FORMER PRESIDENT CANAAN BANANA SENTENCED TO

UNCLAS HARARE 002906 SIPDIS LONDON FOR PFLAUMER PARIS FOR BISA WILLIAMS E.O. 12958: N/A UNCLASSIFIED PAGE 02 HARARE 02906 011337Z TAGS: PHUM PGOV ZI SUBJECT: FORMER PRESIDENT CANAAN BANANA SENTENCED TO ONE-YEAR IMPRISONMENT FOR SODOMY ¶1. ON MAY 29, THE ZIMBABWE SUPREME COURT UPHELD A HIGH COURT CONVICTION OF ZIMBABWE'S FORMER NON-EXECUTIVE PRESIDENT CANAAN BANANA (1980-1987),SENTENCING HIM TO ONE-YEAR IMPRISONMENT FOR 11 COUNTS OF SEXUAL OFFENSES. BANANA WAS CONVICTED IN THE HIGH COURT IN JANUARY 1999 FOR 11 COUNTS OF SODOMY, ARISING OUT OF CHARGES BROUGHT AGAINST HIM IN 1997 BY HIS FORMER AIDE-DE- CAMP, JEFTA DUBE. THE SODOMY CHARGES AGAINST BANANA FIRST SURFACE IN DURING DURING DUBE'S TRAIL FOR MURDERING A POLICEMAN IN 1997 WHO HAD CALLED HIM BANANA'S "WIFE." DUBE PLEADED MENTAL INCAPACITY DUE TO THE YEARS OF SEXUAL ABUSE BY BANANA AND WAS SENTENCED TO 10 YEARS IMPRISONMENT. FOLLOWING BANANA'S HIGH COURT CONVICTION, DUBE APPLIED FOR A PRESIDENTIAL PARDON. ¶2. THE SUPREME COURT RULED THAT ALTHOUGH THE ZIMBABWE CONSTITUTION DID NOT MAKE SODOMY A CRIME, THE PRACTICE WAS ILLEGAL UNDER THE COMMON LAW. THE COURT, HOWEVER, REDUCED THE HIGH COURT SENTENCES IMPOSED ON EACH OF THE 11 COUNTS, SUSPENDING THE JAIL SENTENCES ON SEVERAL CHARGES OF SODOMY AND INDECENT ASSAULT, ON THE CONDITION THAT BANANA NOT COMMIT THE SAME CRIME IN THE NEXT THREE YEARS. BANANA WAS, HOWEVER, SENTENCED TO FIVE YEARS FOR THE NUMEROUS "UNNATURAL OFFENSES" AGAINST DUBE, WITH TWO YEARS SUSPENDED FOR THREE YEARS ON THE CONDITION THAT HE PAID APPROXIMATELY USD 89 RESTITUTION TO DUBE BY AUGUST 31. THE SUPREME COURT EFFECTIVELY ONLY ORDERED THAT THE FORMER PRESIDENT SERVE UNCLASSIFIED PAGE 03 HARARE 02906 011337Z ONE-YEAR INCARCERATED. 3: BANANA'S CONVICTION IS THE FIRST TIME A SENIOR GOVERNMENT OFFICIAL HAS BEEN PROSECUTED FOR A CRIME INVOLVING HOMOSEXUALITY. BANANA CONTINUES TO MAINTAIN THAT HIS CONVICTION WAS "POLITICALLY MOTIVATED" AND HE HAS DECLINED TO REVEAL WHETHER HE WOULD APPLY FOR A PRESIDENTIAL PARDON. DURING BANANA'S APPEAL PERIOD, HOWEVER, WE HAVE SEEN NO EVIDENCE OF ANY HARASSMENT DIRECTED AT THE FORMER PRESIDENT. SINCE JANUARY 1997 BANANA HAS BEEN FREE TO TRAVEL ABROAD FOR MEDICAL TREATMENT AND HAS NOT BEEN SUBJECTED TO ANY EXTREME BAIL RESTRICTIONS OR OTHER HARDSHIPS. NEVERTHELESS, PRESIDENT MUGABE HAS CONSISTENTLY ATTACKED HOMOSEXUALS AS "PIGS AND DOGS" AND HAS DESCRIBED SUCH SEXUAL ORIENTATION AS AGAINST AFRICAN CULTURE. THIS VEHEMENT ANTI-GAY STANCE WILL MAKE IT DIFFICULT FOR HIM TO NOW PARDON HIS CLOSE ALLY. ZIMBABWEAN SOCIETY REMAINS GENERALLY HOSTILE TOWARDS GAY PEOPLE, ALTHOUGH NOT VIOLENT, AS EVIDENCED IN THE PUBLIC'S RELUCTANCE TO ADDRESS HOMOSEXUAL CONCERNS DURING THE NATIONAL DEBATES DURING LAST YEAR'S CONSTITUTIONAL REFERENDUM OUTREACH MEETINGS. FOLLOWING THE HIGH COURT CONVICTION, MANY PEOPLE INDICATED THAT BANANA'S SENTENCE WAS TOO LENIENT, BUT EXPRESSED SATISFACTION THAT AT LEAST HE DID NOT TOTALLY ESCAPE PUNISHMENT FOR HIS CRIMES. MCDONALD UNCLASSIFIED >