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Arrested GALZ employees allege torture by Zimbabwe police

ZLHR LogoUpdate: 27 May 2010 - The two members of the gay rights group Gays and Lesbians of Zimbabwe, who were arrested last week after a raid on their offices, were finally released on $200 bail each on Thursday by a magistrate’s court.

Ellen Chademana and Ignatius Muhambi, who are facing charges of ‘insulting the office of the President’ and for allegedly possessing ‘pornographic material’ are expected back in court for their remand hearing on June 10th. Lawyer David Hofisi said they also filed an urgent High Court application to see if the long period they stayed in custody was lawful, and the State now has 10 working days to file opposing papers.(Via SWRA)

ZLHR Press Release - 26 May: Two Gays and Lesbians of Zimbabwe (GALZ) employees on Wednesday 26 May 2010 alleged that police severely tortured them in their holding cells.

David Hofisi and Dzimbabwe Chimbga, the lawyers representing the two employees Ellen Chademana and Ignatius Mhambi told Harare Magistrate Munamato Mutevedzi that their clients were tortured during their detention in police cells and asked for an investigation into the alleged torture.

Mhambi alleged that police used empty soft drinks bottles to assault him on his knees and forced him to “sit” in a position without a chair or any other tool for a long period. Chademana said the police also forced her to undertake the same action for a long period.

Both detainees allege that they were subjected to assaults all over their bodies.

Hofisi applied for the release of Mhambi and Chademana on bail arguing that the two were suitable candidates for bail.

But Magistrate Mutevedzi rolled over the bail application to Thursday 27 May 2010 after State Prosecutor Bruce Tokwe requested for a postponement of the bail application to acquaint himself with the facts of the matter.

Magistrate Mutevedzi initially ordered the police to surrender the two GALZ employees to Harare Remand Prison. However the police indicated that they would not be able to transfer the duo, forcing Magistrate Mutevedzi to publicly caution the police to only detain the two employees in police cells and not to torture or assault them whilst in cells until Thursday morning when they are supposed to be brought to court for the finalization of the bail application.

Meanwhile High Court Judge, Justice Joseph Musakwa will on Thursday 27 May at 14:15hrs preside over an Urgent Chamber Application filed by Chademana and Mhambi’s lawyers seeking their release. In their application the lawyers have requested the Officer in Charge of CID Drugs, only identified as Chibvuma, and Detective Inspector Gomo to release the two GALZ employees from the custody of the police because their arrest and detention is unlawful.

The lawyers argue that the arrest and detention of the two GALZ employees is now beyond the statutory 48 hour period provided for by Section 32 of the Criminal Procedure and Evidence Act (Chapter 9:07).

The Urgent Chamber Application was filed at the High Court in Harare on Tuesday 25 May 2010 at 13:00hrs. The Duty Judge, Justice Lavender Makoni, after asking the clerk to read the Certificate of Urgency to her over the telephone, stated that the matter “could wait” until the following day. It was following this delay that police unlawfully removed Chademana and Mhambi from their police holding cell and subjected them to the assaults described above, which amount to torture under the Constitution of Zimbabwe and various regional and international instruments to which Zimbabwe has become a voluntary State Party.

The concerns were raised in a letter to the Judge President, Justice George Chiweshe, and by way of a Supplementary Affidavit filed in the High Court by the detainees’ lawyer, Dzimbabwe Chimbga. An urgent set-down of the matter for today was requested in light of the safety and security concerns; however the High Court saw it fit to delay the matter further, to Thursday afternoon.

The GALZ employees were arrested on Friday 21 May 2010 and charged with being in possession of obscene, indecent or prohibited articles in breach of Section 26 (1) (b) of the Censorship and Entertainment Control Act chapter 10:04. On Monday 24 May 2010 the police also charged the two with contravening Section 33 of the Criminal Law (Codification and Reform) Act for allegedly undermining the authority of President.

Comments

tc says:

It's disgusting for people who have done no harm to anyone to be subjected to this and to imagine that their torturers will probably never receive any kind of punishment. Frightening.

Submitted by tc on 27 May 2010 - 11:53am
pat says:

Let it to be GOD to judge not u!!!!!!!!!!! - how many sins did u commit and God stil said u a my son so who a u to mistreat God's creation!

Submitted by pat on 28 May 2010 - 7:09pm
Tess says:

This is an outrage! Who the hell is responsible for starting this frightening witch hunt on these vulnerable people. We better find out soon because it won't be long before they get to the next country and the next one...

Submitted by Tess on 29 May 2010 - 10:45pm
Tiny says:

How anyone can condone this behavior is beyond me. How anyone can justify it.. it makes me sick. To know that this is only a fraction of the abuse and suffering so many others are experiencing and yet there is virtually nothing we can really do about it! Those who instigate this behavior should experience it themselves tenfold, disgusting.

Submitted by Tiny on 13 June 2010 - 8:16am
ROBOT says:

Mugabe always picks on the weak and vulnereable. Looked for someone to blame for his own incompetence ways and his roles in that of murder abduction and thuggish behaviour
Gay People in Zimbabwe should be proud that they dont act like him and are peaceful loving people.

Its the criminals and theives and murderers who the Police should be after not wasting time on Gays. (I didnt know there were any Gay People in Zimbabwe until Mugabe advertised them so blatently to the world)

Submitted by ROBOT on 20 June 2010 - 9:44pm

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