Ongoing Abuses by ZANU-PF and Government-Backed Militias and War VeteransWhile levels of violence have decreased since the June 27 presidential runoff, Human Rights Watch remains seriously concerned by ongoing rights abuses in some parts of the country. ZANU-PF and its allies continue to use camps and bases to beat and torture perceived MDC activists and supporters. With certain parts of the country such as Mashonaland East, West and Central still not accessible to NGOs and the media, it is likely that the intimidation and violence documented in this report are only a small sample of the actual cases that have occurred. For example, on July 17 a group of ZANU-PF supporters and war veterans severely assaulted police officer Kingswell Muteta in Mudzi, Mashonaland East province.6 Muteta was visiting Mudzi to see his mother who had recently been assaulted by the same group of supporters and war veterans. The war veterans and supporters accused Muteta of visiting MDC supporters and sympathizing with them. They took Muteta to a base in Mudzi called Chimukoko and brutally beat him. Muteta was admitted at Kotwa hospital in Mashonaland East and later transferred to Avenues clinic in Harare where he died on July 25 from injuries sustained during the beating. Four other victims assaulted at the base by the war veterans and supporters were hospitalized at a private hospital in Harare and remain in serious condition.7 Local NGOs reported that on July 23, a group of war veterans and ZANU-PF supporters abducted MDC activist Fungisai Ziome from her home in Glendale, Mashonaland Central. Her burned and mutilated body was discovered in a maize field three days later.8 Human Rights Watch also received reports that in Buhera South, Manicaland province, an army colonel was patrolling and beating up villagers and preventing them going to seek medical attention. On July 17, a group of ZANU-PF militia severely beat more than 15 MDC activists in the area.9 In Chimanimani West, local NGO contacts informed Human Rights Watch that ZANU-PF supporters had set up a new base in a place called Gonzoni and were beating MDC activists at the base on a daily basis.10 The ZANU-PF supporters would take people to the base and question them about their links to the MDC and then mete out punishments ranging from performing community service, to payments of fines such as a cow or a goat, to beatings. Government Ban on Humanitarian AssistanceOn May 29, 2008, minister of social welfare Nicolas Goche issued a directive prohibiting the major international aid agency CARE International from distributing food in Masvingo province.11 Goche alleged that international aid agencies were using food distribution programs, set up to reach Zimbabwes population in need, to support the campaign of the MDC. On the same day, the minister of local government, Dr. Ignatius Chombo, issued a separate directive stating that all rural areas would fall under the jurisdiction of his ministry and that all food aid distribution would be carried out through local government structures. On June 4, the government suspended the operations of all local and international aid agencies.12 Despite appeals by the United Nations (UN) and international aid agencies about the critical and worsening food security situation in the rural areas, the government is yet to lift the suspension. In a statement on August 3, the United States government aid agency USAID expressed concern about the continued suspension and stated that UN agencies have been blocked when trying to access areas of greatest need.13 The agency went on to say that humanitarian workers were routinely harassed and intimidated. Representatives from two local and international humanitarian agencies informed Human Rights Watch that the humanitarian ban was having a devastating impact on people in Zimbabwes rural areas.14 The representatives also told Human Rights Watch that it was very difficult to conduct a thorough assessment of the impact of the suspension on the population because a number of provinces remained inaccessible to outsiders and were under the control of ZANU-PF supporters, militia and war veterans. The collapse in Zimbabwes food production has caused a serious food deficit, affecting some five million people (more than one-third of the population).15 Hundreds of thousands of people in rural areas are entirely