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Seven WOZA members arrested – Two badly beaten

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Tuesday, March 1st, 2011 by Amanda Atwood

This statement from Women and Men of Zimbabwe Arise (WOZA) describes the harassment currently being experienced by their members:

Seven members, two beaten, all spending night in custody in Bulawayo and were denied food brought in by relatives.

At noon, today 28 February 2011, three Men of Zimbabwe Arise (MOZA) members were arrested in Entumbane at a member’s house. Police came into the house where the members were meeting. They made the men present; numbering about 15, hold out their hands. They then arrested Proud Pandeya, Noah Mapfuma who they said had black hands, and according to them this is a sure sign that they smoke cannabis. At this point Gift Nkomo walked in and was also subsequently arrested. They were taken by these plain-clothes police officers to their local police station. One of the police officers fisted Proud four times in the face when they were arrested. They were released them after 2 hours. At five pm, police officers then came to re-arrest them and tried to arrest a fourth member who was not at home. The were said to be being taken to Bulawayo Central Police station for questioning but the feeding team could not locate them there.

At 4pm today, another 4 members were arrested, three women and one male.  They were arrested in the Mabutweni suburb of Bulawayo at the home of  Sitshiyiwe Ngwenya. They were sitting in the house and counting burial society contributions. The four who include Joyce Ndebele, Moreblessing Dube, one a nursing mother, and the male member Kholwani Ndlovu were arrested by plain clothed police officers from Western Commonage police station. They were loaded into a white van and taken to Western Commonage police station in Mpopoma south. The lawyer, Lizwe Jamela of Zimbabwe Lawyers for Human Rights was unable to see them as they were being relocated to Bulawayo Central police station.

Relatives, who sacrificed to buy food at a food outlet, as there was no electricity to cook food, arrived at the police station to give the food to the activists but were detained for an hour. Police Officer George Levison Ngwenya, threatened to arrest them for bringing ‘bought’ food but another police officer told them to leave with the food. Kholwani was obviously in pain from being severely beaten and him and the three women arrested at Mabutweni were seen by their relatives in the Law and Order department and were being made to answer profile questions and were due to be relocated for a third time to Sauerstown police station along the airport road.

WOZA leaders wish to express concern for members arrested and for the two male members beaten by police. We also express concern about the whereabouts of the 3 members arrested in Entumbane who were not to be found at Bulawayo Central police station.

WOZA is currently consulting members on the introduction of a development programme to be entitled Demand Dignity – Demand Development. This programme is based on the works of Mahatma Ghandi who combined an obstructive and constructive programme to mobilise independence to the Indian people. The CONSTRUCTIVE (productive and practical) Program emphasises on “cooperating with good” whiles the OBSTRUCTIVE (disruptive and defiant) Program’s emphasis is on “resisting evil.”

Gwisai describes torture of detainees in police custody

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Thursday, February 24th, 2011 by Amanda Atwood

Read the latest statement from Zimbabwe Lawyers for Human Rights on the case of Munyaradzi Gwisai, Hopewell Gumbo and 43 other Zimbabweans who have been charged with treason:

Gwisai bemoans torture as Muchadehama challenges placement of activists on remand

Detained social justice activist Munyaradzi Gwisai on Thursday 24 February 2011 lamented the torture sessions to which suspects are subjected by state security agents as tragic and inexpressible.

Gwisai, who testified before Harare Magistrate Munamato Mutevedzi during an application for refusal of placement on remand for the 45 human rights activists filed by defence lawyer Alec Muchadehama disclosed in court that he, together with other activists, were subjected to torture sessions during their detention by the police at Harare Central Police Station.

Gwisai said the torture sessions were aimed at securing confessions from the activists which would implicate them in the commission of treason, a charge which they are facing in court.

In narrating his ordeal, Gwisai said he was tortured together with five other detainees in a room in the basement at Harare Central Police Station by nine state security agents who included some police officers who had arrested them.

During the torture sessions, which were recorded on video, the detainees were asked to recount what had transpired during their meeting which was held on Saturday 19 February 2011 in central Harare.

