CL/175/11(a)-R.2- 23 -
Geneva, 1st October 2004
Health & Dental Practitioners Council of Zimbabwe against the conduct of Dr. Dube.
Mr. Dulini-Ncube confirmed that his family was not allowed to bring him food and that he spent 33 days in solitary confinement in a small cell, with 10 minutes per day to go out to eat (milk and brown bread following the first High Court hearing). He was not allowed to mix with other prisoners.
The authorities restated the information provided earlier by them as regards his medical condition, namely that during his stay, Khami prison staff allowed Mr. Fletcher Dulini-Ncube to continue receiving medication from qualified medical personnel. In line with Section 78 of the Prisons Act (Chapter 7:11) he was allowed to receive food brought to him daily by his wife. As regards the question of solitary confinement, the Commissioner of Prisons stated that there might have been some confusion, because Mr. Fletcher Dulini-Ncube was held alone in a cell which was not large enough to hold another person. (Mr. Fletcher was reportedly held in a cell measuring 1 x 1.5 metres).
As regards the prison uniform, the prison authorities stated that, during the second period of his detention in Mater Dei Hospital, he was indeed given a prison uniform for a brief period, this measure having been found subsequently to be unnecessary.
1.8. (see also section E.1.)
1.8.1.Petrol bombing of her home and homes of her relatives
Ms. Masaiti referred to several incidents which occurred before the June 2000 elections, in particular her arrest and two days’ detention in May 2000 on false charges of kidnapping war veterans, which were dropped due to a general amnesty, and to the petrol bombing of her house on 27 May 2000. The bomb did not explode, but she was severely injured. A complaint to police has remained unavailing. A few days after this incident, about 70 war veterans and ZANU-PF supporters came to her house. When she saw them coming, she ran into the bush and spent the night in the mountain. They burnt her car and house and destroyed everything. A few days later they knocked down the remaining walls. They also burnt to the ground the houses of her family members and relatives, leaving 89 people homeless. She said that these persons still have no proper homes. She told the delegation that, at the time, the police had not allowed them to pitch tents (because this could have been seen as a refugee camp) and finally allowed them to pitch one tent only. As a result of these attacks, Ms. Masaiti had to relocate to Harare.
According to the police memorandum of 8 April, 2004, 15 persons were arrested but prosecution was declined in line with the Presidential Clemency Order N° 1/2000. The file was closed.
Ms. Masaiti was acting as an MDC election agent for Mutasa constituency during the March 2002 presidential election. She reported that she and her colleagues had applied for permission to hold five rallies, but authorisation was given for only one which, moreover, was not given for the place they had requested (Hauna Stadium) so that they were obliged to hold the rally on an open ground. Shortly before the election, they had applied for permission to hold a meeting on 8 March 2002 at the home of Mr. Kavhura, the MDC constituency command post, to organise the deployment of the MDC polling agents. Permission was given by the officer commanding Manicaland Province and the local police station was informed accordingly. When Ms. Masaiti arrived at the command post for the meeting, she was confronted by soldiers who arrested her driver and told her that the meeting was illegal. She realised that the meeting had already been broken up and was informed that a group of soldiers in the company of war veteran George Mashya and a police officer had arrived earlier and taken the 137 polling agents to Ruda police station. She asked to be taken to the station as well where she found that it was manned by soldiers and that all polling agents had been arrested. She was pushed into the charge office and three soldiers punched and kicked her and beat her with rifle butts. Her attackers accused her of educating people on their political rights and advising the Mutasa people to vote for the MDC. She was released after Mr. Kavhura had told the soldiers that she had not been at the command post when the polling agents met. As to the polling agents, some of them were released after the election only and others late in the evening the same day, which made their deployment very difficult. As a result, a large number of polling stations were unmanned by MDC polling agents. Ms. Masaiti went around various polling stations on Saturday, but was in pain and had to be hospitalised. The delegation was provided with copies of two medical reports attesting the injuries she sustained. Ms. Masaiti lodged a complaint with Mutare police station, but no action has been taken to date.