The government arrested Alec Muchadehama and Andrew Makoni, two prominent human rights lawyers who were representing 31 opposition officials, and charged them with obstruction of justice.
Police ignored a series of court orders granting the detainees access to their lawyers and ordering their release.
The list of those arrested was almost a who-is-who in the Movement for Democratic Change.
Full cable:
ble 07HARARE383, INTIMIDATION CAMPAIGN CONTINUES WITH ARREST OF
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Reference ID |
Created |
Released |
Classification |
Origin |
VZCZCXRO7633
PP RUEHMR RUEHRN
DE RUEHSB #0383/01 1271432
ZNY CCCCC ZZH
P 071432Z MAY 07
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC PRIORITY 1431
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHUJA/AMEMBASSY ABUJA 1587
RUEHAR/AMEMBASSY ACCRA 1454
RUEHDS/AMEMBASSY ADDIS ABABA 1591
RUEHRL/AMEMBASSY BERLIN 0258
RUEHBY/AMEMBASSY CANBERRA 0855
RUEHDK/AMEMBASSY DAKAR 1219
RUEHKM/AMEMBASSY KAMPALA 1647
RUEHNR/AMEMBASSY NAIROBI 4052
RUEHFR/AMEMBASSY PARIS 1416
RUEHRO/AMEMBASSY ROME 2074
RUEHGV/USMISSION GENEVA 0714
RHEFDIA/DIA WASHDC//DHO-7//
RHEHAAA/NSC WASHDC
RUEHBS/USEU BRUSSELS
RUEKJCS/JOINT STAFF WASHDC
RUCNDT/USMISSION USUN NEW YORK 1808
RUEATRS/DEPT OF TREASURY WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK//DOOC/ECMO/CC/DAO/DOB/DOI//
RUEPGBA/CDR USEUCOM INTEL VAIHINGEN GE//ECJ23-CH/ECJ5M//
C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000383
SIPDIS
SIPDIS
AF/S FOR S. HILL
NSC FOR SENIOR AFRICA DIRECTOR B. PITTMAN
USAID FOR M. COPSON AND E. LOKEN
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS
E.O. 12958: DECL: 05/07/2017
SUBJECT: INTIMIDATION CAMPAIGN CONTINUES WITH ARREST OF
HUMAN RIGHTS LAWYERS
REF: HARARE 00318
Classified By: Charge Eric Schultz under Section 1.4 b/d
——-
SUMMARY
——-
¶1. (C) The government on May 4 arrested Alec Muchadehama and
Andrew Makoni, two prominent human rights lawyers who have
been representing 31 opposition officials arrested over the
last six weeks. The two lawyers were charged with
obstruction of justice. Police subsequently ignored a series
of court orders granting the detainees access to their
lawyers and ordering their release, while also conducting an
illegal search of the detainees offices. As of May 7, both
lawyers were still being held, though they have apparently
not been harmed. Opposition leaders and political analysts
believe the arrests of the lawyers and officials are part of
the government’s strategy to cripple the opposition in
advance of elections in March 2008. The Lawyer’s Society
plans a protest march tomorrow afternoon, which we will
observe. End Summary.
——————————————— —
Police Arrest and Threaten Human Rights Lawyers
——————————————— —
¶2. (U) On May 4 outside the High Court in Harare, police
arrested Alec Muchadehama and Andrew Makoni, two Zimbabwe
Lawyers for Human Rights (ZLHR) lawyers representing 31
opposition members arrested and detained since March 11.
According to Irene Petras, ZLHR acting director, Muchadehama
and Makoni were initially taken to the infamous Law and Order
section at Harare Central police station for “interrogation.”
ZLHR lawyer Otto Saki told us that he and several other
lawyers were threatened with arrest and physical assault when
they attempted to see the lawyers and inquired about the
reason for their arrests.
