OVERVIEW

After promises of changing the political environment especially in recognition of the Southern African Development Community (SADC) mediation initiative between the ZANU PF and the two MDCs, politically motivated violence, and use of force by state security agents in Zimbabwe continued in September albeit at reduced levels compared to August 2007. In separate responses to the concerns raised by civil society and the MDC on politically motivated violence, the Government of Zimbabwe (GoZ) through the Minister of Home Affairs, Kembo Mohadi¹ and President Mugabe,² noted that any allegations of violence after the 11 March 2007 incidents were false. However, the Zimbabwe Human Rights NGO Forum (Hereinafter The Forum) contends that the year 2007 has been the worst and evidence to corroborate these allegations is available. In April 2007, the Forum recorded 10 cases of torture. In May there were a total of 373 cases of politically motivated human rights violations. June and July were marked with high numbers of forceful dispersion of demonstrators by the police leading to unlawful arrests and detentions.

In this report the Forum notes that the month of September was characterised by a systematic wave of human rights violations against various groups of citizens agitating for attention from the GoZ on a myriad of issues concerning inter alia, the provision of education, the need for a people driven constitution and other issues linked to economic and social rights. The Forum strongly believes that the issues for which people are advocating are not in any way criminal and the people who represent such constituencies deserve to be heard by the GoZ.

This report records that in the month of September there were 29 cases of violations on the freedoms of association, expression and movement. A total of 86 cases were recorded for unlawful arrest and detention against citizens who were demonstrating, attending meetings or simply belonging to an organisation that was deemed to be propagating information considered to be criminal by the police. Some of these violations were perpetrated against members of the ZCTU who had planned on holding a 2-day stay away on 19 and 20 September to protest a proclamation by President Mugabe that there would be a salary and wage freeze in 2007.

The Forum notes with deep concern the continued harassment, intimidation and torture of students in higher and tertiary education institutions by state security agents acting in concert with security officers from the different institutions. This report also details the level of victimisation that students’ institutions of higher and tertiary learning continue to endure for questioning the GoZ on such issues as the availability, accessibility and quality of education in Zimbabwe.

Totals: 1 September – 30 September 2007

Cumulative Totals: 1 January – 30 September 2007

The graph should be read along with the table depicting the monthly totals of violations for September 2007 on page 16.

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, its members and 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 as state officials include the ZRP, ZNA,

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, ZNLWVA, ZNA, ZPS and the ZNLWVA (as a reserve force of the ZNA).

Disappearance:

Kidnapped persons whose whereabouts remained unknown at the time of reporting.

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 Forum and other partner organisations. Use is also made of press reports.

The Report 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 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 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

18September 2007

Magodonga Mahlangu, a member of WOZA was arrested by members of the ZRP Law and Order Section whilst shopping in the city centre in Bulawayo. She was subsequently detained for one night at Bulawayo Central Police Station. Two other members of WOZA, Rosemary Siziba and Sitshiyiwe Ngwenya, were arrested on the same day in Bulawayo. The two were allegedly picked up from their homes at night. Rosemary Siziba was with her one and half year old daughter. It is alleged that Mahlangu was threatened with death whilst in Bulawayo Central Police Station. All the three women were charged under the Criminal Law (Codification and Reform) Act – Section 140 - malicious damage to property and section 143 (b) – the crime of malicious damage to property or negligently causing serious damage to property. The police reportedly charged the victims with marking roads in Bulawayo with inscriptions such as ‘choose love over hate’, a campaign which WOZA has been undertaking. However, the victims argued that there was no reasonable evidence to link them to the alleged crime.

Harare

Harare Central

05 September 2007

The victim reports that he was arrested at Albion/Mbuya Nehanda Commuter bus rank while calling out for passengers to board his commuter bus by close to six plain - clothes police officers who forced him and 20 other of his colleagues into a commuter omnibus. The police officers reportedly told them they had been arrested for touting for passengers. The group was driven to Harare Central Police Station where the male victim was forced to remove his shoes, handcuffed and assaulted with a shambock. He was later forced to squat with his head on the floor but he could not due to the injuries he had sustained during the assault. He was detained for two days and released on a $40 000 fine.

