ZIMBABWE HUMAN RIGHTS NGO FORUM. POLITICAL VIOLENCE REPORT January 2006

Transcription

1 ZIMBABWE HUMAN RIGHTS NGO FORUM POLITICAL VIOLENCE REPORT January 26 2 March 26 A report by the Zimbabwe Human Rights NGO Forum

2 OVERVIEW The month of January was relatively quiet in terms of political violence. This can be attributed to a number of reasons. The split in the MDC, following a decision on 12 October 25, resulted in a prosenate and an anti-senate faction being formed with one faction fielding candidates in November 26 Senate Elections and the other deciding not to. This contributed to the decreased incidence of political violence in the period. This split undoubtedly gave the ruling ZANU-PF party the impression that there was no credible opposition with which to contend so giving the MDC space to continue with their very public and acrimonious disagreements. Another reason is possibly that there are no elections in sight at the moment so there is no need for campaigning. The trend is generally that political violence is greatly increased during election periods. 1 Despite the relative calm in the month, the right to freedom of expression was grossly violated by the state when Voice Of the People (VOP) trustees were aggressively sought after by the police. The right above is perennially violated by the state in its bid to silence dissenting views and alternative sources of information. The VOP trustees, who presented themselves to the police on 24 January 26, were said to be in contravention of section 7 (1) as read with paragraph (4) and (5) of the Broadcasting Services Act (BSA). In the process, two employees of one of the trustees, Mr. Arnold Tsunga, were arrested at his house and were detained without charge under the guise of obstructing the course of justice when the police were not able to find him. The two were unlawfully detained for more than the prescribed 48 hours and were not given food while in custody. The Forum urges the police and the Government to respect the rights to freedom of expression as enshrined in the Constitution. In a related incident, a reporter Sydney Saize, was reportedly arrested for breaching the Access to Information and Protection of Privacy Act (AIPPA) even though he was not practicing as a journalist. The charges were that he was practicing without accreditation as stipulated under AIPPA. The Forum continues to implore the Government to repeal or amend this restrictive legislation along with other repressive legislation including the Broadcasting Services Act (BSA) and the Public Order and Security Act (POSA) as highlighted in the Resolution of the African Commission on Human and Peoples Rights on the situation of human rights in Zimbabwe during its 38 th Ordinary Session in Banjul, The Gambia from 21 November to 5 December See our December 25 Monthly Political Violence Report 2

3 Totals: 1 January-31 January 26 abduction/ kidnapping assault attempted murder death threats disappearance displacement freedom of expression/ association/ mvt murder political discrim./intim./vict. property related rape school closure torture unlawful arrest unlawful detention The graph should be read along with the table depicting the monthly totals of violations from 1 January 26 to 31 January 26. The total quantifiable number of victims reported in January 26 is 13. 3

4 Key Abbreviations AIPPA Access to Information and Protection of Privacy Act BSA - Broadcasting Services Act CIO Central Intelligence Organisation MDC Movement for Democratic Change MP Member of Parliament ZPS Zimbabwe Prison Service NAGG - National Alliance for Good Governance NCA National Constitutional Assembly OVT Organised Violence and Torture POSA Public Order and Security Act PTUZ Progressive Teachers Union of Zimbabwe UMP Uzumba Maramba Pfungwe ZANU PF Zimbabwe African National Union Patriotic Front ZCTU Zimbabwe Congress of Trade Unions ZNA Zimbabwe National Army ZRP Zimbabwe Republic Police ZNLWVA Zimbabwe National Liberation War Veterans Association ZIMTA Zimbabwe Teachers Association 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 4

5 These are incidents in which property rights have been violated. This includes arson, property damage and destruction and theft. 5