———————————
And Show Contempt for Rule of Law
———————————
¶3. (U) On the evening of May 4, High Court Judge Karwi
granted a temporary order compelling police to provide
lawyers access to the two arrestees. Police ignored the
order. On the morning of May 5, Judge Karwi found the
arrests “unlawful” and ordered the immediate release of the
two arrestees. Police again ignored the order, claiming they
did not know the whereabouts of Muchadehama and Makoni. On
the morning of May 6, High Court Judge Chitakunye granted a
third order compelling police to physically deliver
Muchadehama and Makoni within the hour to the High Court.
Police yet again ignored the order.
¶4. (U) Instead of producing Muchadehama and Makoni in court
on May 6 as ordered, police took them to their law offices
and executed a search warrant, removing files and documents.
ZLHR lawyers present contended that the search was clearly
unlawful as all documents in the law offices were protected
under attorney-client privilege. They were threatened with
arrest and ordered to leave when they requested to review the
search warrant.
HARARE 00000383 002 OF 003
¶5. (C) Saki told us that ZLHR lawyers finally gained access
to Muchadehama and Makoni on the morning of May 7. He
reported that the two were in good condition and had not been
beaten by police. Saki said Muchadehama and Makoni had been
arrested for “obstruction of justice” as a result of
affidavits they filed refuting claims by police that their
clients were involved in a spate of recent petrol bombings —
attacks opposition leaders contend were actually carried out
by the government to justify its violent crackdown. He said
the Zimbabwean Lawyer’s Society was planning a protest march
for May 8 that would start outside the High Court.
——————————————— —–
And Continue to Arrest and Beat Opposition Members
——————————————— —–
¶6. (SBU) On April 30, Mutare police arrested Pishai
Muchauray, a spokesperson for the MDC anti-Senate faction.
We have received reports that police beat him several times
following his arrest. Muchauray joins a growing list of
opposition members considered essential to election
mobilization efforts targeted for arrest and assault by the
government.
¶7. (SBU) Others key opposition members arrested since March
11 include Morgan Komichi, the deputy organizing secretary,
and Elliot Motsi, the organizing secretary for the Harare
suburb of Glen Norah, who were picked up at their homes on
April 20. Also recently arrested were Solomon Madzore,
secretary general of the faction’s youth assembly group,
SIPDIS
Kudakwashe Matibiri, an essential member of the faction’s
logistics team, and Luke Tamborenyok, a former journalist and
number two person behind Nelson Chamisa, the faction’s
spokesperson. Notably, Ian Makone, special adviser to
anti-Senate leader Morgan Tsvangirai with intimate knowledge
of the faction’s district-level leaders, remains in custody
and there were reports that he has been severely injured as a
result of torture.
¶8. (C) Press reports indicate that police released Muchauray
on May 4 without charge. The other 31 opposition members
remain in custody as prosecutors delay hearings and
magistrates refuse bail. According to both MDC officials and
independent political analysts, government security
authorities have tortured arrestees to secure false
confessions to petrol bombings, which they believe were in
fact staged by the GOZ and blamed on the opposition. These
sources said the government was also looking for additional
names of individuals in the MDC structures to in turn arrest
and torture.
———————–
Adding Injury to Insult
———————–
¶9. (C) Records from Counseling Services Unit (CSU), an NGO
that provides medical attention to victims of government
abuse, show that since February some 60 activists have sought
medical attention, many for serious injuries, as a result of
beatings suffered during abduction and/or while in police
custody. These records relate to individuals arrested and
beaten and/or tortured or beaten without being arrested. The
medical conditions of many of those still in custody are
HARARE 00000383 003 OF 003
unknown.
——–
Comment
——–
¶10. (C) The court rulings in favor of Muchadehama and Makoni
show that despite government intimidation there are still
independent judges in Zimbabwe. Faced with this
independence, the government appears to be casting aside any
pretence of legality in its efforts to suppress political
opposition in advance of next year’s elections.
SCHULTZ
(101 VIEWS)
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