Gwisai said each of the six detainees received a series of lashes which were administered while they lay down on their stomachs. He added that he received between 15 and 20 lashes as the police and his tormentors sought to obtain confessions from him and the other detainees.

Gwisai said the pain which he endured and suffered as a result of the torture sessions was “indescribable, sadistic and a tragedy for Zimbabwe”.

The University of Zimbabwe labour law lecturer said it was extremely difficult for him to sit and walk because of the torture sessions he underwent together with other detainees.

Gwisai said the meeting held on Saturday was held to discuss ISO business and issues of democracy and constitutionalism and not to plot the toppling of the government as alleged by the police and prosecutors. He added that the meeting which was attended by HIV/AIDS activists was also meant to commemorate the life of a deceased HIV and AIDS activist, Navigator Mungoni.

Earlier on Muchadehama outlined the detainees’ complaints against the police.

The detainees’ lawyer said the arrest of his clients was unlawful as they were not advised of the reason/s for their arrest. He also advised that they were over-detained in filthy and stinking police cells. He said the detainees only knew of the treason charge when they finally appeared in court on Wednesday 23 February 2011 and no warned and cautioned statements were recorded in relation to the treason charge.

Muchadehama told the court that the police extensively subjected his clients to severe interrogation sessions where they attempted to coax some of the detainees to turn against their colleagues and be considered State witnesses.

He said some of the detainees were assaulted, brutalised and tortured while in police custody. The defence lawyer said the torture sessions were administered through assaults all over the detainees’ bodies, under their feet and buttocks through the use of broomsticks, metal rods, pieces of timber, open palms and some blunt objects.

In his application for refusal of remand Muchadehama argued that the facts as outlined by the State did not constitute the commission of an offence.

The matter continues on Monday 28 February 2011 when prosecutor Edmore Nyazamba, who applied for the placement of the detainees on remand, cross examines Gwisai. In the meantime, all 45 will remain incarcerated in remand prison in Harare and at Chikurubi Women’s Prison for the women detainees.

Students raided for discussing fees

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Thursday, February 24th, 2011 by Amanda Atwood

This from Bulawayo Agenda:

Riot police have reportedly invaded NUST after hearing that students have got a meeting to discus the issues of fees. The feeling of the police is said to be that the meeting may be connected to the Munyaradzi Gwisai saga. Reports are that Acting President of the SRC, Malvin Musvipo, and the Dean of Students have been taken by CIO for interrogation to prove whether the meeting is purely a student meeting with no political attachments. The students have maintained that it is a purely student meeting to discuss fees issues. The meeting is at 10am.

Treason charges for Gwisai and 44 other activists

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Wednesday, February 23rd, 2011 by Amanda Atwood

The following statement from the Zimbabwe Lawyers for Human Rights further details the case against Munyaradzi Gwisai and the 44 co-accused:

Police on Wednesday 23 February 2011 charged International Socialist Organisation (ISO) coordinator Munyaradzi Gwisai and 44 social justice and human rights activists with treason.

Prosecutors sneaked in the charge of treason as defined in Section 20 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] or alternatively contravening Section 22 (2) (a) (i) of the Criminal Law (Codification and Reform) Act, that is attempting to overthrow the government by unconstitutional means. Lawyers for the 45 were only advised of the charges minutes before the court convened.

If found guilty of treason, the activists risk being slapped with a sentence of death or life imprisonment.

State prosecutor Edwin Nyazamba, who was assisted by one Mthombeni accused the activists of convening and attending a meeting in a boardroom at Cross Roads House along Julius Nyerere Way in Harare on Saturday 19 February 2011, where they allegedly organized, strategised to implement the removal of a constitutional government of Zimbabwe by unconstitutional means, in similar fashion to the Egyptian revolution, which resulted in the ousting of former Egyptian leader Hosni Mubarak.

The activists allegedly viewed video footage of the Egyptian protests and made speeches urging other activists in attendance to mobilise a revolt against the government in similar fashion to the protests which were recently staged in Egypt and Tunisia.