Zimonline, 15 September 2007

Harare Central

14 September 2007

∑.Police reportedly broke up a peaceful demonstration by members of an organisation called the Restoration of Human Rights Zimbabwe (ROHR Zim) in Harare Central Business District. The police reportedly assaulted eleven members of the group before they were taken to Harare Central Police Station. Other members of the group, who were part of the demonstration, managed to flee thus avoiding arrest. The group was demonstrating against the worsening economic situation in the country.

Zimonline, 19 September 2007

18 September 2007

∑. Members of the ZRP reportedly raided the offices of the ZCTU at Charter House in Harare on the eve of a mass job action for which the trade union body had called on 19 and 20 September. The police were reportedly looking for the Union’s Secretary General Wellington Chibebe for questioning on the proposed job action. Three other ZCTU members, Wilson Gambanje, Charles Chikozho and Isaac Tebetebe were reportedly arrested that same morning.

20 September 2007

Memory Kadau, an intern with the lobby group Crisis in Zimbabwe Coalition, was arrested whilst manning the Coalition’s stand at the Non Governmental Organization (NGO) Expo held in the Harare Gardens from 19 – 22 September. She was arrested around 15:50 hours and spent the whole night in cells at Harare Central Police Station and was released the following afternoon. Kadau was arrested by three plain - clothes police officers from the Harare Central Police Station’s Law and Order Section. They accused her of distributing material that denigrated President Robert Mugabe. The police also accused the Crisis Coalition of allegedly abusing the late national hero and Zimbabwe African National Liberation Army Chief, General Josiah Magama Tongogara by using his pre-independence speech on free and fair elections on the organisation’s banner. The police confiscated the banner and other materials of the Coalition and took them to Harare Central Police Station. Kadau was reportedly subjected to intensive interrogations and the police officers threatened to beat her up if she failed to disclose the whereabouts of the Crisis in Zimbabwe Coalition’s leadership.

Zimonline, 1 October 2007

28 September 2007

∑.A journalist, James Jemwa and two actors Antony Tongani and Slyvvanos Mudzova were reportedly arrested in Harare at the Theatre in the Park during the performance of a political satire entitled Final Push. The title of the play is taken from the opposition MDC’s planned protest march in 2003, which was thwarted by the police. Two plain - clothes police officers, who were in the audience at the beginning of the play, allegedly went back stage midway through the play and dragged the two actors to a waiting police truck. The journalist who was filming the play was also arrested after he went backstage to enquire about the commotion there. The three were reportedly detained at Harare Central Police Station for two days.

SW Radio Africa, 28 September 2007

28 September 2007

∑.It is reported that Raymond Majongwe, received death threats from suspected CIO agents for calling for a teachers' strike that went on for close to three weeks. Majongwe, who heads the Progressive Teachers Union of Zimbabwe (PTUZ), was reportedly threatened at his home and has received threatening telephone calls from strangers. On the night in question, Majongwe allegedly received a phone call from a male voice on a mobile number warning him that his death was imminent. Apparently Majongwe’s wife and children have also received threats from unknown people since the strike commenced.

Harare North

5 September 2007

Shadreck Vengesai, a University of Zimbabwe (UZ) student, was arrested on campus for distributing fliers encouraging students to demonstrate against the University administration over the accommodation crisis at the UZ. He was detained at Avondale Police Station and released on the same day.

18 September2007

Two student leaders from the University of Zimbabwe, Lovemore Chinoputsa (Students Representative Council President) and Fortune Chamba (SRC Legal and Academic Affairs Secretary), were arrested after addressing students and protesting the refusal by the Vice Chancellor Professor Levy Nyagura to abide by a court order ordering him to reinstate the students in their halls of residence. The two student leaders were detained overnight at Avondale Police Station before being taken to Harare Central Police Station Law and Order Section where they were finally released after being warned to desist from the activities for which they had been arrested.

ZimOnline, 24 September 2007

Hatfield

22 September 2007

∑. Suspected ZANU PF youths reportedly assaulted and harassed the residents of Epworth in a bid to force them to attend a ZANU PF meeting which was being held in the area. Furthermore, a commuter omnibus that was ferrying commuters home was reportedly stopped by the youths and the commuters were coerced into attending the ZANU PF meeting. Commuters who refused to comply were reportedly assaulted by the youths. It is also reported that shops in the area were forced to close for the day as the ZANU PF youths also assaulted shoppers in the local stores.

