that they warned him not to ever get involved in NCA business again and that they would make a follow up, as they were now aware of his residential address. Having done that, they made a U-turn and sped off with his cousin. He had to walk for almost 17 km until he got to a police roadblock at about 12 Midnight. The police assisted him to get transport back home after he had lied to them that he had been robbed.

Glen View

2 April 2006

. It is reported that about 300 suspected MDC supporters went on a rampage and destroyed property at a house in Glen View belonging to a Mrs. Pamhene, which a man donning a ZANU-PF T-shirt had visited. The incident is said to have taken place around sunset after an MDC rally that had been held in Mufakose earlier in the day.

Harare Central

7 April 2006

Police arrested 51 NCA and WOZA demonstrators as they marched in the city centre in support of a new constitution for Zimbabwe. They were taken to Harare Central Police Station and were formally charged under Section 19(1)(b) of POSA and were released on 10 April 2006. The cells in which they were detained were overcrowded, the toilets were dysfunctional and insects bit them. The victims’ clothes were taken and they walked barefoot in the cells, which were filthy with human excrement and urine on the floor. Eleven female victims were reportedly tortured.

20 April 2006

A male victim who was dressed in camouflage reports that on the date in question around 12 noon 2 soldiers came demanding to know why he was wearing camouflage. He explained to them that he did not know that it was a crime to wear camouflage. They reportedly told him to remove his camouflage and move around town naked. He however negotiated with them and they told him to buy another pair of trousers and hand over the camouflage to them. They allegedly verbally abused him and embarrassed him in front of a crowd that had gathered. They wanted to take him to King Gorge VI (KG VI) Army barracks or Harare Central Police Station where they said he would stay in custody for 48 hours before paying a fine. When he was a short distant away from the police station, he allegedly convinced them to release him by bribing them with Z$1,5 million. The victim reports that he was afraid of the soldiers due to previous encounters his family had had with them.

Harare South

24 April 2006

The male victim alleges that on the date in question around 13:00 hrs, workers of the Operation Garikai started chanting the workers slogan as they usually do when it is almost time to break. A resident of Hopely farm allegedly came out of his makeshift shelter shouting angrily at him and wielding machete and a small axe threatening him. He then threw away the machete and axe and picked up two bricks threatening to bash the victim’s head. When the victim tried to defend himself his colleagues intervened and advised him rather to run away. The resident then reportedly approached their supervisors and told them that builders were harassing him and he singled out the victim. The supervisors then told the victim to focus on his duties. The resident then went to report the matter at ZRP office at Hopely farm. The resident is said to have reported that the victim had assaulted him and demolished his makeshift shelter. The victim was taken to the Hopley sub-office station where he was allegedly assaulted under the feet with a meter long baton by two ZRP officers for about 20 minutes. No investigations were done, no docket was opened and the victim was released without being charged.

Mbare

4 April 2006

ZANU-PF youth were reportedly forcibly evicting tenants at Nenyere Flats Block 13 in Magaba Mbare particularly targeting widows. The youth were said to be working with the Mbare District Office officials who were seeking to give the homes of the evictees to members of ZANU PF whose names were recorded on a list compiled by the ZANU-PF District Chairman. When lawyers went to monitor the situation, there was said to be a lot of tension and they were subjected to hostility by some ZANU-PF beneficiaries of the eviction as well as by the CIO.

Zengeza

8 April 2006

The 4 victims, 3 male and one female, report that they were part of the gathering waiting for the MDC Morgan Tsvangirai faction rally to start. One male victim claims that a group of the Arthur Mutambara MDC faction asked him if he was attending the rally. He reports that he sensed danger and tried to leave the area but one of them held him by the neck and head-butted him. He was also allegedly slapped several times in the face and when he managed to escape he was hit on the left shoulder with a bottle. The victim’s friend was allegedly struck with an empty bottle on the face. They managed to escape. The third male victim claims he was stoned on the right ankle when the group was throwing stones at them. When the police came, they also allegedly assaulted him.

The female victim reports that on her way back from the rally she asked for drinking water from the hosepipe from some builders. She remembered quenching her thirst but what happened after that she could not remember. The next thing she remembers is finding herself in a room with white walls attached to machines with a bandage on her head days later. She was told that she had been struck with a brick by a member of the other MDC faction. Her daughter and an MDC Councillor took her to South Med Hospital and the following day she was transferred to Parirenyatwa Hospital. She was later transferred to Avenues clinic. She sustained a fractured skull, which required extensive specialist brain surgery.