dependent on food assistance carried out by international agencies. The humanitarian situation has also been compounded by the deteriorating economic situation in the country with official inflation at around 2.2 million percent.16 According to the World Food Program, crop production in Zimbabwe decreased by 28 percent from last year.17 In addition, local humanitarian agencies informed Human Rights Watch that months of violence in the rural provinces had contributed to decreased crop production. Human Rights Watch reports in 2003 and 2005 documented how food assistance was used as a political weapon and denied to suspected supporters of Zimbabwe's main opposition party and to residents of former commercial farms resettled under the country's fast-track land reform program.18 Human Rights Watch believes that the governments suspension of humanitarian assistance by local and international humanitarian agencies is yet another attempt by the government to control food aid distribution around the country and deny assistance to those it perceives as supporting the MDC. Extrajudicial Killings Prior to the Presidential RunoffZANU- PF and its allies were implicated in the killing of at least 60 MDC activists in June 2008 alone. Thirty-two people were killed after June 27 and two more were killed after the signing of the Memorandum of Understanding on July 21.19 To the best of Human Rights Watchs knowledge at the time of writing, no arrests have been made nor have the authorities questioned any witnesses in any of the cases documented in this report. Archiford Chipiyo Son of MDC Councilor Philimon Chipiyo, Ward 19, Unit F, ChitungwizaPhilimon Chipiyos son and two friends were killed by a group of alleged ZANU-PF supporters who attacked his home on June 18. Chipiyo told Human Rights Watch:
The councilor provided Human Rights Watch with a post-mortem report that was conducted and written by a government doctor at the request of the police. The postmortem indicated the cause of death for all the victims as skull fractures and head injuries due to gunshot wounds. Gibbs Chironga MDC Councilor, ChiwesheGibbs Chironga was killed by a group of 150 armed ZANU-PF supporters, youth militia and war veterans on June 20. His brother Hilton Chironga, who witnessed the killing and was himself shot and subjected to vicious beatings by the ZANU-PF gang, told Human Rights Watch:
The group of ZANU-PF supporters and war veterans later took the five victims to a ZANU-PF rally and paraded them before the crowd. One of the ZANU-PF leaders allegedly asked for a volunteer in the crowd to get a gun and execute Gibbs Chironga as an example to all traitors of how MDC dogs were treated. Hilton Chironga told Human Rights Watch:
Hilton Chironga also witnessed the execution of two other MDC activists by ZANU-PF supporters at the same time as his brother. He identified one of the victims as Hama Madamombe, a well-known MDC activist in the area. Hilton Chirongas ordeal and that of his mother and sister did not end with the killing of his brother. He told Human Rights Watch:
Hilton Chironga and his mother were taken to Harare hospital and his sister was admitted at Mvurwi hospital. The police did not look for the assailants but arrested Hilton Chironga, his mother and sister on charges of public violence. His sister, upon being discharged from hospital, was immediately arrested and taken to Bindura police station. Hama Madamombes brother later died in the hospital, according to Chironga, as a result of the poison he was forced to drink. Nelia Chironga, the 70-year-old mother of Gibbs and Hilton, told Human Rights Watch:
Abigail Chiroto Wife of MDC Councilor Emmanuel Chiroto, HarareAbigail Chiroto, 27, and her four-year-old son were abducted from their home by a group of alleged ZANU- PF militia on June 16. The alleged kidnappers later abandoned Chirotos son at a nearby police station unharmed. Abigail Chirotos body was eventually found on a farm in Borrowdale, Harare. Emmanuel Chirotos nephew Jim Rudairo, who spoke to neighbors who witnessed the abduction of Chirotos son, spoke to Human Rights Watch about the abduction and killing:
