Report by the Special Rapporteur on Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment, Theo van Boven


Zimbabwe

1974. By letter dated 13 May 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on the situation of human rights defenders, the Special Rapporteur notified the Government that he had received information regarding the situation of Tinashe Lukas Chimedza, former Secretary General of the Zimbabwe National Students Union (ZINASU), a youth and social rights activist and the Zimbabwe nominee to the International Youth Parliament. According to the allegations received, he was invited to speak at an Education Rights Forum at the University of Zimbabwe which was scheduled to take place on 22 April 2004. Before the start of the event, heavily armed police officers surrounded the hall and arrested Tinashe Chimedza upon his arrival. The police took him into a room where they punched him and beat him with sticks before taking him to Marlborough police station. Tinashe Chimedza, who was unconscious and bleeding heavily from the mouth, was taken to the hospital, at the insistence of his lawyers. He remained there under police surveillance. He was granted bail on 29 April 2004.

1975. By letter dated 5 August 2004, the Government informed that on 22 April 2004, the Police Internal Security Intelligence gathered information from the University of Zimbabwe security personnel that students were preparing to hold an unsanctioned meeting at the college at around 6 p.m., and that one of the speakers would be Tinashe Chimedza. There was an outstanding warrant for his arrest dating from 2001, and he had managed to elude the police. Four policemen were deployed to monitor the situation at the university because from past experience destruction of property and general mayhem usually occurred following such meetings. When a policeman approached Tinashe Chimedza at the event, he was punched by him. Members of the public were not amused when they saw a policeman being assaulted. In a case of meting out instant justice, the public started assaulting Tinashe Chimedza. Policemen eventually managed to rescue him and took him to a hospital. He received medical attention under police guard. When he was released from hospital on 23 April, he was charged with assaulting a policeman, for which he pleaded guilty and paid a fine. The earlier charges are still pending before the courts.

1976. By letter dated 18 June 2004, the Special Rapporteur notified the Government that he had received information regarding Beatrice Mtetwa, a council member of the Law Society of Zimbabwe (cited in a previously transmitted communication, E/CN.4/2004/62/Add.1, para. 869). According to the allegations received, she was attacked in her car and had a number of personal items stolen on 12 October 2003. She called the police about the robbery, but was accused by them of driving while being intoxicated, and was taken to the Borrowdale Police Station. Beatrice Mtetwa was was kicked, beaten and strangled by the officers en route and at the station. The police officers refused Beatrice Mtetwa’s request that she be given a blood alcohol content test. She was refused medical treatment for her injuries. On 16 October 2003, Beatrice Mtetwa returned to the police station and presented her written statement relating to her charge of assault against the officer in charge.

Urgent appeals

1977. On 1 June 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, regarding 69 alleged mercenaries. According to the allegations received, the Government of Zimbabwe plans to extradite the mercenaries to Equatorial Guinea where they would be at grave risk of torture and unfair trial procedures, and could ultimately face the death penalty. The 69 men were arrested, along with one other man, in Harare on 7 March 2003. It is reported that they have been linked to a group of 15 men arrested on 9 March 2004 in Malabo, Equatorial Guinea and accused of plotting a coup against the President of Equatorial Guinea. In March 2004, concerns have been expressed that some, if not all, of these 15 suspected mercenaries detained in Equatorial Guinea had been severely tortured, allegedly leading to the death of one of them, Gerhard Eugen Nershz, on 17 March. The Equatorial Guinean authorities reportedly publicly admitted his death but attributed it to "cerebral malaria". However, there is reliable information that he showed signs of torture and was very ill and the prison authorities denied him prompt medical treatment. Reports demonstrate the regular use of torture in detention facilities in Equatorial Guinea for many years. Accused persons are also allegedly subjected to trial proceedings which regularly fail to meet international standards of fair trial. It is further reported that when imposed, the death penalty is summarily applied.

1978. By letter dated 2 June 2004, the Government informed that mercenaries have been the bane of many a country in Africa, with their pursuit of fortunes and regime change for their masters causing concomitant huge losses of innocent lives. Their fate in the country of return is not for the Government to judge.

1979. On 2 June 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on violence against women, regarding Mrs. Kidd, a Finnish citizen, residing in Chimanimani. According to the allegations received, on 28 May 2004, she was assaulted and taken from her home by a group of people, which may ha ve been several hundred strong. They stoned her home, then dragged her through Chimanimani and forced her to clean up local offices of the opposition political party Movement for Democratic Change (MDC). These offices had earlier been destroyed by members of the same group.

1980. By letter dated 3 June 2004, the Government informed that Mrs. Kidd allegedly indulged in local politics. She further allegedly incensed the locals by letting her house be used as an office for the opposition MDC. The Government is not aware that she was allegedly assaulted because of her gender. The Government is most opposed to the politics of violence. This alleged mob reaction to Mrs. Kidd’s provocation is being investigated and any further details will be furnished when they become available. The source of provocation in this case would be in non-citizen involving him or herself in local politics. As the Special Rapporteurs seem to be well informed of the political activities of various groups in Zimbabwe, they might consider counselling non-citizens against provoking locals in their political activities. The Government at all times tries to create a level political playing field for her citizens. Foreign agitation is most ill-advised.

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small logo   This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.