TSVANGRIRAI AND MISTREATED OPPOSITION DETAINEES

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000198

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AF/S FOR S. HILL
NSC FOR SENIOR AFRICA DIRECTOR B. PITTMAN
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS

E.O. 12958: DECL: 03/13/2017
TAGS: PGOV PHUM PREL ASEC ZI
SUBJECT: TSVANGRIRAI AND MISTREATED OPPOSITION DETAINEES
APPEAR IN COURT

REF: REFTEL: HARARE 000195

Classified By: Ambassador Christopher W. Dell under Section 1.4 b/d

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Summary
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1. (C) A badly beaten MDC President Morgan Tsvangirai and
fifty members of his party, including senior leaders from
both factions, finally appeared in court March 13. No
charges were filed with the court appearance turning on
access to medical treatment. The Ambassador and other
diplomats observed police and prosecutors disobey lawful
court orders and attempt to obstruct treatment. All of the
detainees were eventually taken to a hospital. What happens
next is unclear. Opposition lawyers tell us since charges
were not filed, the police have no legal basis to hold their
clients and they are working to secure their freedom.
However, the police continue to act with impunity, shooting
two unarmed mourners at the home of slain opposition activist
Gift Tandare, and may not obey a court order for the release
of Tsvangirai and the other detainees. End Summary.

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Courtroom Drama Unfolds As Medical Aid Delayed
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2. (SBU) A High Court judge last night ruled that the fifty
opposition members arrested on March 11 were to be provided
access to attorneys and medical care by noon today. In a
sign of things to come the police and prosecutors only obeyed
several hours after the fact. No charges were filed at the
hearing, which instead centered on access for the detainees
to medical care. The Ambassador, along with the Ambassadors
from the UK, Australia, Spain, and Sweden, as well as
representatives from other Western Embassies witnessed
opposition lawyers pleading with court officials to allow
their clients -- many severely injured -- access to medical
care. A weakened Morgan Tsvangirai had a large cut on his
head and a swollen eye, and NCA chairman Lovemore Mhaduku's
arm was in a cast and head in a bandage. The Ambassador also
saw one opposition youth spread out on the floor,
semi-conscious and obviously in need of urgent attention.


3. (SBU) Initially, the attorney general's representative
agreed that four individuals, specifically named on the High
Court Judge's order of the previous evening, could be taken
to the hospital. Tsvangirai, one of the four, refused to go
unless all in need of treatment were permitted to go. After
negotiations with defense attorneys and consultations with
her supervisors, the attorney general's representative
relented. However, the police officer-in-charge initially
refused to obey the decision, further delaying medical
treatment for several hours more. Eventually, the police
officer relented as well and all were taken by ambulance and
in police custody to Avenues Hospital in Harare. The youth
activist on the floor appeared to be declining quickly and
the attorney general's representative also relented in his
transfer to the hospital after observing his condition with
evident shock and worry, despite the fact that his name was
on no list of detainees.

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No Charges Filed
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4. (SBU) Zimbabwean law requires charges to be brought

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within 48 hours. As noted above, no charges were brought
against the detainees during today,s hearing. The lawyers
for Tsvangirai and the other MDC leaders told us they would
demand their clients be released after medical treatment.

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Anger Boiling Over
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5. (C) As Tsvangirai and others were led from court several
hundred onlookers sang the MDC's party song. After the
ambulance departed some in the crowd started singing and
toy-toying, most fled when the riot police chased them. The
Ambassador observed the police pull several women out of
parked vehicle, and put into police trucks and taken into
custody.


6. (C) Separately, police shot and seriously injured two
mourners at the home of Gift Tandare, the MDC youth slain by
police on Sunday. Anti-Senate MDC advisor Jameson Timba told
poloff that Tandare's family had given the MDC permission to
hold the a wake on March 16 at the opposition's headquarters
in downtown Harare and to conduct a funerary march to be lead
by Tsvangirai, assuming he has been released, the day after.


7. (SBU) Zimbabwe Lawyers for Human Rights Lawyer Otto Saki
also informed us that opposition activists protested in Gweru
earlier today in solidarity of those detained in Harare.
This follows on the heals of the MDC protest in Mutate
yesterday in which some 75-100 were detained by police.

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Comment
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8. (C) Tsvangirai's dramatic court appearance today
confirmed the reports that he was badly mistreated while in
police custody. He and many of the other MDC members showed
visible signs of abuse, but contrary to earlier reports
Tsvangirai appeared alert, engaged, and the clear leader of

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the detainees. However, the detainees were in high spirits
and seemed unbowed by their ordeal. The MDC as a whole seems
similarly energized by the events of the past two weeks. In
a hopeful sign that the party's split may be healing,
Tsvangirai and rival faction leader Mutambara sat together in

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the court room and chatted often. It would be ironic if it
were the government and its brutal tactics that healed the
rift within the MDC. The government's tactics may also cause
the very upsurge in opposition activity they are designed to
suppress. In that regard, the next few weeks, and in
particular the funeral procession for Tandare, are likely to
be extremely telling.
DELL