ATTORNEY GENERAL ORDERS ARREST OF SENIOR MDC OFFICIAL

UNCLAS SECTION 01 OF 02 HARARE 000503 SENSITIVE SIPDIS AF/S FOR B. WALCH DRL FOR N. WILETT ADDIS ABABA FOR USAU ADDIS ABABA FOR ACSS NSC FOR SENIOR AFRICA DIRECTOR M. GAVIN STATE PASS TO USAID FOR L.DOBBINS AND E.LOKEN E.O. 12958: N/A TAGS: PHUM ASEC KDEM PGOV PREL ZI SUBJECT: ATTORNEY GENERAL ORDERS ARREST OF SENIOR MDC OFFICIAL REF: A. HARARE 466, B. HARARE 461 -------------- SUMMARY -------------- ¶1. (SBU) Attorney General (AG) Johannes Tomana is continuing his pursuit of attorneys and MDC officials who seek to protect and defend the MDC officials who were abducted late last year. On June 16, at the behest of Tomana, senior MDC-T official Toendepi Shonhe was arrested on charges of perjury. Tomana contends Shonhe made false statements under oath in a high court hearing on June 6 when he testified that three MDC officials who had been abducted last year had been re-abducted on June 2. Separately, human rights lawyer Alec Muchadehama - responding to a summons issued by the AG - arrived at court to face charges of obstruction of justice on June 17 only to learn the AG's office wasn't yet ready to begin the trial. END SUMMARY. -------------- -------------- AG Orders Arrest, Denial of Bail for MDC Official -------------- -------------- ¶2. (SBU) Shonhe was summoned to the Harare central police station on June 16 where he was questioned; late in the day he was arrested on charges of perjury. The allegations stem from an affidavit Shonhe submitted in the High Court on June 6 that three MDC members, previously abducted and then released, had been re-abducted on June 2 (Ref A). The State contends the three were not re-abducted. ¶3. (SBU) Shonhe appeared before Magistrate Munyonga on June 17 where the prosecutors from AG Tomana's office opposed bail on grounds that Shonhe would interfere with witnesses. Prosecutors presented evidence from notorious policeman Detective Inspector Henry Dowa who said he wanted Shonhe to remain in custody until he finished investigations, which he said would go on for an "unspecified" period. Defense lawyers Alec Muchadehama and Innocent Maja argued the AG's refusal to consent to bail was vindictive and intended to punish Shonhe for exposing the AG's illegal plan to force MDC abductees to testify falsely against their colleagues. On June 18, Magistrate Munyonga granted bail, but the prosecutor immediately filed notice that the AG would appeal, forcing Shonhe to remain in jail. Shonhe's supporters in the crowded courtroom collectively groaned in dismay when the prosecutor announced his intent to appeal. -------------- AG Targeting Human Rights Lawyers -------------- ¶4. (SBU) On June 16, human rights lawyer Innocent Chagonda told us that Tomana initially planned to arrest him and his law partner Chris Mhike in connection with their representation of MDC abductees Fanny Tembo, Lloyd Tarumbwa, and Terry Musona. Chagonda said that he wrote to Judge President Rita Makarau, who intervened and prevented the lawyers' arrest. Having failed to arrest Chagonda and Qprevented the lawyers' arrest. Having failed to arrest Chagonda and Mhike, Tomana settled for Shonhe. ¶5. (SBU) Separately, human rights lawyer Alec Muchadehama appeared in court on the morning of June 17, prepared to stand trial on obstruction of justice charges relating to the release on bail of of abductees Chris Dhlamini, Ghandi Mudzingwa, and Andrisson Manyere (Ref B). According to Muchadehama's attorney, Beatrice Mtetwa, on the morning of the trial the prosecutor arrived in court, said he wasn't ready for trial, and left. Mtetwa described the prosecutor's HARARE 00000503 002 OF 002 behavior as bizarre and a blatant violation of court procedure. The prosecutors have reportedly claimed they want to prosecute someone else along with Muchadehama. -------------- Comment -------------- ¶6. (SBU) Notwithstanding the formation of the inclusive government in February, ZANU-PF continues to use the AG's office to harass its opponents and to deny them their civil and political rights. By attacking the handful of human rights lawyers that are actively defending MDC officials and victims, the AG's office is continuing with its relentless attack on Zimbabwe's brave dissenting voices. This state of affairs will surely continue and possibly worsen unless there is full implementation of the Global Political Agreement, particularly the replacement of Tomana with an impartial Attorney-General. END COMMENT. MCGEE