MUGABE PARDONS PERPETRATORS OF POLITICAL

C O N F I D E N T I A L HARARE 005692

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH

LONDON FOR CHARLES GURNEY

PARIS FOR BISA WILLIAMS

PASS USAID FOR A/AID-RMCCALL, AA/AFR-VDERRYCK, AFR/SA-
CPALMA

PASS USTR FOR RWHITAKER

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PAGE 02 HARARE 05692 101517Z
E.O. 12958: DECL: 10/10/10
TAGS: PHUM PGOV ZI
SUBJECT: MUGABE PARDONS PERPETRATORS OF POLITICAL
VIOLENCE

REF: HARARE 5675

CLASSIFIED BY CHARGE D'AFFAIRES EARL M. IRVING.
REASONS: 1.5 (D).


1. (U) ACTION REQUEST. PLEASE SEE PARA 5.


2. (U) IN AN EXTRAORDINARY GOVERNMENT GAZETTE PUBLISHED
OCTOBER 6, PRESIDENT MUGABE GRANTED A PARDON "TO EVERY
PERSON LIABLE TO CRIMINAL PROSECUTION FOR ANY
POLITICALLY-MOTIVATED CRIME" COMMITTED BETWEEN JANUARY 1
AND JULY 31, 2000. THE PARDON SPECIFICALLY APPLIES TO
POLITICAL CRIMES COMMITTED IN CONNECTION WITH THE
FEBRUARY CONSTITUTIONAL REFERENDUM AND THE JUNE
PARLIAMENTARY ELECTIONS. CURIOUSLY, "SPECIFIED
OFFENSES," NAMELY MURDER, ROBBERY, RAPE, INDECENT
ASSAULT, THEFT, POSSESSION OF ARMS, AND ANY OFFENSE
INVOLVING FRAUD OR DISHONESTY, ARE EXCLUDED FROM THE
PARDON. HOWEVER, COMMON ASSAULT, KIDNAPPING,
MANSLAUGHTER, AND ASSAULT WITH INTENT TO COMMIT GRIEVOUS
BODILY HARM (WHICH IS MOST OFTEN USED IN TORTURE CASES),
AMONG OTHER UNSPECIFIED CRIMES COMMITTED DURING THAT
PERIOD, ARE EXEMPTED. THE AMNESTY COVERS THE VAST
MAJORITY OF POLITICAL VIOLENCE CASES ARISING DURING THE
PRE-ELECTION PERIOD, ACCORDING TO TONY REELER, DIRECTOR
OF THE HUMAN RIGHTS ORGANIZATION AMANI TRUST.
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3. (C) REELER FURTHER REMARKED THAT THE PARDON WILL
FORCE HIS ORGANIZATION TO PURSUE ITS MYRIAD HUMAN RIGHTS
CASES THROUGH THE MUCH MORE EXPENSIVE CIVIL COURTS,
RATHER THAN THE CRIMINAL COURTS. THE MOVE ALSO CASTS
SERIOUS DOUBT ON THE MDC'S ABILITY TO PURSUE ITS LEGAL
CHALLENGES TO THE VOTING RESULTS IN 37 CONSTITUENCIES,
MOST OF WHICH ARE BASED ON CHARGES OF POLITICAL
INTIMIDATION. THE PARDON HAD NOT BEEN REPORTED IN THE
LOCAL MEDIA OVER THE WEEKEND, BUT THE TRUSTEES OF THE
HUMAN RIGHTS NGO, LEGAL RESOURCES FOUNDATION (LRF),
CIRCULATED A STATEMENT OCTOBER 10 CONDEMNING THE PARDON
AS "COMPLETE CONTEMPT FOR THE RULE OF LAW." THE LRF
SAID THE AMNESTY SENDS "THE CLEAR MESSAGE THAT CRIMES
COMMITTED IN SUPPORT OF THE RULING PARTY WILL GO
UNPUNISHED."


4. (C) COMMENT: THE LANGUAGE OF MUGABE'S CLEMENCY ORDER
WOULD APPEAR TO LEAVE SOME ROOM OPEN FOR PROSECUTORS TO
TRY THE MOST EGREGIOUS OF THE HANDFUL OF POLITICAL
VIOLENCE CASES NOW BEFORE THE COURTS. HOWEVER, IT WILL
UNDOUBTEDLY DISCOURAGE ANY PROSECUTOR FROM PURSUING THE
THOUSANDS OF SERIOUS CRIMINAL CASES THAT HAVE YET TO SEE
THE LIGHT OF A COURTROOM. MUGABE CLEARLY INTENDS TO
PROTECT THOSE WHO CARRIED OUT HIS DIRTY DEEDS DURING THE
PRE-ELECTION PERIOD, AND HIS AMNESTY IS A CYNICAL
ATTEMPT TO WHITEWASH HIS CAMPAIGN OF TERROR WITH
LEGALITIES. IT SHOULD BE NOTED THAT THE PARDON WAS
QUIETLY SLIPPED INTO THE GAZETTE ON THE EVE OF THE
ADJOURNMENT OF THE U.S. CONGRESS AND THE DEATH IN
COMMITTEE OF THE ZIMBABWE DEMOCRACY ACT. HOME AFFAIRS
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PAGE 04 HARARE 05692 101517Z
MINISTER JOHN NKOMO APPEARS TO HAVE HINTED AT THIS
AMNESTY WHEN HE MADE HIS RECENT REMARK, IN RELATION TO
THE SHUTTING DOWN OF THE PRIVATE CAPITAL RADIO STATION,
THAT "THESE DAYS OF RUNNING TO THE COURTS WILL END SOON,
VERY SOON." (REFTEL).


5. (C) ACTION REQUEST: IT IS OUR SENSE THAT THIS
AMNESTY VIOLATES HUMAN RIGHTS NORMS, AND POSSIBLY
ZIMBABWE'S COMMITMENTS UNDER INTERNATIONAL LAW, AND IS
REPUGNANT TO THE SPIRIT IF NOT THE LETTER OF THE RULE OF
LAW. WE REQUEST DEPARTMENT'S LEGAL ASSESSMENT IN THIS
CONNECTION. SHOULD THE DEPARTMENT CONFIRM OUR
CONCERNS, POST RECOMMENDS THAT THE USG APPROACH AND
LODGE A PROTEST WITH THE GOVERNMENT OF ZIMBABWE. WE
WOULD APPRECIATE DEPARTMENT'S GUIDANCE ON THE
APPROPRIATE LANGUAGE TO USE IN SUCH A DEMARCHE.

IRVING

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