Politically Motivated Arrests, Detentions and Police Harassment of MDC MPsBetween March 29 and June 27, 2008, the police brought criminal charges against up to 20 newly elected MDC MPs and senators. Some are in detention, some have been released with charges pending, and others are in hiding, wanted by the police. Human Rights Watch believes that many of the charges are politically motivated, and designed to instill fear in the minds of the MPs and prevent them from taking their seats in the House of Assembly and Senate.26 Ian Kay MDC MP for Marondera Central ConstituencyIan Kay spent two weeks in remand prison on charges of inciting political violence. Police first issued an arrest warrant against him on May 7 and arrived at his home on May 14 to carry out the search. The police informed Kay that they wanted to search his property because he was allegedly taking pictures of a political nature and sending them outside the country. When they did not find what they were looking for, the police told Kay to report to Marondera police station on May 20. Kay complied, went to the station and after several hours was told that he would be detained, even though police did not initially bring any charges against him. Eventually Kay was charged with inciting violence in rural Marondera. He was denied bail and remanded in custody for five days at St. Thomas prison in Marondera. Police later transferred him to Murehwa prison where he spent another week before being released on bail. A hearing for Kays case was scheduled for August 4, 2008. He told Human Rights Watch:
On August 4, Ian Kay appeared in court where his lawyers applied for the case to be dismissed. The ruling in the matter was reserved. Kays lawyers requested the court to relax Kays bail conditions and return his passport, but the court refused to do so in an August 6 ruling. Kay is due back in court on August 19. Eric Matinenga MDC MP for Buhera South ConstituencyWhen a regiment of the army unleashed violence in Buhera against MDC supporters, Eric Matinenga took the Zimbabwe National Army to court and secured a provisional high court order directing the army to cease all violence and confine their work to their constitutional mandate of protecting civilians.28 The police then arrested Matinenga on May 31, 2008 on charges of public violence. He was detained for 72 hours without being brought before a court of law, in violation of Zimbabwes laws, which require an accused to be brought before a court within 48 hours of arrest. Matinengas lawyers challenged his continued arrest as unlawful, contending that his arrest was politically motivated and a form of persecution and retribution because he had taken the army to court. On June 5, after Matinenga had spent four days in custody, the court ruled that there were no grounds for placing Matinenga on remand since facts presented before the court by the police failed to disclose any offense. He was released only to be re-arrested on June 7, but now on a charge of inciting public violence. On June 8 his lawyers made an urgent High Court application to have Matinenga released. The order was issued but the police defied the court order. Matinenga was only released on June 24 under stringent bail conditions requiring him to report daily to the Rhodesville police station in Harare. Matinenga is due back in court in on August 18, 2008. His lawyer, Trust Maanda of the Zimbabwe Lawyers for Human Rights, told Human Rights Watch:
Shepherd Mushonga MDC MP for Mazowe Central ConstituencyShepherd Mushonga won his seat in Mazowe Central constituency in Mashonaland Central, a predominantly ZANU-PF area. His constituency has seen some of the highest levels of government-perpetrated violence since March 29. At the time he spoke with Human Rights Watch, Mushonga was wanted by the police on charges of causing political violence and was in hiding. He told Human Rights Watch:
Pineal Denga MDC MP for Mbare Constituency, HararePineal Denga is wanted by the police on charges of political violence. At the time he talked with Human Rights Watch, he was in hiding. He spoke about the continued harassment that he and other MDC MPs have faced since March 29:
Attacks and BeatingsIn the days before the June 27 runoff, many MDC activists were abducted and brutally beaten and tortured by ZANU-PF supporters, youth militia and war veterans. Their families were also victimized and subjected to similar torture and beatings. Harrison Mudzuri MDC MP for Zaka Central ConstituencyOn June 24, a group of armed soldiers and ZANU-PF youths attacked the home of Harrison Mudzuri. Mudzuri told Human Rights Watch:
