BAIL APPROVALS INDICATE SLIGHT GOZ SHIFT IN RIGHT

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000182 SIPDIS AF/S FOR B. WALCH DRL FOR N. WILETT ADDIS ABABA FOR USAU ADDIS ABABA FOR ACSS STATE PASS TO USAID FOR J.HARMON AND L. DOBBINS E.O. 12958: DECL: 03/04/2019 TAGS: PGOV PREL ASEC PHUM KDEM ZI SUBJECT: BAIL APPROVALS INDICATE SLIGHT GOZ SHIFT IN RIGHT DIRECTION REF: A. HARARE 163 ¶B. HARARE 130 ¶C. HARARE 115 Classified By: Ambassador James D. McGee for reason 1.4(d). -------------- SUMMARY -------------- ¶1. (C) Of the 32 persons abducted between October and December 2008, 21 have now been released, including human rights activist Jestina Mukoko who was released on bail on March 2. The granting of Deputy Agriculture Minister-designate Roy Bennett's bail was reaffirmed in the high court on March 3, although he has not yet been released. In the last week, others have been arrested on various politicized charges, but most of them have been released relatively quickly. In a new twist, MDC supporters across Zimbabwe are trying to take back property stolen during 2008 election violence, and many of these individuals have been arrested. END SUMMARY. -------------- 32 Abductees: 9 still missing -------------- ¶2. (U) Of the 32 persons abducted at the end of 2008 (ref C), most have now been released: 16 granted bail, 13 of these released, 1 escaped, 6 in custody without bail, and 9 still missing. Of the nine people accused of plotting an armed insurgency from Botswana, including Jestina Mukoko, all have been granted bail under stringent conditions. Press reports that the abductees were forced to rescind allegations of torture as a condition of release are inaccurate. There are several complaints pendig in the courts contesting their abductions, torture, and arrests. ¶3. (SBU) On Friday February 27, Magistrate Mishrod Guvamombe granted bail to eight people: Concillia Chinanzvavana, Emmanuel Chinanzvavana, Broderick Takawira, Violet Mupfuranhewe, Fidelis Chiramba, Collen Mutemagau, Pieta Kaseke, and Audrey Zimbudzana. The bail conditions were stringent: US$600 bail, surrender of all travel documents, deposit of US$20,000 or title deeds for surety, and a requirement to report to their local police station twice a week. On Saturday February 28, Takawira and Chiramba were released after meeting all requirements. Because some do not own property or have passports, it has taken a few days to gather documentation proving they do not have passports. �A;Defense attorneys succeeded in getting the State to scrap the requirement for the US$20,000 deposit or title deed. As of mid-day March 4, three of those granted bail remain in state custody, although lawyers believe they will be released soon. ¶4. (U) On Monday March 2, Jestina Mukoko's lawyer made a bail application before Magistrate Guvamombe which was granted under the same conditions as the group granted bail on February 27. Mukoko satisfied bail conditions the same day and was unshackled at Avenues Clinic, where she continues to receive medical care. ¶5. (U) Also on March 2, four abductees (Mapfumo Garutsa, Regis Mujeyi, Chinoto Zulu, and Zachariah Nkomo) accused of bombing police stations were released following a bail order by High Court Justice Yunus Omerjee. Omerjee ruled on Qby High Court Justice Yunus Omerjee. Omerjee ruled on February 27 that his February 19 bail order for the four stands, despite a State request to appeal bail. The four are required to deposit Z$1,000, surrender travel documents, to report twice daily to their local police station, and not interfere with state witnesses; they are not allowed to leave HARARE 00000182 002 OF 003 their homes other than for court appearances or to report to the police station. The other three accused of bombings (Chris Dhlamini, Ghandi Mudzingwa, and journalist Shadreck Manyere) remain in state custody; lawyers are working feverishly to secure their release. All seven are scheduled to appear in court again on March 6. ¶6. (SBU) Three other abductees remain in state "protective custody" as state witnesses: Fanny Tembo, Lloyd Tarumbwa, and Terry Musona. Their lawyer is scheduled to appear in the High Court on March 6,to apply for their immediate release. ¶7. (U) As reported in ref C, two other abductees were released and charges against them were dropped. Two-year-old Nigel Mutemagau was also released after being abducted with his parents in October. Bothwell Pasipamire escaped detention and remains in South Africa. Nine others remain unaccounted for. -------------- Bennett: Bail Granted but Still in Custody -------------- ¶8. (SBU) On February 24, MDC Treasurer and Deputy Agriculture Minister-designate Bennett was granted bail in the High Court following his arrest on February 13 (ref B). The State then invoked section 121 of the Criminal