Prosecutors said the police who raided and arrested the activists confiscated a video projector, a laptop, and two DVD’s containing the Egyptian and Tunisian revolt recordings.

The State alleged that the police recovered placards with inscriptions which read “Choice is now socialism ISO” and “Marxism in the millennium MDC ndizvo”.

Defence lawyers Alec Muchadehama and Marufu Mandevere of Mbidzo, Muchadehama and Makoni Legal Practitioners, who are members of Zimbabwe Lawyers for Human Rights (ZLHR) protested against being ambushed in court as prosecutors only availed the charge sheet to them a few minutes before court proceedings.

Harare Magistrate Munamato Mutevedzi adjourned proceedings to Thursday 24 February 2011 to allow the defence lawyers to obtain instructions from the activists as they had not been afforded the opportunity to do so with regards to the new charge of treason which only cropped up when they were in court.

However, the principal prison officer, in contempt of the court, barred defence lawyers from taking instructions from their clients and transferred the activists to Harare Remand Prison and Chikurubi Maximum Prison.

The 45 activists are Munyaradzi Gwisai, Antonater Choto, Tatenda Mombeyarara, Michael Sozinyu, Eddson Chakuma, Hopewell Gumbo, Welcome Zimuto, Phillip Magaya, Prolific Mataruse, Godknows Biya, David Mupatse, Douglas Muzanenhamo, Ganizani Nunu, Reki Jimu, Josphat Chinembiri, Strutton Muhambi, Trevor Chamba, Clarence Mugari, Munyaradzi Maregedze, Willie Hlatswayo, Ian Muteto, Tinashe Muzambi, Tinashe Mutazu, Pride Mukono, Lenard Kamwendo, Tinashe Chisaira, Trust Munyama, Peter Garanewako, Elizabeth Makume, Megline Malunga, Daison Bango, Malvern Hobwana, Tashinga Mudzengi, Ednar Chabalika, Thokozile Mathe, Francisca Thompson, Masline Zvomuya, Nhamo Kute, Annie Chipeta, Tabeth Chideya, Charles Mubwandarikwa, Thomas Chibaya, Fatima Manhando, Blessing Muguzayaya and Robert Muhlaba.

Zimbabwe ISO 46 charged with treason

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Wednesday, February 23rd, 2011 by Amanda Atwood

I went to court this evening to support my colleague and the 45 other accused who are still in custody following a meeting of the International Socialist Organisation of Zimbabwe (ISO). The accused include Munyaradzi Gwisai and Hopewell Gumbo. All 46 were at court for a good hour before the Magistrate arrived, and then the lawyer for the prosecution looked surprised that the Magistrate – and the lawyers for the accused – wanted the accused persons to appear in the court. So it took another age before everyone was brought in, and named, and accounted for.

Meanwhile, the prosecution had sprung new charges on the accused at the last minute – the lawyers for the accused weren’t even aware of them until they all got to court. The surprise extra charge? Treason. Plotting to overthrow the government through unconstitutional means is now just the back up charge.

Meanwhile, the charges themselves feel flimsy as air. Allegedly, this group of 46 people got together, watched a DVD, listened to some speeches, and then developed plans as to how they were going to overthrow the government. Evidence of this includes DVDs of events in Egypt and Tunisia. And some placards with the ISO emblem on them supporting socialism with slogans like Marxism this year! And MDC Ndizvo!

Seriously. What thinking person can look at all of this and build a case of treason from it? Or even one of plotting to overthrow the government through unconstitutional means. Firstly, how is supporting Marxism or socialism treasonous – particularly when you think about the rhetoric of the post-Liberation Mugabe government! Never mind the fact that the MDC isn’t socialist or Marxist, so if you were really some Marxist revolutionary you probably wouldn’t be supporting the MDC. Never mind the fact that watching the DVD and having a discussion about it isn’t unconstitutional – in fact, the Constitution allegedly supports civic rights like freedom of opinion. Not to mention the sheer logistics – in the time between when the meeting started and when the police “responded to a tip off” (according to the charges) and raided it, there would barely have been enough time to watch a video and listen to some speeches. Imagine how long it would take 46 people to seriously develop plans to overthrow a government. And even the government’s evidence itself is patchy. One of the supporting documents of their case is the agenda of the meeting – where it was stated that the purpose was to show solidarity with workers in Tunisia and Egypt. Somehow in the Shona translation of the charges, this got turned into Chimurenga, but no one objected to that. In what society is expressing solidarity with workers treasonous?

