CALL FOR PROSECUTION OF ZIMBABWE POLICE FOR CRIMES

C O N F I D E N T I A L PRETORIA 000643 SIPDIS SIPDIS DEPT FOR AF/S, S/WCI, L, PM E.O. 12958: DECL: 03/27/2018 TAGS: PREL KAWC SF ZI SUBJECT: CALL FOR PROSECUTION OF ZIMBABWE POLICE FOR CRIMES AGAINST HUMANITY Classified By: Charge d'Affaires Donald Teitelbaum. Reasons 1.4(b) and (d). ¶1. (SBU) The Southern Africa Litigation Centre (SALC) has publicly called on the South African National Prosecuting Authority (NPA) to investigate and prosecute Zimbabwean security officials for crimes against humanity. According to Nicole Fritz, Executive Director of SALC, South Africa's Implementation of the Rome Statute of the International Criminal Court enables authorities to prosecute foreign nationals for crimes against humanity committed outside its territory if the suspect "after the commission of the crime, is present in the territory of the republic." Fritz told PolOff March 26 that SALC wants the NPA to be prepared to arrest implicated individuals as soon as they cross into South African territory. (NOTE: Many Zimbabwean officials visit South Africa for medical care, shopping, or to see family. END NOTE.) ¶2. (SBU) The SALC, which is funded by the Open Society Initiative for Southern Africa (OSISA),provided NPA with a lengthy and detailed legal submission containing affidavits from victims of torture. The affidavits describe in detail crimes against humanity committed during the March 2007 crackdown on the political opposition in Zimbabwe, which SALC believes are part of a systematic pattern of abuse against the political opposition, and thus fall within the Rome Statute. Several prominent and respected members of the South African bar, led by Durban-based Professor Max du Plessis, assisted with the legal submission. ¶3. (C) Although the SALC has publicized its Zimbabwe submission widely in the press, it is not publicly releasing the full text of the NPA submission to protect the identities of the witnesses. Fritz told PolOff that the submission implicates 18 Zimbabwean security officials, ranging from low-level police officers to commanders, who knew or had reason to know about the torture, including members of the JoinQperations Command (JOC). SALC did not/not implicate President Mugabe in their submission, even though there may be a legal case against him, in part because it did not want NPA to be distracted by head of state immunity arguments. ¶4. (C) Fritz is doubtful that the NPA will take up such a politically-charged case, the first test of South Africa's Rome Statute law. The head of NPA's Priority Crimes Unit told Fritz privately that the Presidency and senior members of the Department of Foreign Affairs told NPA they expect to be consulted on their response to SALC -- which Fritz took as a signal that the Presidency does not want a criminal investigation interfering with its diplomatic efforts in Zimbabwe. ¶5. (C) Even if the NPA refuses to accept the case, Fritz hopes that the submission might cause Zimbabwean officials to "think twice" before cracking down on opposition supporters around the upcoming election. SALC has received numerous reports from sources in Zimbabwe who said that senior Zimbabwean officials were aware of and discussing the SALC's submission. ¶6. (C) COMMENT: While we are not in a position to comment on whether the SALC submission will deter human rights abuses in Zimbabwe, it has generated a lively and healthy debate in South Africa about the country's human rights record and obligations. The SALC Zimbabwe initiative may be a harbinger Qobligations. The SALC Zimbabwe initiative may be a harbinger of greater activism among South African-based non-governmental organizations on international human rights issues, which we believe would be a positive and welcome development. END COMMENT. TEITELBAUM