POLITICAL REPRESSION UPDATE

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000115 C O R R E C T E D C O P Y (PARAGRAPH NUMBERS) SIPDIS AF/S FOR B. WALCH DRL FOR N. WILETT ADDIS ABABA FOR USAU ADDIS ABABA FOR ACSS STATE PASS TO USAID FOR E. LOKEN AND L. DOBBINS E.O. 12958: DECL: 11/18/2018 TAGS: PGOV PREL ASEC PHUM KDEM ZI SUBJECT: POLITICAL REPRESSION UPDATE REF: A. HARARE 73 ¶B. HARARE 60 ¶C. HARARE 29 HARARE 00000115 001.2 OF 003 Classified By: Ambassador James D. McGee for reason 1.4(d). -------------- SUMMARY -------------- ¶1. (SBU) Even after Morgan Tsvangirai's inauguration as Prime Minister, political detainees including Jestina Mukoko and approximately 29 others remain in State custody. Encouragingly, on February 13 some were allowed access to a private medical facility and Prime Minister Tsvangirai attempted to visit abductees held at Chikurubi Maxium Security prison. During a protest organized by Women of Zimbabwe Arise (WOZA) on February 10, police arrested eight women and two lawyers who were nearby. Three were beaten by an officer and all were released on bail on February 13. MDC officials continue to face threats of arrest on unknown charges and the USAID employee charged with shooting Air Marshall Perence Shiri remains in custody. END SUMMARY. -------------- -------------- Political Detainees Still in Custody, Denied Medical Access -------------- -------------- ¶2. (U) At least eight detainees were taken to Avenues Clinic, a private hospital, on Friday February 6, in compliance with multiple court orders calling on police and prison services to grant them access to the private facility, a doctor of their own choosing, and "whatever treatment is necessary." While two doctors examined and treated the group, prison officials arrived at the prison and took them back to Chikurubi Maximum Security Prison, against their doctors, wishes. According to the doctors, several, including 72-year-old Fidelis Chiramba, require immediate medical attention and hospitalization. ¶3. (SBU) In a court hearing on Monday February 9, the State requested and was granted until Wednesday February 11 to verify the detainees' medical condition. In the same ruling, Magistrate Gloria Takundwa also reiterated previous court orders granting the detainees immediate access to whatever medical care is deemed necessary at Avenues Clinic. On Wednesday February 11, despite having had two days to "verify" the detainees' medical condition, Prosecutor Florence Ziyambi said the state needed time to provide its own medical practitioner, as the other doctors may have been "biased." Magistrate Takundwa denied Ziyambi's request and issued a new court order stating Jestina Mukoko, Fidelis Chiramba, and three others should be immediately released into the custody of a well-equipped hospital. ¶4. (C) (NOTE: Ziyambi is the State,s preferred prosecutor in highly political cases. She has prosecuted Tendai Biti, WOZA leaders, and other high profile political cases. Our colleagues at the British embassy tell us they have discussed adding her to the EU sanctions list, but are holding off since one could argue she is simply "doing her job." They are investigating other allegations that she has corroborated Qare investigating other allegations that she has corroborated with police to produce weak or fabricated evidence which may still land her on the EU list. END NOTE) ¶5. (U) Of the 32 persons abducted between late October and mid-December, only three have been released to date: two-year-old Nigel Mutemagau, Tawanda Bvumo, and Pascal Gonzo. Another, Bothwell Pasapamire, escaped detention to South Africa. Lawyers estimate 10 are still missing, and the other 18 remain in custody. ¶6. (U) The next scheduled court hearing is February 16 to review bail of the seven accused bombers (ref C). That group HARARE 00000115 002.2 OF 003 includes Ghandi Mudzingwa, Tsvangirai's former security chief. (NOTE: This week Tsvangirai nominated Mudzingwa's father, Tichaona Mudzingwa, for Deputy Minister of Defense. He is the only high-level MDC official that was in court on either February 9 or 11. END NOTE.) -------------- PM Tsvangirai visits Chikurubi -------------- ¶7. (SBU) On the afternoon of February 13, Tsvangirai visited Chikurubi Maximum Security prison, where abductees are being held, to observe prison conditions. -------------- AID Driver's Bail Hearing Delayed -------------- ¶8. (SBU) USAID Driver Frank Muchirahondo, who faces charges of shooting Air Marshall Perence Shiri (refs A and B),was scheduled to appear in the High Court on February 13 for a bail hearing. His hearing was moved to February 19, as no one could locate the prosecutor in the case. USAID staff continue to visit Muchirahondo on a daily basis. -------------- -------------- WOZA Women and Lawyers Arrested, Beaten, Released -------------- -------------- ¶9. (U) On Tuesday February 10, WOZA led their annual Valentine,s Day protest march through the streets of Harare under the theme "let love light the way." The 600 women in the march passed out roses and Valentine's Day cards to police and bystanders as they marched to the Parliament building. During the march, eight WOZA protesters and two human rights lawyers on the sidewalk near the march -- Tawanda Zhuwarara and Rose Hanzi -- were arrested. The ten were taken to Harare Central Police Station and thrown into cells where police denied lawyers access to the group for over 24 hours. After 48 hours in custody, the group was released on bail. ¶10. (U) Three of the women were beaten by police in custody. A pregnant woman was slapped after she refused a plain-clothes policeman's order to get into a vehicle because she did not know he was an officer. Two others were beaten on the soles of their feet by the same officer. The group of 10 face charges of disturbing the peace and is scheduled to appear for a hearing on March 4. Separately, Williams and fellow WOZA leader Magodonga Mahlangu are scheduled to face trial on February 26 in Bulawayo on different charges of disturbing the peace during previous WOZA protests in 2004 and 2008. -------------- MDC's Roy Bennet Threatened with Arrest -------------- ¶11. (C) Roy Bennet, the MDC's nominee for Deputy Minister of Agriculture, slept at the German Ambassador's residence on the night of February 10, following a tip-off that the police had a warrant for his arrest. Earlier that evening, police went to the residence of MDC-T MP Ian Kay and MDC Secretary for Welfare Kerry Kay to look for him. Bennet plans to remain in hiding until Friday, when ministers and deputy Qremain in hiding until Friday, when ministers and deputy ministers are due to be sworn in. There are reports that a warrant is also out for the arrest of MDC co-Minister of Home Affairs Mutsekwa, currently in the US on a Voluntary Visitor Program. -------------- COMMENT -------------- HARARE 00000115 003.2 OF 003 ¶12. (C) Despite pleas from international and regional leaders (as well as Tsvangirai) to release the abductees, it appears the State has no intention of giving them up any time soon. We are encouraged that Tsvangirai chose to visit the prison on his first day in office, which will help to allay fears that he and the MDC will forget the detainees. If they continue to languish in jail for much longer, however, many will question the ability of the MDC to effectively work with ZANU-PF officials and to act as an agent for change. The attempt to arrest Bennet and the arrest and mistreatment of WOZA members, at the same time Tsvangirai was being inaugurated, belie good faith on the part of ZANU-PF in forming part of a government of national unity. END COMMENT. MCGEE