ZANU-PF HARDLINERS USE ARRESTS TO MAINTAIN PRESSURE

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000130 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: 02/17/2018 TAGS: PGOV PREL ASEC PHUM KDEM ZI SUBJECT: ZANU-PF HARDLINERS USE ARRESTS TO MAINTAIN PRESSURE REF: A. HARARE 115 ¶B. 08 HARARE 1147 Classified By: Ambassador James D. McGee for reason 1.4(b) and (d). -------------- SUMMARY -------------- ¶1. (C) On Friday Feburary 13, MDC Treasurer and nominee for Deputy Minister of Agriculture, Roy Bennett, was arrested at an airport outside Harare and taken in a high speed getaway to the eastern city of Mutare. Although lawyers were assured he would be brought to court on Monday February 16, the hearing was delayed while hundreds of MDC supporters maintained a 24-hour vigil outside the courthouse and adjoining jail where Bennett continues to be held. In other court cases on the 13th and 16th for abduction victims, the State continued its attempts to deny abductees medical care and to delay hearings and a trial date. ZANU-PF hardliners may be using continued arrests and intimidation as a bargaining chip to secure amnesty for human rights abuses. END SUMMARY. -------------- Details of Bennett's Arrest -------------- ¶2. (U) On the afternoon of February 13, Bennett and a group of friends were in a small plane, cleared for takeoff at Prince Charles Airport, a small airport just outside Harare, when the control tower told the plane to return to the terminal. Bennett, the MDC's treasurer and nominee for Deputy Minister of Agriculture had recently openly returned from South Africa where he was in self-imposed exile after fleeing in 2006 when police wanted to question him in connection with an arms cache. The arms cache was discovered in 2006 at the home of friend and colleague Peter Hitschman. The state alleged that Bennett and Peter Hitschman conspired to use the arms (found at Hitschman's Mutare home) to destroy a government communications tower. Hitschman faced trial and was found not guilty of the insurgency charge but was found guilty of possessing weapons without a license. Hitschman remains in the Mutare remand prison, where MDC supporters contine to bring him food on a daily basis, and is due to be released in June 2009. Bennett had gone into hiding in Harare after learning there was a warrant for his arrest based on the 2006 charges and was en route back to South Africa. He was planning to return to Harare for his swearing-in. ¶3. (C) After the plane returned to the terminal, Bennett was taken to Goromonzi police station (near Harare) and charged with treason. He was then driven at high speed towards Mutare. A strong network of MDC supporters followed the truck he was in to the Mutare police station. (NOTE: Witnesses told us police later took off the civilian license plates, revealing a Ministry of Lands license plate underneath - indicating the vehicle originated from the Reserve Bank. END NOTE.) ¶4. (U) According to Zimbabwean law, an accused person must be brought to court to face charges and be granted the opportunity to apply for bail within 48 hours of arrest, or 96 hours over the weekend. Bennett's team of lawyers was Q96 hours over the weekend Bennett's team of lawyers was assured he would appear in court on the morning of Monday February 16 at 10:00 a.m. A group of diplomats (American, German, Dutch, and European Commission) went to Mutare for the hearing and found hundreds of well-wishers and numerous journalists on the sidewalk in front of the courthouse. Mid-morning, the State was granted a warrant for 48 additional hours' detention. Local police officials informed HARARE 00000130 002 OF 003 Bennett's lawyers that a prosecutor from Harare (presumably Florence Ziyambi, the GOZ's lead prosecutor) was coming to present the State's argument. Despite the fact that Bennett was not brought to court on Monday, the local prosecutor informed his attorneys that the State was changing the charges from treason to attempting to commit acts of insurgency, banditry, sabotage, or terrorism. ¶5. (SBU) On Tuesday, Bennett appeared in court in Mutare and was charged with banditry and violating the immigration act by leaving and returning to the country illegally. The hearing continued for several hours in the afternoon. (NOTE: We will provide an update with details from the afternoon portion when the hearing is over. END NOTE) -------------- MDC Manicaland Organizes Supporters -------------- ¶6. (C) When Bennett arrived at the Mutare police station on Friday evening, a crowd of approximately 200 MDC supporters gathered outside the station. Word quickly spread that they planned on moving Bennett to a secret location. When the truck that had brought Bennett to Mutare began to leave the station, the singing crowd moved to block it. Police, who included reinforcements brought from nearby Birchenough Bridge and Harare, forced the crowd back. Several MDC supporters told us that the