OVERVIEW

The month of September was characterised by the brutal assault of ZCTU members and other civil society activists on 13 September by the police, Army and CIO operatives. The ZCTU organised country-wide demonstrations protesting amongst other issues, that minimum wages and salaries be linked to the Poverty Datum Line (Z$ 100 000), that anti-retroviral drugs be made easily accessible and affordable, and that the income tax band be reduced to a 30% maximum. The protests occurred in Harare and Mutare. In Harare, demonstrations were held in the city centre where 15 members of the ZCTU were arrested and seriously tortured at the infamous Matapi Police Station. The police thwarted another demonstration at Willowvale Industrial Area through the use of excessive and unwarranted force. In Chitungwiza ZCTU demonstrators were arrested and detained overnight at Makoni Police Station. The victims were heavily assaulted and only released after they had paid Z$250 admission of guilt fines. The Human Rights Forum notes with dismay that the police continue to use excessive force in harassing and thwarting civic protests. The Forum reiterates the plea that we have made in other reports and fora that the police should exercise professionalism and use minimum force when dealing with civilians.

Closely linked to the assaults on the ZCTU members, the Human Rights Forum notes with concern that President Robert Mugabe condoned the assault on the ZCTU members in a speech delivered during a stopover in Cairo from his visit to the United Nations in New York. The President said

…the police were right in dealing sternly with the ZCTU leaders.¹

He also added that;

Some people are now crying foul that they were assaulted, yes you get a beating…when the police say move, move, if you don't move, you invite the police to use force.

In a matter related to the ZCTU demonstrations, approximately 200 NCA members were assaulted at the Africa Unity Square in Harare by the police on 25 September for protesting for a new constitution and denouncing the police attacks on ZCTU members.

In Manicaland, approximately 180 NCA activists were arrested and severely assaulted by the police for demonstrating in Mutare City Centre. The activists were reportedly held at Mutare Central Police Station and rural police stations. All the arrested activists were released after paying Z$ 250 admission of guilt fines.

Over the years, the Human Rights Forum has discerned a highly disturbing trend by the police, the CIO and the Army assaulting and torturing people in the course of carrying out their investigations in incidents that are not politically motivated. The unbridled power the police appear to have been given by the state to deal with alleged political offences seems to be spilling over into their handling of non-political matters. In three cases, two in Harare and one in the Midlands the perpetrators have been identified by the victims. The Human Rights Forum urges the various organs of state security noted in this report to take cognisance of the fact that torture is a crime and has been outlawed internationally. Moreover in a number of international treaties that are applicable to Zimbabwe, including the African Charter on Human and Peoples Rights, the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights, torture is prohibited no matter what the circumstances are. Although Zimbabwe is not yet party to the Convention against Torture, its provisions are reflective of norms of international law. This implies that the obligation to proscribe torture is legally binding on Zimbabwe despite the fact that we have not yet ratified the Convention. Thus, those who continue to commit crimes of torture should know that they stand to be held accountable in international courts if the Zimbabwean Government fails to prosecute or investigate their alleged crimes.

In Mashonaland East, where a by-election was scheduled for 7 October, it is alleged that about 50 ZNA personnel attacked MDC supporters who were on a door-to-door campaign. The soldiers are reported to have been using two army trucks with registration numbers 114 HC/05 and FDE 153. The Human Rights Forum urges the state to bring those found culpable of violating human rights violations to book.

In this month’s report we have included tables that highlight the injuries suffered by particular individuals involved in the ZCTU demonstrations. This has been necessitated by the need to show the level and brutality of the attacks on the victims.

We would also like to mention that whilst we strive to produce our reports timeously, any delays in the production of the reports are generally due to our need to verify cases and ensure we produce and report accurate information.

Totals: 1 September 2006 – 30 September 2006

Cumulative Totals: 1 January 2006 – 30 September 2006

The graph should be read along with the table depicting the monthly totals of violations from 1 January 2006 to 31 August 2006. The total quantifiable number of victims reported in September 2006 is 562.

