OVERVIEW

January 2007 has started on a bad note in terms of politically - motivated violence and general abuse of state power by the army, police and state security agents. Several unconfirmed reports to the Human Rights Forum and in the press indicate excessive use of force by the state agents. For example, it is alleged that in January 2007 state security agents guarding diamond fields in Manicaland unleashed a reign of terror, shooting and assaulting villagers arrested for illegal diamond mining in the area. On 28 January, it is alleged that one, Modern Chibururu, was shot by the police near Marange for illegal diamond mining. According to one press report, the police surrounded the mine - field and threw a search light over the area before spraying bullets on over 30 illegal miners. Such unethical practices by the state security agents are in clear breach of Zimbabwe’s international obligations to respect and protect its citizens from human rights violations. The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the Code of Conduct for Law Enforcement Officials provide that law enforcement agents should apply non - violent means in carrying out their duties and only use force when strictly necessary.¹ When the use of force is unavoidable, it should be used in proportion to the seriousness of the offence and the legitimate objective to be achieved, and should minimise damage and injury.²

The ZRP continues to use POSA³ extensively on members of the NCA who are advocating for a new constitution. On 25 January the rights of approximately 500 NCA members to freedom of expression and assembly were infringed when the police descended on their demonstration in central Harare and dispersed them by assaulting them using baton sticks, open fists, booted feet and anything at their disposal. In Shurugwi, on 8 January, the Zimbabwe Republic Police again exhibited a clear lack of understanding of the powers accorded to them by POSA by purpotedly denying permission to a group of women who wanted to demonstrate. The Human Rights Forum condemns such actions and urges the Zimbabwe Government to reprimand and restrain the police when in violation of local and international human rights norms that protect the rights to freedom of expression and association.

Further to the acts of abuse of power exhibited by the Zimbabwe Republic Police in January 2007, members of the Zimbabwe Christian Alliance experienced the brutality of Zimbabwean police when they were arrested allegedly for wanting to incite their members to rise against the government. On 26 January the Zimbabwe Christian Alliance held a meeting to launch a chapter of the organisation in Kadoma. It is reported that the organisers had notified the police as required under POSA and several members of the Zimbabwe Republic Police even sat in the venue for the meeting monitoring the proceedings. However, it appears that during the course of the meeting, at 12:00 hours, armed police officers disrupted the launch and arrested eight members of the Christian Alliance and a video camera man, who was later released. The eight Christian Alliance members who were arrested are pastors Ray Motsi, Ancelom Magaya, Gerald Mubaira, Zvizai Chiponda, Watson Mugabe, Lawrence Berejena, Jonah Gokova and Pius Wakatama. The arrested were charged with inciting the crowd attending the launch to engage in violent activities. They were then allegedly held in police custody until 29 January while awaiting trial.

In a case which exhibits the Zimbabwean government’s unrelenting attacks on higher and tertiary education students, a group of students was arrested and heavily assaulted by members of the Zimbabwe Republic Police on 17 January for staging protests in Bulawayo against high tuition fees. Furthermore, in an act that confirms the prevalent abuse of human rights defenders⁴ in Zimbabwe, Arnold Tsunga (Director of Zimbabwe Lawyers for Human Rights and Acting Secretary for the Law Society of Zimbabwe), was detained on 25 January by well - known members of the CIO at the Harare International Airport on his return from the World Social Forum in Kenya. Mr Tsunga was interrogated and released without charge on the same day.

In another matter, MDC members who went about putting up posters for a meeting which had been called for by the Combined Harare Residents Association were apprehended and suprisingly taken to ZANU PF Provincial offices in central Harare by alleged two CIO operatives. The victims were apparently heavily assaulted at the offices before being taken to Harare Central Police Station where they were subjected to torture. The Human Rights Forum condemns any acts of torture and urges the Zimbabwe Government to investigate, prosecute and discipline any private individuals, security officials or police officers for their role in the torture and abuse of citizens.

Totals: 1 January – 31 January 2007

The graph should be read along with the table depicting the monthly totals of violations for January 2007. The total quantifiable number of victims reported in January 2007 is 87 .

Key Abbreviations

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 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 in order to protect the victim from further violence, intimidation and possible recriminatory attacks.

The purpose of this report is to primarily record the nature of the politically motivated violence and intimidation that continues to prevail in the country. The Monthly Political Violence Reports are based on victims’ accounts, accompanied by medical evidence where possible, obtained from member organisations of the Forum and other partner organisations. Use is also made of press reports. Furthermore, from this edition we include reports on police violence in non - political matters. This serves to demonstrate the way in which violent actions of the state and state agents exceed their legitimate limits and powers; and which indicates an increasing and more widespread politicisation of violence. The Reports cannot 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 Forum is meticulously documented and included. 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 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 East

Sunday Mirror 14 – 20 January 2007

1 January 2007

∑ Artwell Magagada was shot and killed in the early hours of the New Year as he was going home after work. He was hit by a bullet allegedly fired by a police superintendent who was trying to disperse a crowd that was celebrating New Year’s Day outside the fast food outlet, Chicken Inn where the deceased worked.