The Financial Gazette, 20-26 September 2007

Kuwadzana

13 September 2007

∑. Members of the ZNA attached to the Price Control Task Force, reportedly assaulted and harassed vendors and residents who were at the Kuwadzana 4 shopping centre. It is alleged that a number of families had to flee their homes as the soldiers followed them there. One of the identified victims, a 70 - year old pensioner, Mr Kambadza was allegedly assaulted by the soldiers on allegations that he was selling bread at the black market price outside his home. The army officers reportedly confiscated goods from the vending stalls after the owners had fled.

Zimonline, 18 September 2007

Mbare

17 September 2007

∑. Tennyson Muchepfa, Michael Kandukutu and Mucheni all members of the ZCTU were reportedly assaulted and arrested by suspected CIO officers in the Workington industrial area of Harare. . The three were picked up whilst distributing fliers that were advertising the proposed ZCTU stay away on 19 and 20 September. They were taken to Mbare Police Station and later on transferred to Harare Central Police Station where they were kept in police custody. The victims were reportedly denied access to food and legal representation

Manicaland

The Financial Gazette, 20-26 September 2007

September 2007

∑. It is reported that members of the CIO threatened workers at Border Timber Limited (BTL) as well as workers at Karina Textiles (KT) with unspecified action if they participated in the ZCTU proposed stay away. The state agents allegedly convened and addressed the workers of the two companies in Mutare and warned them not to take part in the proposed strike. At BTL the state security agents are reported to have met with the company management and instructed them to censure any of their employees who heeded the calls for the stay away. The company’s management responded by issuing a memorandum stating that disciplinary action would be taken against any employee who participated in the stay away. The workers at BTL and KT have reportedly shown solidarity with ZCTU in the past.

Mashonaland Central

Zimonline, 7 September 2007

Chiweshe

07 September 2007

∑.Grain Marketing Board (GMB) officials, together with some members of the National Youth Service reportedly forced some residents of Chiweshe communal lands to sell their maize to the GMB at below market rates. It is alleged that the National Youth Service members and GMB officers raided some homes in the communal area demanding that the villagers sell their surplus grain to the GMB. The Chiweshe area had a better harvest than most parts of the country where rains were erratic. The villagers were reportedly selling their maize to private buyers who were offering nearly three times more than the GMB.

Masvingo

Zimonline, 2 October 2007

Gutu North

25 September 2007

∑. Tecla Mumbengegwi, the wife of Zimbabwe’s Finance Minister Samuel Mumbengegwi faces murder charges after being accused of leading a group of soldiers that fatally assaulted a Masvingo villager for allegedly stealing from the Minister’s farm. She was arrested with about 10 soldiers based at 42 Infantry Battalion in Gutu who were her alleged accomplices in the assault that led to the villager’s death. The soldiers were remanded in police custody. Mumbengegwi, who had earlier reported to the police that property from her farm near Mupandawana Growth Point had been stolen, reportedly enlisted the soldiers’ help after complaining of slow progress in the police investigations. Angered by the slow pace of the investigations, Mumbengegwi reportedly teamed up with the soldiers and collected the suspect from his home before taking turns to beat him up.

Masvingo Central

13 September 2007

Great Zimbabwe University student Ogylive Makoya was arrested at the University campus and detained for three days at Masvingo Central Police Station. The student had been on the police’s wanted list after disturbances that occurred on campus during the orientation week. He was accused of being part of the group of students who assaulted a student aligned to the Zimbabwe Congres of Students Union (ZICOSU) a grouping that is allegedly linked to ZANU PF during orientation.

SW Radio Africa, 27 October 2007

25 September 2007

∑. Suspected ZANU PF supporters reportedly assaulted Masvingo residents indiscriminately prior to the MDC’s 8th year Anniversary celebrations in the city. It is alleged that Masvingo South Zanu PF legislator Walter Mzembi, was responsible for organising the groups of ZANU PF supporters that carried out the assaults. The attacks are reported to have been aimed at deterring the Masvingo residents from attending a public meeting that had been organised by the Youth Forum at the Charles Austin Theatre.

