CL/175/11(a)-R.2- 25 -
Geneva, 1st October 2004
Mr. Bhebhe told the delegation that three weeks previously, he had organised a party in his new homestead. Police arrived and told him that he had to notify police when he was organising a meeting.
Mr. Bhebhe said that he continued to face difficulties and intimidation in organising rallies in his constituency. Each time, he announces a rally, an ambush is organised. The ZANU-PF threatens that they will prevent him from returning. Moreover, police follow him regularly when he goes to his constituency which, according to him, is never the case for ZANU-PF members. The delegation understood that in January 2004, MDC councillors were arrested shortly before they were supposed to have a meeting with him.
Mr. Bhebhe also referred to the difficulties MDC members face if they want to sue the State for wrongful action: this takes time and is expensive.
1.10.1.First arrest and stoning of his house
Mr. Munyanyi was first arrested in July 2000 on a false accusation of having beaten up a ZANU-PF supporter. He was detained for four days and the case was dropped for lack of evidence. The delegation understood that later that year, his house was stoned by about 250 ZANU-PF youths who arrived there after midnight. Although he made a complaint, the police took no action. However, according to the police memorandum of 20 April 2004, there is no record of the stoning of his house.
In September (or early October) 2002, Mr Munyanyi was arrested in Glenfield and accused of having masterminded the murder of Ali Khan Manjegwa, a former provincial committee member of ZANU-PF who had been shot on 22 August 2002. Mr. Munyanyi said that he was given no food and was only allowed to phone his brother. The delegation understood that he saw his lawyer only after two days in detention, after the interrogations by police and CIO officers had started. Mr. Munyanyi said that, in one instance, he was taken blindfolded to a room where he was beaten on the soles of his feet. He remembered one person saying that he should not be beaten because he was innocent. The delegation was provided with a medical report attesting to the injuries sustained. Mr. Munyanyi reported that he was taken to court by 6 heavily armed police officers and remanded to Harare prison where he was held in an over-crowded cell. He was granted bail in October 2002 and in December 2003, the case was dropped before plea. However, according to the police memorandum of 8 March 2004, the file was at the Attorney General’s office.
1.10.3Arrest under the POSA
Mr. Munyanyi said that he was arrested again on 2 June 2003 on charges of organising an unlawful meeting. He was taken to Harare police station, made to lie on the ground and beaten. He was released on bail of $ 50,000.- and required to report to the police. The case is still pending and was scheduled for hearing on 22 April 2004.
1.10.4.Stoning of car
Mr. Munyanyi reported that in January 2002 on his way to his constituency, his car had been stoned, a matter which he reported to the police. According to the police memorandum of April 2004, investigations were instituted but no one was arrested and the file was closed “undetected” and filed incomplete.
After being elected in June 2000, Mr. Mushoriwa celebrated his victory at a rally in his constituency. While addressing his constituents, about 20 armed soldiers emerged from three presidential guard army vehicles and interrupted his speech. Some of them proceeded to beat him with the butt-ends of their rifles and others destroyed all the windows and panelling of his car. Police who were present at the meeting eventually intervened and took Mr. Mushoriwa to hospital. No action was taken, despite an official complaint lodged by Mr. Mushoriwa.