Procedure and Evidence Act, suspending bail and giving the State time to file an appeal. High Court Judge Tedius Karwi threw out the State's application to appeal bail late on March 3. However, on March 4, procedural roadblocks continued to prevent Bennett's release. Karwi's order was locked in a cabinet in his office for most of the day, and no one could find either the key or Karwi. After lunch, Karwi turned up and the order is en route to Mutare, where Bennett is being held, in order for the release order to be written up. Also on March 4, the State filed an appeal to the bail order in the Supreme Court, but it is unclear if this appeal will prevent his release. As of 4:30 p.m., the documentation has arrived in Mutare, but the court clerk is refusing to accept the US$2,000 bail. An MP in Mutare tells us that Bennett's lawyers are seeking out the magistratedES)+BX}ill spend at least one more night in jail. -------------- WOZA, ZINASU - Beaten, Arrested, Released -------------- ¶9. (U) Five members of Women of Zimbabwe Arise (WOZA) were arrested on February 26 when they attempted to deliver a petition to Education Minister David Coltart asking that the 2008 school year be canceled (ref A). They were granted bail of US$50 each and released on March 2. ¶10. (U) The group of eight WOZA women and two lawyers with Zimbabwe Lawyers for Human Rights (ZLHR) that were arrested during a Valentine's Day protest on February 10 (ref C) Qduring a Valentine's Day protest on February 10 (ref C) appeared in court on March 4. Their trial is now scheduled for March 25. ¶11. (U) On February 26, six members of the Zimbabwe National Students Union (ZINASU),including Chairperson Madock Chivasa of the National Youth Forum, were arrested by police in Masvingo following a public meeting. Chivasa addressed the crowd of approximately 300 youths on "the role of youths in the transitional period vis-a-vis national healing, peace building, and conflict transformation." The six were initially accused of inciting violence; all were released on HARARE 00000182 003 OF 003 February 27 and charges against them were dropped. They were beaten when arrested, but none sustained serious injuries. -------------- -------------- Some MDC Supporters Arrested for Taking Back Belongings -------------- -------------- ¶12. (SBU) Across Zimbabwe, MDC members, perhaps emboldened by the new government, are seeking to take back their livestock, farm implements, and other possessions that were stolen by ZANU-PF supporters during election violence in 2008. While some allege the MDC is supporting these efforts, NGs investigating the incidents report that the MDC is not organizing these attempts. 52 MDC supporters were arrested in Mutoko, 38 remain in custody. 13 were arrested in Mbare on February 16, charged with public violence; eight were granted bail on March 5. On February 18, eight were arrested in Gokwe; they were later granted bail, which the State appealed. 86 were arrested in Nyanga on February 27 and released on the 28th, also for trying to take back stolen goods. -------------- -------------- While Others Gather Undisturbed Outside Harvest House -------------- -------------- ¶13. (U) On March 4, approximately 300 MDC supporters spontaneously gathered in front of the MDC headquarters, known as Harvest House, waiting for Prime Minister Morgan Tsvangirai, who was in the building. PM Tsvangirai briefly addressed the crowd as he left the building, and the crowd dispersed peacefully. Embassy staff in the area reported there were no police or attempts to disrupt the gathering. (NOTE: Harvest House was raided twice in 2008 by riot police seeking to remove MDC supporters who had sought refuge there. END NOTE.) -------------- COMMENT -------------- ¶14. (C) Events in the last week represent a mixed bag of setbacks and advances in the long march towards a freer Zimbabwe. On the positive side, bail was granted for Jestina Mukoko, Roy Bennett, and others abducted and incarcerated on trumped up political charges. In addition, the peaceful gathering of MDC supporters in front of Harvest House would have been unimaginable just a few weeks ago. Nonetheless, recent incidents of police brutality against women, youths, and innocent bystanders as well as the arrests of dozens of MDC supporters seeking to take back their property represent the lawlessness and impunity that have characterized Zimbabwe for years. Bennett's continued detention because of a missing key and a refusal to obey a court order is also worrisome in that these kinds of silly delays are not unusual and are easily interpreted as intentional political maneuvering. Only when these political arrests, beatings, and delay tactics finally come to a halt can we celebrate a shift towards freedom and respect for human rights. END COMMENT. MCGEE