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

Geneva, 1st October 2004

Mr. Mushoriwa was arrested in October 2001, allegedly for causing public violence after ZANU-PF had stormed a hall before a MDC meeting.  He was released without charge.  He was again arrested on 11 March 2002, allegedly for campaigning within the 100 meter radius of the polling booths.  He said that he was put in a cell designed for seven people along with 40 others.  Prosecution was declined for want of evidence on 18 November 2002.  

Mr. Mushoriwa also stated that on 1 June 2003, he escaped an assassination attempt when he was shot at while driving in his vehicle.  Three days later, the presidential guard shot at his car when he was driving to his constituency.  He was also beaten up by 15 CIO agents, which he reported to police.  The Avenue Clinic attested the injuries he sustained from the beating.  

1.12.Mr. Milton Gwetu, MP for Mpopoma

Mr. Gwetu said that his house was attacked and set on fire by ZANU-PF youth on the eve of the June 2000 parliamentary elections.  It had been stoned throughout the election campaign.  Moreover, a ZANU-PF supporter had hit him with a stone when he was leaving a grocery store, injuring him.  

On 2 June 2003, he was arrested, according to the police, for leading a group of MDC supporters who were organising mass stay-aways and marches to State House to unconstitutionally remove President Mugabe.  Mr. Gwetu says that, contrary to the police memorandum of 8 March 2004, he was not arrested near the MDC office in Bulawayo, but 6 km away.  He said, moreover, that the meeting referred to was a regular meeting which he had to attend as the MDC Vice-Chair of Bulawayo in charge of running daily MDC business.  He was released on bail and the charges were dropped, the prosecution having been unable to prove that he wanted to unseat the government.  However, according to the police memorandum, the case is still pending, as a trial date has yet to be set.  

1.13.Mr. Paul Madzore, MP for Glen View, Harare

1.13.1.Arrest in connection with a rally in February 2003

Mr. Madzore reported that the police deliberately refused to confirm whether the meeting planned to be held in Mabvuku could take place.  In any event, it had not been cancelled.  In Mabvuku, he learned from the district leadership that the meeting had not been authorised.  About 10 to 15 minutes later armed police arrived in three or four vehicles as they were driving away, followed them, blocked the road and ordered them at gunpoint to get out the car.  He was slapped on the face, ordered to sit down in a field, then ordered back into the car, taken back to the local police station and then to Harare police station.  Mr. Madzore and Mr. Biti (see above 1.2) were taken to another police station where they spent the night.  The police refused to inform his family about his arrest.  At lunch time the next day, they were given food and taken to court.  The matter ended without any charges being brought.  

1.13.2.Arrest in connection  with the arrest of the Mayor of Harare (January 2003)

On 11 January 2003, the Mayor of Harare, Elias Mudzuri, was arrested for holding a (report back)

1.13.3.Arrest in connection with the presidential election (March 2002)

In the context of the presidential election campaign, Mr. Madzore was leading a convoy of 17 vehicles in his constituency.  At around 11 a.m., William Tsakatsa, one of the youths who had camped on the community hall ground,  stoned his vehicle and the MDC gave chase to him but failed to apprehend him.  He, however, went to the police and told them that he had been beaten up.  Mr. Madzore was arrested and later acquitted in court.  

The police memorandum of 8 March 2004 gives another version of the event or refers to a different event altogether:  according to the memorandum, on 14 April 2002, Mr. Madzore met William Tsakatsa:  He accused him of supporting ZANU-PF and started to assault him and stabbed him on the hand with a sharp object.  Mr. Madzore was acquitted in court on 11 May 2003.  

1.13.4.Case involving Justine Mimana (September 2002)

Mr. Madzore reported that he had gone to a funeral.  While he was there, Justine Mimana opened his car and took his cell phone.  An MDC youth observed this, apprehended him and took him to police.  

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