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