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

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. 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 ∑.

bulawayo

Bulawayo East

24 September 2006

∑.Corporal Nkululeko Moyo - Mangena died on 24 September due to injuries allegedly sustained during three months of interrogation in detention at Bulawayo 1 Brigade Barracks. Moyo - Mangena was reportedly arrested by the Zimbabwe National Army military police in June 2006 for illegally draining petrol from a Major William Ndlovu’s car. The victim was due to be released on 21 September 2006. Army spokesperson Colonel Tsatsi reported to Moyo - Mangena’s family that he had died of natural causes. Moyo – Mangena’s relatives were not allowed by the Army to wash the deceased’s body as per tradition that, before burial, the deceased’s relatives wash his body. Moyo - Mangena’s family reportedly argued that the army denied them the right to wash or view the deceased’s body because they did not want them to see the injuries the victim had sustained whilst he was in detention at the hands of his fellow army officers.

Harare

Harare Central

05 September 06

The victim was arrested by the police at his workplace, (Live Wire Club) on suspicion of having stolen a television set at the same workplace. The police detained him at Harare Central Police Station. The police did not record any statement from the victim until 7 September. The victim claims it is on this day, around 15:30hrs during questioning by the police, that he was assaulted by a baton stick under the feet (falanga) by the interrogating officer, one Kagande. He was only taken to court on 9 September. It is alleged that the television set was later recovered from a street kid who had stolen it. The case has now been withdrawn by the police but the victim has been dismissed from his employment.

9 September 2006

Beloved Chiweshe, (Secretary General of the Zimbabwe National Students Union), Milward Makwenjere, (President of the Bulawayo Polytechnic), Gideon Chitange, George Makoni, Fungai Mageza, Lawrence Mashungu, Clayton Njova and Terrence Chimhavi were arrested and taken to Harare Central Police Station by armed anti-riot police whilst having a meeting at Palm Lodge in Harare. These student leaders were working on a petition on behalf of the Zimbabwe National Students Union to seek the Government’s attention on the accessibility and affordability of tertiary education to all Zimbabweans. The police reportedly claimed that they wanted to question the students’ leaders on their involvement in the demonstrations that had been planned by the ZCTU for 13 September 2006.

11 September 20006

107 WOZA women were arrested during a march to Town House. The women had been carrying objection letters and placards with them to Town House. Their demands were for better service delivery in Harare, more affordable rates and the dissolution of the Commission that is currently running Harare City Council. The women were met at the entrance to Town House by police and were arrested. Five police trucks were seen ferrying those arrested to Harare Central Police Station. At the police station, it is reported that the group of women and babies was split between six stations in Harare: Braeside, Mbare, Glen Norah, Highlands, Chitungwiza and Central. It is alleged that some of the women were tortured during detention. It is further reported that a pregnant woman amongst those arrested went into labour and was rushed to Parirenyatwa Hospital where she is reported to have later given birth.

56 women required medical treatment for bruises and skin diseases acquired in detention and upper respiratory tract disorder. Many are exhibiting signs of mental distress.

13 September 2006

On 12 September around 17:00 hours, the victim received a phone call from the police asking him to report to Harare Central Police Station CID Homicide offices on Wednesday 13 September 2006. The following day the he went to Harare Central Police Station where he saw a Mr. Gazera who questioned him on a murder case that had happened on 19 August 2006 at Tafara, a high - density suburb in Harare. The victim claims that on 18 August 2006 he assisted one Francis and another man, only identified as the Malawian driver whose goods had been stolen from his truck, to get to Mabvuku Police Station using his car. Francis and the Malawian driver reported the theft to the police at Mabvuku and the victim left for his home. He alleges that the police at Mabvuku called him after approximately 45 minutes that same night to assist them with his car so that they could go and find the suspected thieves. He complied and went back to the police station. The victim took the police officers around all the places they suspected they would find the suspected thieves. The police finally caught up with the suspected thieves who surrendered the stolen goods to them. The victim was then asked to take the suspected thieves to Mabvuku Police Station, whereafter he went back to his home. The Mabvuku police have initiated investigations against the victim on allegations of murdering one of the thieves who stole from the truck belonging to the Malawian. On the day in question, the police questioned the victim on the alleged murder. Failing to be convinced by his testimony, the police officers tortured him for close to an hour using baton sticks. On 15 September, the police took a statement from the victim before releasing him. He is awaiting further communication from the police.

13 September 2006

The Zimbabwe Congress of Trade Unions (ZCTU) held demonstrations mainly in the city Centre of Harare, Wilowvale Industrial Arte as well as Chitungwiza. Details of what took place in these different areas are outlined below.