6 Zimbabwe Human Rights NGO Political Violence Report: January 26 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 Harare Central 3 January 26 The National Constitutional Assembly (NCA) deputy spokesperson Last Maengahama was arrested and later released without charge by the police on the date in question. Police, who are linking Maengahama with a petrol bomb attack on a police officer in November last year, are also accusing him of inciting violence when he allegedly addressed an unauthorised meeting. Police details raided his offices and then took him away to a police station where he spent 8 hours in custody. 21 January 26 The two male victims report that they were at the house of one of the trustees of the radio station Voice Of the People (VOP), Mr. Arnold Tsunga, when 6 men forced entry into the yard and asked for the trustee by name. The two were allegedly pushed around and verbally abused. They were taken into a car and driven around Avondale before being taken to Harare Central Police Station. It was when they arrived at the police station that the victims realised that their assailants were members of the police force. They report being taken to the Member-In-Charge where they were asked again if they knew Mr. Tsunga, to which they replied that they knew him. They were allegedly assaulted with fists, open hands and booted feet on the back, head and on the sides of the stomach. They were reportedly detained for 3 days before being released without charges being preferred against them. The trustees presented themselves at the Harare Central Police Station on 24 January 26. The trustees were charged with contravening section 7(1) as read with paragraph (4) and (5) of the BSA for broadcasting without a license. The trustees signed warned and cautioned statements in relation to the investigation. They were released upon paying bail of Z$ 4 million each. The court case continues. 31 January 26 Four members of a student team carrying out research on Operation Murambatsvina were arrested around 14:3 hrs on the date in question. Lawyers secured their release without charge and therefore they were able to carry out their duties and continue with the research. Following up on the incident of arrest lawyers had to accompany the student researchers to the Hopely farm in order to seek permission to carry out the research. 6

7 Zimbabwe Human Rights NGO Political Violence Report: January 26 MANICALAND Mutare Central 18 January 26. It is reported that former Daily News and Eastern Star reporter, Sydney Saize was arrested on the date in question. Police said that they were still carrying out investigations but have not yet charged him with anything. The allegations by the police are that he was practising without being accredited. Saize s lawyer however reported that Saize was not practising at the moment. He was detained at Mutare Central police Station. Mutare Central 8 January 26 The male victim was allegedly assaulted by ZANU-PF youths. He was assaulted with stones and his head banged against a wall. Mutare North 8 January 26 Two male victims were allegedly assaulted by ZANU-PF supporters. The first victim was reportedly assaulted on his arm with a shovel and the second one was allegedly assaulted by the perpetrators using barbed wire. He reports that he was further kicked and punched on the face. Mutare West 8 January 26 A male victim claims that he was assaulted by some ZANU-PF members in Marange area. He was assaulted with an iron rod. MASHONALAND EAST Marondera East 14 January 26 The male victim reports that on the day in question he was at Gombo shopping centre where he wanted to buy some supplies. He was allegedly spotted by ZANU-PF activists who started assaulting him because they knew that he had been elected MDC Chairperson of the area during MDC elections that had just been held. They allegedly assaulted him all over the body. 7

8 Zimbabwe Human Rights NGO Political Violence Report: January 26 Full alphabetical list of reported deaths related to political violence 1 January 25 to 31 December 25 recorded indicating name, political affiliation, date of death, constituency and province. TOTAL: MAIN EVENTS 26 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 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 26 to 31 January 26 January Assault 7 Abduction/ kidnapping Attempted murder Death threats Disappearance Displacement Freedom of expression/ass/mvt 7 Murder Political Discrim/vict/intim 7 Property related Rape School closure Torture 3 Unlawful arrest 8 Unlawful detention 8 8

9 ADMINISTRATIVE MAP OF ZIMBABWE Zambia Botswana Mozambique South Africa 9

10 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 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 Legal Resources Foundation (LRF) (formerly the Legal Unit of the ZHRF.) Member organisations of the Human Rights Forum are: Amani Trust (AT) 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 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 any member organisation or through: The Administrator, P O Box 977, Harare admin@hrforum.co.zw The Public Interest Unit, P O Box 977, Harare legal@hrforum.co.zw The Research Unit, P O Box 977, Harare research@hrforum.co.zw Address: 8 th Floor Bluebridge North, Eastgate, Harare; Telephone: Fax: The International Liaison Office,56-64 Leonard Street London EC 2A 4JX IntLO@hrforumzim.com Telephone Website: Previous reports of the Human Rights Forum can be found on our website. 1