Zimbabwe Peace Project director Jestina Mukoko and seven others and two-year-old Nigel Mutemagau were held and denied bail at the end of 2008 after being accused of banditry and terrorism in connection with an alleged plot to train armed insurgents in Botswana.
Minister of State Security Didymus Mutasa filed a carefully worded affidavit implicitly admitting the State’s role in the abductions of the seven and refusing to disclose any identifying aspects of the location or persons involved in the operation, saying that it was necessary for State security.
High Court Justice Alphus Chikayunye sided with the State, agreeing to keep the details of Mukoko’s abduction secret.
Full cable:
Viewing cable 09HARARE29, TORTURE, TERRORISM, AND THE RED VAN: UPDATE ON
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Reference ID |
Created |
Released |
Classification |
Origin |
VZCZCXRO3117
OO RUEHDU RUEHMR RUEHRN
DE RUEHSB #0029/01 0091111
ZNY CCCCC ZZH
O 091111Z JAN 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3908
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 2538
RUEHDS/AMEMBASSY ADDIS ABABA 2660
RUEHRL/AMEMBASSY BERLIN 1153
RUEHBY/AMEMBASSY CANBERRA 1929
RUEHDK/AMEMBASSY DAKAR 2284
RUEHKM/AMEMBASSY KAMPALA 2709
RUEHNR/AMEMBASSY NAIROBI 5137
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 1820
RHEHAAA/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000029
SIPDIS
AF/S FOR B. WALCH
DRL FOR N. WILETT
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS
STATE PASS TO USAID FOR E. LOKEN AND L. DOBBINS
STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR B. PITTMAN
E.O. 12958: DECL: 01/09/2019
TAGS: PGOV PREL ASEC PHUM KDEM ZI
SUBJECT: TORTURE, TERRORISM, AND THE RED VAN: UPDATE ON
COURT CASES
REF: A. HARARE 18
¶B. 08 HARARE 1147
¶C. 08 HARARE 1145
¶D. IIR 6 926 0036 09
Classified By: Ambassador James D. McGee for reason 1.4(d).
——-
SUMMARY
——-
¶1. (C) Court cases continue for 18 Zimbabweans abducted
between late October and mid-December who face various
accusations related to terrorism, banditry, and mounting an
armed insurgency. Prominent human rights activist Jestina
Mukoko and eight others remain in custody until their next
appearance on January 14, pending High and Supreme Court
cases. On January 7, seven abductees were formally charged
with terrorism in association with various police station
bombings. Physicians have examined the 18 and found evidence
of torture, although police have refused to honor court
orders that would allow them treatment. Finally, on January
8, charges against the three white Zimbabweans arrested on
January 6 were dropped. Of the 32 individuals who have been
abducted since October 31, 14 remain unaccounted for.
Despite Morgan Tsvangirai’s December 19 statement that he
would not resume negotiations unless abductees were charged
or appeared in state custody, the MDC has not made any
statements regarding either the cases or those that are still
missing. END SUMMARY.
——————————————— —————
Torture Documented; AG’s Office Says Evidence “Not Credible”
——————————————— —————
¶2. (C) In compliance with a magistrate’s decision on December
29, Jestina Mukoko and others were examined for torture on
December 30 by physicians from the Counseling Services Unit
at a prison hospital (refs B and C). Prison personnel
witnessed the exams. CSU shared the exam affidavits with us,
which show that nearly all of the abductees were blindfolded,
beaten and/or kicked, and threatened; most were subjected to
solitary confinement and some experienced significant weight
loss. Their captors used other forms of torture including
electric cables, sodomy, burning with hot water, and
suspension upside down (one man’s head was forced repeatedly
into a bucket of water while he was suspended). Many victims
require more extensive examination, such as x-rays, to better
evaluate the extent of injury.
¶3. (U) Despite continued requests that the victims be
released from prison facilities – under guard if necessary –
for additional examination and treatment, all remain in
prison. Lawyers have applied to the High Court to try to
secure another ruling to compel police to release them to a
private clinic, but the case has not been heard yet. In a
hearing on January 6, the prosecutor said that the evidence
of torture was “not credible.” In a bail hearing on January
8, three accused of a bombing plot testified about beatings,
forced confessions, and torture in state custody before they
were sent to police custody on December 23. The hearing was
set to continue on January 9.
