A summary of the legal situation facing all the abductees

This summary update on the legal situation facing all the abductees comes via Veritas:

Last 3 Abductees Released on bail:

Andrisson Manyere, Gandhi Mudzingwa and Chris Dhlamini have been at last released on bail. Justice Hungwe had granted them bail on 9th April, but the State immediately blocked their release by notifying its intention of appealing to a judge of the Supreme Court against bail. But the State appeal was not lodged within the 7 days stipulated by law. In an unfolding legal drama, although the State managed to get the required permission to appeal, this was not obtained in time and the three had already become entitled to their liberty and they were released on bail on Friday evening. So, on this occasion at least, the delays that have dogged these cases worked in favour of the abductees.

Update on Peace Worker Abductees

Jestina Mukoko and Broderick Takawira of the Zimbabwe Peace Project are still facing criminal charges – as members of the recruiter group. They are both out of custody on bail and trying to recover from their experience of being abducted, “disappeared” and tortured.

Update on Political Abductees

All the abductees – the group of 9 accused of recruiting for training in insurgency and the group of 7 accused of sabotage and bombing – are now out on bail. [See end for summary of court cases since 31st March.] Like the peace workers they are trying to heal from their experiences of having been “disappeared” and tortured. After the experience that these “hostages to political expediency” have gone through, the conditions they need to recover from their experience are still not being met. In spite of being treated medically for their injuries and medical conditions caused by their torture and detention in bad conditions, they are not being allowed to recover emotionally from their ordeals. The first priority after such an experience is to feel safe and then after that to try and normalise one’s life again. None of the abductees feel safe after such an experience – they were abducted when going about their normal life and they feel they could be abducted and just “disappear” again, this time never to be found. The constant reporting to police demanded by their bail conditions reminds them of their ordeals, the constant court cases keep them in a state of tension and make them feel vulnerable and exposed. None of them can pick up on normal life with the threat of a trial hanging over them.

Trial Dates Finally Set

· 8th June for Fidelis Chiramba, Concillia Chinanzvavana, Emmanuel Chinanzvavana, Pieta Kaseke, Violet Mupfuranhehwe and Collen Mutemagau on recruiting charges [the recruiter group has been split into two for purposes of trial]

· 29th June for the bomber group [Chris Dhlamini, Gandi Mudzingwa, Andrison Manyere, Zachariah Nkomo, Regis Mujeyi and Mapfumo Garutsa]

· 20th July for Jestina Mukoko, Broderick Takawira and Audrey Zimbudzana [the rest of the recruiter group] on recruiting charges.

Jestina Mukoko’s Supreme Court case, raising the breaches of her constitutional rights by State agents [abduction, illegal detention, torture, etc], is likely to be heard in May. Success in this case could result in the termination of the criminal proceedings against her if the Supreme Court considers that to be appropriate redress for breaches of the Constitution found to have been committed. This would be a test case that could be applied the others.

Are These Trials Necessary?

There is a widespread conviction in the country and outside that the charges against the abductees are trumped up and politically motivated – that the abductees are the unhappy victims of cynical manoeuvring by the then governing party and its agents in the tortuous run-up to the formation of the Inclusive Government and now as part of a behind-the-scenes bargaining process in which the old guard seeks a blanket amnesty for all past wrongdoing. This conviction is bolstered by the perception that the determination with which the State is persisting with the cases is not matched by action against those accused of notorious crimes against MDC-T supporters, including the torture of the abductees. Another suggestion made is that their lengthy illegal incarceration, coupled with the torture to which they were subjected by State Security personnel, renders criminal proceedings against them an abuse of the process of the court.

Do these cases really have to come to trial?  No. While it is true that no-one, not even the President, can order the Attorney-General to drop the charges [Constitution, section 76(6) and (7)], there would be nothing wrong in principle were the President or the party principals or JOMIC to convey to the Attorney-General a strong belief that the national interest would be best served by stopping these proceedings at once. And it would be in order for the Attorney-General to accept that advice and withdraw the charges. [There is no constitutional or legal principle that prevents him doing so.]

Persisting with the charges is also doing nothing for the national healing process. It could be the first concrete action of the Organ of National Healing headed by Minister John Nkomo [ZANU-PF], Minister Sekai Holland [MDC-T] and Minister Gibson Sibanda [MDC-M] to press for the charges to be dropped as a gesture of reconciliation. It would show the nation that they are in earnest. These cases are a running sore, and damage the image of the new government.

The Organ could also show its commitment to national healing by backing enquiries in Parliament on the use of torture by police and State security personnel, to ensure not only that the practice is stopped, but also that perpetrators are brought to book.

This entry was posted by Sokwanele2 on Monday, April 20th, 2009 at 11:46 am. You can follow any comments on this entry through the RSS 2.0 feed. Both comments and pings are currently closed.