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- 22-CL/175/11(a)-R.2

Geneva, 1st October 2004

1.6.2.Arrest of January 2003

Ms. Mpariwa was arrested at her home on 20 January 2003 (19 January according to police) on the accusation of involvement in plans to organise a mass stay-away.  She was held for two days.  According to the police memorandum, she was arrested on account of addressing a gathering of 11 people without due notification under the POSA.  The delegation understood from what she said that no charge has been brought against her and that the file regarding her never appeared.  However, the police reports that the file is at Harare Magistrate’s Court and a trial date has not yet been set.  

1.7.Mr. Fletcher Dulini-Ncube, MP for Lobengula-Magwegwe

1.7.1.Judicial proceedings

Mr. Dulini-Ncube stated that he had first been accused of masterminding the kidnapping and murder of Limukani Luphala, and subsequently of war veteran Cain Nkala.  The delegation understood that when it transpired that he had an alibi and could not be involved in Limukani Luphala’s abduction and murder, this charge was dropped so that he remained accused only of masterminding the murder of Cain Nkala.  He was detained first from 17 November to 18 December 2001.  He was arrested again in August 2002 (the date varies:  3 August according to the police memorandum of March 2004 and 7 August according to the information provided by the Commissioner of Prisons) and released on bail on 17 August 2002 (here again the dates vary).  According to the authorities, he was arrested again because his lawyers had failed to bring him to court when directed to do so.  Mr. Dulini-Ncube stated that this was untrue; in fact, at the time, he was in Mater Dei Hospital where he had been admitted to have an eye removed.   

It should be recalled that the accusation against him is based essentially on statements by his co-accused.  They, however, testified in court that their statements had been obtained by use of force and under duress.  As a result, a trial within a trial was conducted to determine the admissibility of this evidence.  The delegation was provided with a copy of the judgment in this matter given on 2 March 2004.  The Judge ruled that the evidence produced by the prosecution against the accused had to be set aside, having found that “the evidence of the State witnesses who are police officers is fraught with conflict and inconsistencies.  The witnesses conducted themselves in a shameless fashion and displayed utter contempt for the due administration of justice to the extent that they were prepared to indulge in what can only be described as works of fiction … ”.  

The delegation understood that Mr. Dulini-Ncube still cannot travel as his passport has not been given back to him and that he remains under the obligation to report to police every Friday.

1.7.2.Medical condition

Mr. Dulini-Ncube was detained in Khami prison from 19 November to 18 December 2001, when he was released on bail.  He was taken into custody again in early August 2002 when he was arrested in hospital and despite his condition (he had been undergoing an operation) detained for a few hours before being taken again to Mater Dei Hospital.

As regards his conditions of detention in Khami prison where he was held from 19 November to 18 December 2001, Mr. Dulini-Ncube confirmed earlier information and specified the following:  when entering the prison, his medical doctor, Dr. Onyanga Omara, provided the prison authorities with a report on his medical condition and the treatment and medicines he required as a person suffering from hypertension and diabetes.  Mr. Dulini-Ncube was supposed to take medicine several times a day.  As he had not taken enough medicines with him, he ran out of the eye drops he needed (Timotil Eye Ointment).  Although the prison medical officer Dr. A.M. Dube promised to supply him with the ointment, he finally prescribed Neodedson which was contra- indicated for his condition.  Moreover, Mr. Dulini-Ncube stated that he saw Dr. Dube only twice, the first time following an emergency call four days after his incarceration in Khami prison.  Dr. Dube never physically examined him but adjusted the dosages over the telephone.  His instructions were never followed up.  Only once, on 10 December 2001 a few days before his release, medical assistants responded to his complaints and took a blood sample, but he never heard the results of the test.  Finally, Dr. Dube did not prescribe any special diet before the first High Court hearing.  By the time, he was released from Khami prison, his blood sugar had risen to 23mmol/l and he had to be hospitalised in Mater Dei Hospital for 3 days in order to stabilize his condition.  As a result of the lack of the necessary medical care, Mr. Dulini-Ncube lost his sight in one eye.  He lodged a complaint with the

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