Mutare officers held batons threateningly while imploring in peaceful whispers "please back up" -- while supervising officers from Harare looked on from a distance. The MDC believed that reinforcements were brought in because police knew the Mutare officers would not act violently against their fellow citizens. The officers from Birchenough Bridge brought three German Shepherd dogs -- usually used to control diamond diggers in Chiadzwa -- to control the crowd. One person was bitten by one of the dogs, but MDC supporters beat the officer and stole his tear gas canisters from his belt. Another MDC supporter was badly beaten. In retaliation, MDC supporters broke windows at several ZANU-PF affiliated businesses in downtown Mutare. On Monday, the security presence around the courthouse and jail remained high; police also drove in two water cannon trucks from Harare which were conspicuously driven past the courthouse during the day. ¶7. (U) On Saturday, 10 MDC supporters who participated in the Friday protest were arrested, including the man bitten by the dog. They remain in custody. ¶8. (SBU) Since Bennett's arrest, hundreds of MDC supporters have gathered outside the court in a calm 24-hour vigil. Throughout the day on Monday, Mutare's Mayor Brian James and several MPs and Senators from Manicaland stayed at the courthouse, sharing information with lawyers, diplomats, journalists, and MDC supporters. The attention, organization and massive support from both high-level MDC officials and average citizens stood in stark contrast to the abduction cases in Harare; very few senior-level MDC supporters have Qcases in Harare; very few senior-level MDC supporters have attended any of the numerous court hearings since 18 abductees appeared in Harare jails on December 23. On Monday, Mayor James took the unusual step of arranging for someone to bring food to the courthouse to feed police, who had not eaten and were only paid $37 trillion last month -- less than USD1. -------------- Abductee Update: No Closer to Release -------------- ¶9. (C) Separately, on Friday February 13 Magistrate Gloria Takundwa ruled in Harare that Jestina Mukoko and Fidelis Chiramba should remain at Avenues Clinic for examination and HARARE 00000130 003 OF 003 treatment until both the prison doctor and their own doctors have deemed them fit to return to Chikurubi prison. Their continued detention will be reviewed again on February 27. Mukoko, Chiramba, and Ghandi Mudzingwa (whose medical orders were issued by the High Court) were taken to Avenues mid-day Thursday February 12, treated for several hours, and then taken back to Chikurubi by prison officials (ref A). Late on the night of the 12th, prison officials relented and allowed the three to return to Avenues where they were admitted and remain. ¶10. (U) In the Friday hearing, Takundwa took the unusual step of insisting on visiting Mukoko and Chiramba at Avenues Clinic, together with lawyers for both sides. Initially, prosecutor Florence Ziyambi said the State was not prepared for the hearing because they had not yet received opinions from all medical experts. Takundwa, however, refused to delay the hearing. ¶11. (U) After returning from the hospital, the State called one witness, Dr. Makadza, the doctor from Chikurubi prison. Dr. Makadza told the court that he believed Mukoko and Chiramba should remain in hospital for at least one week for tests and treatment. He explained that Chiramba has severe high blood pressure that he could not control with medication, congestive heart failure, and renal failure. He also told the court that Mukoko suffered from a high temperature from an undetermined cause, high blood pressure, high blood sugar, and thrombophlebitis -- injury-induced swelling on the soles of her feet (NOTE: These injuries were likely caused when Mukoko was tortured by state agents in mid-December (ref B). END NOTE.). Prosecutor Florence Ziyambi attempted to contest the evidence and opinions set forth by Dr. Makadza and requested additional time to call another doctor who was "unavailable" at the time. Takundwa refused. ¶12. (C) On Monday, the seven men accused of bombing police stations (Chris Dhlamini and others) were due to appear for a bail hearing. The State requested a postponement of the earing, as the prison did not have fuel to bring the prisoners. Magistrate Takundwa deferred the hearing to February 18, but told the State to ensure the prisoners were present. -------------- COMMENT -------------- ¶13. (C) Bennett's arrest and the State's continued use of delay tactics with respect to the abductees continue to frustrate hopes for the unity government. It is not yet clear whether Mugabe ordered or acquiesced in Bennett's arrest or whether hardliners, including security chiefs, and Emmerson Mnangagwa, are going around Mugabe to attempt to sabotage the government through refusing to release detainees and actions such as the arrest of Bennett. END COMMENT. MCGEE