Ernest Jena Lawyer Representing the MDC, BinduraErnest Jena, a lawyer who had represented MDC activists in Bindura, Mashonaland Central province, was abducted on June 24 by ZANU-PF activists, and spent two days in their custody without food and water before they released him. Jena was subjected to numerous beatings and assault over the two days. On the morning of June 24, six unknown men wearing ZANU-PF t-shirts visited Jenas offices in Bindura and demanded to see him outside the offices. When Jena informed the men they would have to make an appointment, the men grabbed him and forced him into a green car which had several ZANU-PF stickers on its sides. The men drove about 10 kilometers outside of Bindura before they stopped in a secluded area and assaulted Jena. He told Human Rights Watch:
6 Human Rights Watch interview with Ian Kay and Pineal Denga, MDC Executives who interviewed and helped the police officer, Harare, July 28, 2008. 7 Human Rights Watch interview with Ian Kay and Pineal Denga, Harare, July 28, 2008. 8 Human Rights Watch telephone interview with local NGOs, Harare, July 29, 2008. 9 Human Rights Watch telephone interview with local NGOs, Harare, July 29, 2008. 10 Human Rights Watch telephone interview with local NGO, Chimanimani, July 29, 2008. 11 Zimbabwe: Reverse Ban on Food Aid to Rural Areas, Human Rights Watch news release, June 4, 2008, http://hrw.org/english/docs/2008/06/04/zimbab19022.htm. 12 See Human Rights Watch, Zimbabwe Bullets for Each of You: State-Sponsored Violence since the March 29 Elections, June 2008, http://hrw.org/reports/2008/zimbabwe0608. 13 USAID Calls on Zimbabwe to Allow Humanitarian Access to Needy People, USAID, press statement, July 31, 2008, http://www.usaid.gov/press/releases/2008/ps080731.html, (accessed July 31, 2008). 14 Human Rights Watch telephone interviews with representatives of two local humanitarian agencies, Harare, August 4, 2008. 15 World Food Program, Zimbabwe country page, http://www.wfp.org/country_brief/indexcountry.asp?country=716, (accessed August 11, 2008). 16 Official Zimbabwe Inflation at 2.2 million percent, Associated Press, July 17, 2008, http://ap.google.com/article/ALeqM5g2RPSaqbbqphRrvYYIaUsAV27LZwD91VM5O00, (accessed August 11, 2008). 17 World Food Program, Zimbabwe country page, http://www.wfp.org/country_brief/indexcountry.asp?country=716, (accessed August 11, 2008). 18Human Rights Watch, Not Eligible: The Politicization of Food in Zimbabwe, October 2003, http://www.hrw.org/reports/2003/Zimbabwe1003/; Human Rights Watch, Not a Level Playing Field: Zimbabwes Parliamentary Elections in 2005, March 2005, http://hrw.org/backgrounder/africa/zimbabwe0305.pdf. 19 Human Rights Watch Interview with local NGOs, Harare, July 29, 2008. 20 Human Rights Watch interview with Philimon Chipiyo, Chitungwiza, July 6, 2008. 21 Human Rights Watch interview with Hilton Chironga, Harare, June 30, 2008. 22 Ibid. 23 Ibid. 24 Human Rights Watch interview with Nelia Chironga, Harare, June 30, 2008. 25 Human Rights Watch interview with Jim Rudairo, Harare, June 28, 2008. 26 Constitution of Zimbabwe, 1979. Sections 41, 42 and 43 of the Constitution provide that a member forfeits his or her seat if absent from 21 consecutive sittings during any session without the leave of the Senate or the House of Assembly, and if the House concerned resolves, by the affirmative votes of more than one-half of its total membership, that seat shall become vacant. Section 42 provides that a member automatically loses his or her seat if convicted and sentenced to death or imprisonment for six months or more. Section 43 provides for expulsion of a convicted MP sentenced to a lesser sentence, if the House concerned decides by a vote of at least two-thirds of its total membership that the MP is unfit to continue in office. 27 Human Rights Watch interview with Ian Kay, Harare, July 10, 2008. 28 Case no: HC2624/08, May 19, 2008, on file with Human Rights Watch. 29 Human Rights Watch telephone interview with Trust Maanda, London, August 6, 2008. 30 Human Rights Watch interview with Shepherd Mushonga, Harare, July 1, 2008. 31 Human Rights Watch interview with Pineal Denga, Harare, July 10, 2008. 32 Human Rights Watch interview with Harrison Mudzuri, Harare, July 5, 2008. 33 Human Rights Watch interview with Ernest Jena, Harare, July 3, 2008. |