Mashonaland East

Seke

14 April 2006

The female victim reports that on her way home from her father’s bottle store at about 21:00 hrs, men in plain clothes came and ordered her and some other people she was walking with onto a police truck. The men accused the victim of loitering and drove off away from the police station. She was allegedly assaulted on the back with a baton and she lost consciousness only to regain it when she woke up in Chitungwiza Hospital around 01:00 hrs. She was told later that she had been picked up on the roadside. Her sister and her father’s workers notified her father about the incident. The officer in charge at Dema Police Station reportedly apologized to her family and told them no one had reported the incident to them. She suspects that her assault is linked to the fact that her father is the MDC Chairman for Dema.



Masvingo

Masvingo Central

20 April 2006

Police in a big lorry reportedly rounded up about 50 squatters residing along the bank of Macheke River, burned the camp and took them to Chikato Police Station where they spent the whole day locked up. They were released at the end of the day without any charges laid against them. While the squatters were at the police station, people living near the squatter camp are said to have looted their blankets, food and other goods. The squatters remained with the clothes on their backs. Reports are that the police periodically round up the squatters and arrest them for a day.



Full alphabetical list of reported deaths related to political violence 1 January 2006 to 30 April 2006 recorded indicating name, political affiliation, date of death, constituency and province.

TOTAL: 0







MAIN EVENTS 2006

January


  • Voice Of the People (VOP) Board of Trustees continue to be victimized by the police under the accusations of breaching the Broadcasting Services Act and in the process 2 employees of one Board member are arrested and detained without charges being preferred against them


February


  • WOZA women hold demonstrations on 13 and 14 February in Bulawayo and Harare on the deteriorating state of the economy.

  • Students mostly from state tertiary institutions hold demonstrations over the

increases in tuition fees.

  • NCA demonstrate for a new constitution on the birthday of the President viz 21st

February.

  • President’s birthday celebrations are held in Mutare on 25 February.

  • The MDC pro-senate faction holds its National Congress in Bulawayo.


March


  • 7 people are arrested in Harare and Mutare on 6 and 7 March 2006 on the accusations of plotting to assassinate President Mugabe during the 21st February Movement celebrations.

  • MDC supporters are assaulted at Mbare Bus Terminus while coming from an anti-senate MDC rally on 12 March.

  • MDC anti-senate faction holds its congress from 17-19 March 2006 at City Sports Center in Harare.

  • Demonstrations against the huge tuition fees increases in tertiary education continue in Bulawayo


April


  • Residents of Nenyere flats in Mbare are forcibly evicted from the flats to make way for ZANU-PF youths on 4 April. Widows are the main targets for eviction

  • NCA demonstrates for a new constitution on 7 April.

  • Campaigning starts in Budiriro for the Parliamentary by-election to be held on 20 May 2006.

  • Nixon Nyikadzino a.k.a Mao, an NCA activist is tortured by Military Intelligence officers on 14 April.

  • Intra-party violence erupts in Zengeza between the two MDC factions on 18 April after Tsvangirai holds a rally there on Zimbabwe’s independence day.

  • About 50 squatters along Macheke River are arrested and their camp burnt down by the police on 20 April


The table below and the graphs on page 3 above depict the number of violations committed on the persons whose circumstances are described in the report. One individual may have been subjected to many violations and thus appear under several categories of violations.

Monthly totals of human rights violations from 1 January 2006 to 30 April 2006



January

February

March

April

Total

Assault

7

32

32

20

91

Abduction/ kidnapping

0

0

1

2

3

Attempted murder

0

0

0

2

2

Death threats

0

0

2

2

4

Disappearance

0

0

0

0

0

Displacement

0

0

0

54

54

Freedom of expression/ass/mvt

7

410

57

24

498

Murder

0

0

0

0

0

Political Discrim/vict/intim

7

8

29

22

66

Property related

0

0

1

50

51

Rape

0

0

0

0

0

School closure

0

0

0

0

0

Torture

3

0

19

17

39

Unlawful arrest

8

312

46

103

469

Unlawful detention

8

312

46

103

469



Administrative Map of ZIMBABWE







Zambia













Mozambique

Botswana

South Africa



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.”

The Human Rights Forum operates a Research and Documentation Unit and offers legal services through the Public Interest Unit of the (formerly the Legal Unit of the ZHRF.)

Core member organisations of the Human Rights Forum are:

The Human Rights Forum can be contacted through:

The Administrator, P O Box 9077, Harare – email: admin@hrforum.co.zw

The Public Interest Unit, P O Box 9077, Harare – email: legal@hrforum.co.zw

The Research Unit, P O Box 9077, Harare – email: research@hrforum.co.zw

Address: 8th Floor Bluebridge North, Eastgate, Harare; Telephone: 250511 - Fax: 250494

The International Liaison Office,56- 64 Leonard Street London EC 2A 4JX– email: IntLO@hrforumzim.com

Telephone+44-20-7065-0945

Website: www.hrforumzim.com

Previous reports of the Human Rights Forum can be found on our website.

To report political violence incidents occurring to yourself or someone you know, please contact us on the above addresses.