Anyway, their charges having been read out, the accused were asked to raise their hands if they did not understand the charges. One by one at least five people raised their hands, until the Magistrate stopped the proceedings. He asked the lawyers for the accused if they should even be representing them if they hadn’t explained the charges to the clients. The lawyer asked how could they have explained the charges if this treason charge had just been sprung on them at the last minute. Fair enough, the Magistrate said, take some time and explain them to your clients; we’ll meet back here tomorrow. The Magistrate wanted 8:30, but the prosecution had another matter at 10, so after another power play back and forth they settled on 11:15. Meanwhile, these 46 have been remanded in custody for their fifth night. Understandably, they look tired and stressed and unhappy. How can you keep people in custody for five nights on such baseless charges?

I wanted the Magistrate to look at the lawyer for the prosecution and tell him what a useless knob he was. I wanted him to hear the charges and say there is no way there can be any grounds for a treason case in here, and dismiss the matter. I wanted him to laugh in that lawyers face and say Really? Treason? What dictionary did you use? This is absurd and it’s a waste of everybody’s time, and I want you to leave my court and never come back. I wanted the Magistrate to say there isn’t anything vaguely substantiated here, release everyone immediately and proceed by way of summons if and when you ever have a case against these people. I wanted those accused who had raised their hands to say they didn’t understand to be honoured as heroes. I wanted those 46 people to receive an apology, a sincere one, and to be sent home tonight.

Instead, justice got her face laughed in. From beginning to end the exercise was a distasteful charade of what justice is supposed to mean. The Magistrate’s court itself is dirty, cramped, smelly and rundown. If that’s the kind of court we have, is it any wonder we get rotten justice out of it?

It’s 9pm and I’m angry

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Tuesday, February 22nd, 2011 by Amanda Atwood

My colleague who was arrested on Saturday has still not been released, nor have any of the other 45 detainees including Munyaradzi Gwisai and Hopewell Gumbo. Seven of them were meant to appear in court today and were expected to be charged as organisers of the Saturday meeting – the remainder, including my colleague, thought they would be going home today. Instead, no one appeared in court, and it sounds like police are applying for a warrant for further detention.

I am angered enough by the fact of these 46 people festering in police cells for four nights for no good reason. I’m even more angered by reports that some have been tortured in police custody. Gwisai, for example, reportedly needs help to walk, he has been so badly beaten.

I’m further angered by the reason why these 46 are in custody: They were having a discussion about recent events in North Africa. They watched a video of news clips – the same news clips anyone with satellite television or YouTube access could have watched for themselves.

Some people argue this is a positive development – like look, the regime is scared enough to take this meeting seriously. Others find a silver lining, in that this prolonged detention has sparked email petitions and Facebook pages and news headline and barroom discussions that would otherwise not have happened – like if the regime hadn’t made such a big deal by arresting these people, the meeting would have come and gone and barely made a ripple. Now? There are waves.

But me? I’m just angry. I’m angry and I want them out now.

I’m angry because it’s events like this that put paid to the big lie which is the GPA. It’s not an inclusive government; it’s a regime in Fat Face’s clothing.

I’m angry at myself – for naively thinking that these 46 wouldn’t be arrested when the police appeared at the meeting, and then for thinking that they would be released on Monday, and then for thinking that they would be released on Tuesday. And I’m angry with myself for allowing myself to become so inured to this regime that the fact of the police at the meeting seems normal.

And I’m angry for not having any idea about where to take this anger – for having no idea of a constructive outlet for it. What can I do for my colleague and these 45 other individuals? Who can I appeal to with any hope of success? I feel like the people who might listen don’t have any power. And the people who have power would never listen.