17 January 2007

It is alleged that scores of students from institutions of higher learning in Bulawayo demonstrated against the arbitrary increases in tuition fees introduced by the government in late 2006. Among some of the students’ leaders arrested during the protests were Promise Mkwananzi (ZINASU President), Beloved Chiweshe (ZINASU Secretary General), Melward Makwenjere (ZINASU Legal Affairs Secretary), Emmanuel Nyoni (President UCE), Jonathan Magabathela (Finance Secretary NUST), Tafadzwa Chengewa (President Hillside Teachers College), Gladys Mukubvu (Finance Secretary Bulawayo Polytechnic) and Zwelithini Viki. The arrested student leaders were taken to Matopos Police Station, in a remote part of Matebeleland South where they were later released.

HARARE

Harare Central

10 January 2007

The two male victims allege that on the date in question they were arrested by two men at 4th Street Bus Terminus for putting up posters and distributing fliers advertising a public meeting that had been called by the Combined Harare Residence Association. The victims reported that two men in plain clothes approached them and told them that they were committing a crime by engaging in the activities mentioned above and were thus under arrest. The victims were reportedly taken to the ZANU PF Provincial offices close to 4th Street Bus Terminus. The two men who had apprehended the victims reportedly proceeded to give a report to their superiors at the ZANU PF offices. The senior ZANU PF officials reportedly extensively interrogated the victims and told them that they were going to be assaulted for engaging in MDC campaigns. The victims were allegedly told that the event they were advertising was firstly ‘political’ and therefore criminal because Nelson Chamisa (spokesman for the Tsvangirai led MDC faction) was going to be a guest speaker. Secondly, the victims were told that their activities were illegal because they were advocating for demonstrations against the Sekesai Makwavarara - led Commission running the City of Harare. The victims were also told that besides the advertisements being ‘illegal’ they were littering the City of Harare and thus liable to further charges. The ZANU PF leaders allegedly then instructed close to 50 ZANU PF supporters who were at the offices, to assault the victims. The ZANU PF members at the offices reportedly used various forms of torture tactics on the victims. They were beaten with clenched fists, booted feet, baton sticks and broomsticks. In addition, the assailants allegedly forced the victims to lie under a very short table, or forced them to lie on the floor and took turns to jump on them. The assailants also made the victims point a finger onto the ground and go round in circles using that finger as the circulating point until they felt dizzy. If the victims fell they would be assaulted. Some of the victims experienced excruciating pain when the assailants grabbed and pulled their genitals. The perpetrators allegedly stuffed newspapers in the victims’ mouths whenever they started screaming. The assault reportedly lasted about 45 minutes before the victims were handed over to police details stationed at the ZANU PF offices. Police from Harare Central Police station were later called and took the victims to the aforementioned police station. It is reported that the police from Harare Central Police Station forced the victims to remove their shirts and shoes before bundling them into their truck. It appears the victims were held at Harare Central Police Station for approximately two hours before they were made to pay Z$250 admission of guilt fines for contravening s 46 of the Criminal Law (Codification and Reform) Act [Cap 9:23].

17 January 2007

It is reported that on the day in question NCA members, who were coming from Chitungwiza for an NCA demonstration in the city center, were apprehended by three CIO operatives. It is alleged that the CIO operatives descended on the kombi in which the victims were travelling at 4^th Street bus terminus. One of the CIO operatives got into the kombi and reportedly commanded the driver to take all the passengers to Harare Central Police Station. The victims allege that when they got to Harare Central Police Station they were made to sit in an open spaced parking lot when it was raining heavily. The CIO operatives then allegedly started interrogating the victims on how long they had been members of the NCA and barraged them with other questions. The CIO operatives allegedly then started hitting all the victims with baton sticks and kicking them with booted feet. The victims were released around 19:00 hours, five hours after their arrest.

25 January 2007

It is reported that on the day in question around 12:30 hours approximately 500 NCA members gathered at ‘Copacabana’ Taxi Rank to commence a demonstration to protest the need for a new constitution. The NCA members reportedly marched from their meeting point towards the Parliament building where they wanted to lobby members of Parliament. However, it is alleged that just before they reached the Parliament buildings, members of the anti - riot police squad descended on them and asaulted them seriously as a way of dispersing them. Most of the demonstrators suffered various injuries ranging from swollen arms, bruises and head injuries mostly from falling and being hit by baton sticks.