—————————————–
Terrorism Case #1: Mukoko Seven Baby
—————————————–
¶4. (SBU) Zimbabwe Peace Project Director Jestina Mukoko and
seven others (plus two-year-old Nigel Mutemagau) accused of
banditry and terrorism in connection with an alleged plot to
HARARE 00000029 002 OF 003
train armed insurgents in Botswana remain in State custody
and have not yet been formally charged with any crime. On
December 31, the High Court heard an urgent application from
Mukoko’s lawyers, calling on the State to identify the names
and locations where Mukoko was held in custody. Minister of
State Security Didymus Mutasa filed a carefully worded
affidavit implicitly admitting the State’s role in the
abductions and refusing to disclose any identifying aspects
of the location or persons involved in the operation, saying
that it was necessary for State security. On January 2, High
Court Justice Alphus Chikayunye sided with the State,
agreeing to keep the details of Mukoko’s abduction secret.
¶5. (SBU) In bail hearings on January 5 and 6, the State
continued to oppose bail, arguing that because of the serious
charges they should remain in custody. Lawyers on both sides
have filed appeals and counter-appeals that are in the High
Court and Supreme Court, with defense lawyers arguing, in
part, that they were brought to court through illegal
procedures and that charging them would legitimize State
kidnapping. The magistrate deferred the case to January 14,
to allow time for the High and Supreme Courts to review the
appeals before them. Until then, all nine will remain in
custody.
——————————————— –
Terrorism Case #2: The Seven (Alleged) Bombers
——————————————— –
¶6. (SBU) On January 6, the State filed formal charges against
a group of seven men for their alleged involvement in various
police station bombings. They could face the death penalty
for the charge under section 23 (1) of the Criminal Act,
which criminalizes insurgency, banditry, sabotage, or
terrorism. Their lawyer said the charges border on
“silliness and senselessness.” In their bail hearing on
January 7 and 8, the defense pointed out the numerous
inconsistencies and impossible claims the State continues to
make. For instance, the State claims all seven participated
in the physically impossible task of simultaneously planting
two bombs in completely different locations. (NOTE: Previous
reporting (ref D) indicated that at least one of the police
station bombings was carried out by soldiers seeking to
destroy evidence in a fingerprint lab that would have
connected them to theft of supplies at a military hospital.
END NOTE.)
—————————————–
Terrorism Case #3: The Two in Legal Limbo
—————————————–
¶7. (SBU) Two other accused persons, Tawanda Bvumo and Pascal
Gonzo, were supposed to be removed from remand and released
on December 29. The State appealed, but the magistrate
refused to hear the appeal on January 6, declaring that
another magistrate had already decided. The two remain in
prison, and it is unclear when or if their case will be
reviewed by another magistrate or judge.
——————————————— —-
(Dropped) Terrorism Case #4: The White Landowners
——————————————— —-
¶8. (SBU) On January 6, three white men who own land just east
of Harare were arrested at their homes (ref A). At the time,
police said they were being taken for violating section 24(b)
of the Criminal code, for providing training for committing
insurgency, banditry, or terrorism. The charges were dropped
on the morning January 8, but all three men were still in
police custody 24 hours later.
HARARE 00000029 003 OF 003
——————————-
Mystery of The Red Van Resolved
——————————-
¶9. (SBU) In numerous court appearances, accused persons have
been brought to court in a red Volkswagen van with South
African license plates. The same van was reportedly used by
State security agents to transport Mukoko, Takawira, and
others between locations before they were released to the
police on December 22. This week the press unraveled the
mystery and reported that the van had been used by a team of
Sky News journalists from South Africa. The journalists were
arrested in Zimbabwe in May 2008 and police confiscated all
of their equipment and the van before the trio was deported
to South Africa.
——————————
COMMENT: Where is the outrage?
——————————
¶10. (C) The now-familiar charade of court hearings in
Zimbabwe continues to play out in a pattern more predictable
than most TV courtroom dramas. Although Morgan Tsvangirai
publicly delivered an ultimatum to the GOZ on December 19,
saying he would pull out of talks unless the abductees
surfaced by January 1, he and the MDC continue to be silent
on the issue. With at least 14 abductees still missing, his
ultimatum has clearly not been met, and his continued silence
is a sign that he’s not willing to make good on his threats.
If Tsvangirai and Mugabe return to the negotiating table,
Tsvangirai’s poor handling of the abductions issue will
weaken his negotiating position–and his credibility with his
own constiuency. END COMMENT.
MCGEE
(65 VIEWS)
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