Zimonline, September 2007

28 September 2007

∑. It was reported that ZNA officers and CIO officers overseeing food aid distribution were allegedly denying food to opposition supporters as punishment for not backing the ruling ZANU PF party. State security agents that were deployed at the Grain Marketing Board (GMB)’s depots countrywide had reportedly taken over the vetting of beneficiaries with known opposition supporters denied food aid. It is reported that some opposition supporters in Masvingo were turned away at GMB depots and told to go and get food from the MDC.

28 September 2007

Suspected ZANU (PF) youths allegedly disrupted a public meeting organised by the Youth Forum in Masvingo. Hordes of ZANU (PF) youths are said to have invaded Charles Austin Theatre Hall at around 16:00 hours when the Vice President of the Zimbabwe National Students Union (ZINASU), Gideon Chitanga was delivering his address. The youths, who are members of the Zimbabwe Congress of Students Union (ZICOSU), a government aligned student’s body started hurling abuse and insults at Chitanga before ordering everyone out of the hall. The police then arrested 11 youths who were attending the meeting including Maddock Chivasa (NCA Spokesperson) who was also one of the speakers, Edson Hlatshwayo (Great Zimbabwe University Student Executive Council Secretary General) and Wellington Zindove, (Programmes Coordinator of the Youth Forum) who were the organisers of the public meeting. The 11 arrested were detained at Masvingo Central Police Station over - night. The following morning 8 of them were released without any charges. The other three Chivasa, Hlatshwayo and Zindove, remained in custody. Chivasa was facing charges of undermining police authority while Hlatshwayo was being held on allegations that he had assaulted college guards two weeks earlier. Wellington Zindove was held on allegations that he had organised a platform to attack the government. Masvingo police had cleared this meeting under the provisions of POSA.

29 September 2007

Police in Masvingo arrested two student leaders from Great Zimbabwe University. The two, Whitlow Mugwiji, (President of Great Zimbabwe University) and Courage Ngwarai, (SRC member) who had spent 3 nights in police cells the previous week were arrested after skirmishes with the campus security. Whitlow Mugwiji was charged with trespassing, whilst Courage Ngwarai was charged with malicious injury to property. They were detained at Masvingo Central Police Station. The skirmishes started when the security guards threatened the student leaders with violence, apparently because they were coming from a ZINASU meeting, which was discussing the cadetship program. The two were in the company of other general council members from the Zimbabwe National Students Union (ZINASU) when the chaos ensued. The other student leaders, who included Mehluli Dube and Zwelithini Viki, escaped but were briefly detained after they had taken food to their incarcerated colleagues. All the arrested were later released.

Matebeleland South

Gwanda North

29 September 2007

Plain - clothes officers, from the Law and Order Section of the ZRP arrested the National University of Science and Technology (NUST) SRC Vice President Mehluli Dube and subsequently charged him with treason whilst attending an All Stakeholders Constitutional Conference at the Trade Fair Grounds in Bulawayo. The charges of treason stem from alleged subversive statements Dube reportedly made at a Crisis Coalition meeting held in Gwanda.

Midlands

Gweru urban

11 September 2007

The male victim reports that he was assaulted by members of the army, police and ZANU PF supporters while drinking at Senga Beer hall. He reports that he was assaulted because he played a song on his portable radio that was said to have denigrated the person of the President o Zimbabwe, Robert Mugabe. He believes he was also assaulted because the assailants found some MDC cards on him. The victim was reportedly dragged out of the bar and further assaulted by a group of about 5 men before being taken to Senga Police Sub Post. The police officers reportedly transferred the victim to Gweru Central Police Station but he lost consciousness on the way. When he regained consciousness a few hours later he had been dumped by the police along the Harare highway.

The table below and the graphs on page 4 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 30 September 2007

Administrative Map of ZIMBABWE

Zambia

Mozambique

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 to assist victims of organised violence and torture claim compensation from perpetrators through its Public Interest Unit.

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))

• Women of Zimbabwe Arise (WOZA)

• 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 any member organisation or 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: 8^th 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.