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 CONFIDENTIAL 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. CONFIDENTIAL PAGE 03 HARARE 05692 101517Z ¶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 CONFIDENTIAL 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 CONFIDENTIAL >