The leadership and some members of the Zimbabwe Congress of Trade Unions (ZCTU) including Lovemore Matombo, Lucia Matibenga, Wellington Chibhebhe, George Nkiwane, Rwatipedza Chigwagwa, Moses Ngondo, James Gumbi, Dennis Chiwara, Toendepi Shonhe, Tichawona Basket, Tonderai Nyahunzvi, Tererai Todini, Steven Mutera, Ian Makone and Nqobizitha Khumalo were arrested by the police in Harare City Centre and taken to Matapi Police Station for staging a demonstration. The 15 were detained at Matapi Police Station where they were heavily assaulted. Attempts to provide medical and legal assistance to the victims proved fruitless on that day. The following day, the victims were transferred to Harare Central Police Station. Whilst at Harare Central Police Station medical doctors asked one police officer for permission to examine the victims. The police officer told them that he had to seek permission from a senior police officer. However, whilst they waited, the same police officer was overheard ordering other police officers that the victims be taken back to Matapi Police Station. The victims were taken back to Matapi Police Station where further requests for medical assistance were denied. The victims were only taken to Parirenyatwa Hospital at 21:00 hours under heavy guard by officers from the regular uniformed and the anti-riot police, all armed with rubber batons following a court order which had been served on the police that morning. Three of the victims were recommended for admission to Parirenyatwa Hospital. However, only Wellington Chibhebhe was deemed by the police as needing urgent medical attention. The rest of the victims were taken back to Matapi Police Station in the same condition.

On 15 September the victims were taken to Harare Magistrates Court where they were charged under the Criminal Law (Codification and Reform) Act Section 37 1 (a) i & ii for participating in a gathering with intent to promote public violence, breaches of peace or bigotry. All except Wellington Chibhebhe, who was in hospital, were released on Z$20 000 bail. On Saturday 16 September court was held on location at Parirenyatwa Hospital for Chibhebhe for the same charges and he was released on free bail.

Injuries sustained by the 15 victims are detailed in the table below.

Table 1

WILLOWVALE INDUSTRIAL AREA

On the day in question, ie 13 September 2006, members of the ZCTU engaged in a demonstration at High Glen Shopping Centre. As the group marched towards the Willowvale Industrial Area, a commuter omnibus approached them. Approximately 20 uniformed and armed police officers disembarked from the vehicle and ordered them to sit down. Some of the police officers fired warning shots into the air and hurled verbal insults at the demonstrators. The police accused the ZCTU members of demonstrating illegally and violating the Public Order and Security Act (P.O.S.A). The group was assaulted by police using baton sticks, rifle butts and booted feet. The group alleges that whilst they were being assaulted a B1800 pick-up truck arrived at the scene carrying more police officers who joined in attacking the victims. After the assault that lasted approximately 30 minutes, the victims were ordered by the police to go home.

Below are some of the identities of the victims who were assaulted and tortured by the police. The victims had different injuries ranging from swollen and bruised shoulders, buttocks, backs and feet from the baton stick and booted-feet beatings by the police.

Injuries sustained by some of the demonstrators are detailed in Table 2 below.

Table 2

THE CHITUNGWIZA INCIDENT

19 ZCTU members were arrested on 13 September 2006 whilst staging a demonstration around 14:00 hours. The police ordered the victims to get into the police vehicles and drove them around Chitungwiza aimlessly before taking them to Makoni Police Station. The victims were heavily assaulted, tortured and detained overnight. The victims were then released on 14 September around 15:00 hours after paying $250 admission of guilt fines.

Below are the names of some of the victims from Chitungwiza who were assaulted and tortured by the police.

Table 3

20 September 2006

Two NCA activists were allegedly assaulted when they attempted to hold a protest march. One of the victims reports that on the day in question she, together with other NCA members, was about to demonstrate when a group of men approached her and ordered her to accompany them into a building. She was then assaulted with fists and whips. She was struck all over the body especially her head and right arm. This took about 5 minutes before she was told to leave. After that she went back to the NCA offices. The other victim reports that the march started at 4^th Street bus terminus. As soon as they started chanting and singing, Zanu PF youths allegedly attacked them and threw stones and bottles at them. The victim alleged that he was apprehended and taken to the Zanu PF Harare Provincial offices. There the Zanu PF leader assigned the victims to a room underground and he was assaulted by over 20 people, including other people who were also brought into the room. The victim alleged that he was released at around 16:30 hours.