Harare South

25 January 2007

It is reported that Arnold Tsunga (Director – Zimbabwe Lawyers for Human Rights and Acting Secretary of the Law Society of Zimbabwe) was detained at the Harare International Airport following his return from the World Social Forum in Kenya. On leaving the arrivals terminal at the airport, he was confronted by four men and escorted through into an office where he was detained and interrogated for a brief period. Mr Tsunga was released without charge. One of the men who confronted Tsunga is known to be a well - known CIO operative who is responsible for vetting people as they enter or exit the country.

Manicaland

Mutare West

The Standard 4 – 10 March 2007

28 January 2007

∑ It is alleged that state security agents guarding diamond fields in Manicaland have unleashed a reign of terror , shooting and assaulting villagers arrested for illegal mining in the area. Police on horseback, CIO agents, and youth militia have descended on the area allegedly declaring the mining fields of Chiadzwa ‘no go areas’. News reporters who went to the area for investigations reported that on 28 January around midnight, the police cordoned off the mining fields before throwing a search light over the area sending more than 30 illegal miners scurrying for their lives. In the ensuing milieu, one Modern Chibururu was shot in the left knee. The victim alleges that when he fell the police assaulted him severely and forced him to limp on one leg for one and half kilometres to their camp, with blood dripping from his injured knee. Another victim of police torture, Makinasi Matsvina was heavily assaulted until he could barely walk. This particular victim reported that a number of the people were apprehended and fainted during the assaults.

Mashonaland Central

Bindura

25 January 2007

The victim alleges that she went to Mupfurudzi Business Centre accompanied by her 6 year old daughter around 12:00hours hoping to attend a community meeting. However, when she got there she realised that the meeting had been organised by the ZANU PF leaders in the area. The victim was reportedly confronted by ZANU PF youths who asked her what she was doing at a ZANU PF meeting when her other daughter was an MDC councillor. She was allegedly pushed to the ground by one of the youths who then told her to go back home, which she did.

Midlands

The Daily Mirror 19 January 2007

Shurugwi

8 January 2007

∑ It is reported that a group of 22 women were arrested when they defied a police order turning down their three notifications of an intention to demonstrate. The women were reportedly demonstrating against their husbands’ poor remuneration at the Zimbabwe Mining and Smelting Company (Shurugwi Division). It is reported that the women confronted the police in Shurugwi demanding an explanation on why their applications had been turned down on the three occasions. The victims spent the night in police custody and were released the following day after paying $2 000 each fine for contravening provisions of POSA.

Mashonaland west

Kadoma Central

26 January 2007

The Zimbabwe Christian Alliance held a meeting to launch a chapter of the organisation in Kadoma. It is reported that the organisers had notified the police as required under POSA and several members of the Zimbabwe Republic Police were sitting in the hall monitoring the proceedings. During the course of the meeting, around 12:00 hours, armed police officers disrupted the launch and arrested eight members of the Christian Alliance and a video camera man, who was later released. The eight Christian Alliance members who were arrested are pastors Ray Motsi, Ancelom Magaya, Gerald Mubaira, Zvizai Chiponda, Watson Mugabe, Lawrence Berejena, Jonah Gokova and Pius Wakatama. The Christian leaders were charged with inciting the crowd attending the launch to engage in violent activities. The victims were then allegedly held in police custody until 29 January while awaiting trial.

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 2007 to 31 December 2007

Administrative Map of ZIMBABWE

Zambia

Mozambique

The Zimbabwe Human Rights NGO Forum (also known as the “Human Rights Forum”) is a coalition comprising 16 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

• Amnesty International (Zimbabwe) (AI (Z))

• Catholic Commission for Justice and Peace (CCJP)

• Gays and Lesbians of Zimbabwe (GALZ)

• Human Rights Trust of Southern Africa (SAHRIT)

• Legal Resources Foundation (LRF)

• Media Institute of Southern Africa (MISA)

• Media Monitoring Project of Zimbabwe (MMPZ)

• Nonviolent Action and Strategies for Social Change (NOVASC)

• Transparency International (Zimbabwe) (TI (Z))

• Zimbabwe Association for Crime Prevention and the Rehabilitation of the Offender (ZACRO)

• Zimbabwe Association of Doctors for Human Rights (ZADHR)

• Zimbabwe Civic Education Trust (ZIMCET)

• Zimbabwe Human Rights Association (ZimRights)

• Zimbabwe Lawyers for Human Rights (ZLHR)

• Zimbabwe Peace Project (ZPP)

• Zimbabwe Women Lawyers Association (ZWLA)

The Human Rights Forum can be contacted through:

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

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

Address: 8^th Floor Bluebridge North, Eastgate, Harare; Telephone: 263 – 4 - 250511 - Fax: 263 -4 - 250494

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

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