25 September 2006

On the day in question, approximately 200 NCA members, protesting for a new constitution and denouncing the police attacks on ZCTU members on 13 September, gathered at Copacabana Tavern and proceeded towards the city centre. At the intersection of Samora Machel Avenue and Sam Nujoma Street the demonstrators were stopped by members of the ZRP. The police then force - marched the demonstrators to Africa Unity Square. When they got to the Africa Unity Square, the NCA members were assaulted by the police with baton sticks before being told to go home. Many of the NCA members incurred injuries as a result of the stampede that ensued when they were trying to flee from the police.

Manicaland

Mutare Central

09 September 2006

The ZINASU Executive Committee consisting of Promise Mkwananzi, Lynette Mudehwe, Samuel Mangoma, Mellisa Ndlovu, Tellington Kwashira and Makomborero Phebeni were arrested and detained at Wise Owl Hotel where they were holding a meeting. The group was made to pay a fine for breaching Section 41 of the Criminal Law (Codification and Reform) Act in that they engaged in disorderly conduct. They had been initially detained for holding a meeting without notifying the police

20 September 2006

180 National Constitutional Assembly (NCA) activists consisting of elderly women and students were arrested and severely assaulted and some tortured by the police for demonstrating in Mutare City Centre. The activists were reportedly held at the Mutare Central Police Station grounds and Mutare Rural Police Station. All the arrested activists were released after paying $250 admission of guilt fines.

Below is a summary of injuries that were sustained by some of the demonstrators who were attended to by medical professionals.

Table 4

Buhera South

25 September 2006

∑. A group of people led by an alleged ZANU PF supporter and war veteran known as Gapu reportedly burnt huts belonging to Veronica Bingwiza, who is the MDC Women’s Assembly Chairperson in Buhera South. All of the victim’s property was destroyed and she was injured on the left ear in the alleged attack.

Mashonaland East

Chikomba

17 September 2006

∑. About 50 ZNA personnel reportedly attacked MDC supporters who were on a door-to-door campaign for the Chikomba by-election scheduled for 7 October 2006. The seat was left vacant after the death of Tichaona Jokonya who was also the Minister of Information and Publicity. The soldiers were allegedly using two Army trucks with registration numbers 114 HC/05 and FDE 153. The soldiers are reported to have ordered the MDC supporters, who were on the campaign, to remove their party t - shirts. It is alleged that when the MDC supporters refused to remove the t - shirts, the soldiers forcibly removed and tore them into pieces. Some of the MDC supporters whose t-shirts were torn were identified as Beaven Mujati Mapuranga, Garikai Mwendizvo and Joseph Makore Nherera. It appears the MDC supporters made a report to Chivhu Police Station leading to the arrest of the soldiers.

Midlands

Gokwe North

28 September 2006

∑. Pedzisai Chilimanzi and Wellington Chilimanzi, both of Kamakuyu village, were allegedly assaulted by police based at Nembudziya Police Station. It is reported that the two were overheard on September 20 by a CID detective by the name Maenzaniso, talking about who they thought was going to win the Rural Council elections scheduled for 28 October 2006. Maenzaniso reportedly ordered them to go with him to Nembudziya Police Station, accusing them of saying words that insulted President Mugabe. The victims refused. On the day in question, the two were visited by policemen named Madamombe, Shiri and Chinake at Chitekete Business Centre. They were forcefully dragged into a COTTCO truck going to Nembudziya. At a place called Zhomba, Madamombe allegedly used his hands to beat Pedzisai in an attemept to force him to admit the allegation that he insulted the President. The two were seriously assaulted at Nembudziya Police Station by Madamombe who forced them to lie on the floor and he continuously beat them using an iron bar. On Friday 29 September, Madamombe took them to room 27 where he again beat them using the same iron bar. On Saturday, Shiri wrote a docket which accused the vicitms of insulting the President and the police. They were remanded in the cells until 2 October 2006 when they were taken to Gokwe Magistrate’s Court. A public prosecutor named Ngwenya is alleged to have dismissed the case as lacking merit. The victims did not appear in court, resulting in the police releasing and ordering them to go home.

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 September 2006