CL/175/11(a)-R.2- 27 -
Geneva, 1st October 2004
On reporting, Mimana said that he had been beaten up and later, after police and war veterans had taken him aside, claimed that he had been kidnapped. Mr. Madzore was arrested and later released on bail.
According to the police memorandum of 8 March 2004, Mr. Madzore had a misunderstanding with Justine Mimana and threatened him to shoot him. Mr. Madzore paid an admission of guilt fine of $ 200,000.- at Glen View police station the same day.
1.13.5.Attack on a relative
As regards an alleged attack on a relative of Mr. Madzore on 22 March 2003, the police, in its memorandum of April 2004, stated that there was no record of the matter at Marimba police station and that it was difficult to trace the case as the name of the relative was not given.
1.13.6.Arrest for “Undermining Police Authority”
In its memorandum of March 2004, the police state that on 12 January 2002, Mr. Madzore assaulted a member of neighbourhood watch committee who wanted to intervene in a fight between MDC and ZANU-PF supporters. He was arrested and fined $ 2,000.- or 20 days in prison with labour.
1.14.1.Various cases brought against Mr. Sikhala
Mr. Sikhala first provided comments on the different cases referred to as pending against him in the police memorandum of March 2004. The memorandum mentions a total of seven cases: in two prosecution was declined and in one he was acquitted, in two he was sentenced and two cases are still pending.
With regard to case 2 (assaulting ZANU-PF supporter Stephen Nyikadzino on 23 September 2001 and kicking him several times), Mr. Sikhala stated that this case did not exist and that Stephen Nyikadzino was an MDC member. As to case 4 (Job Sikhala went to St. Mary’s police station to rescue his brother who had been arrested. On arrival at the station, he assaulted the police officer and was arrested and charged for common assault), he said that an appeal was pending. A person had come to his house and fired at it. He had gone to the police station but they had refused to register his complaint. As to case 6 (publication, on 21 October 2002 of a false and malicious story entitled “Mugabe crimes against Zimbabweans”), Mr. Sikhala said that the story was about a mock trial against President Mugabe.
1.14.2.Arrest and detention of January 2003
As regards his detention from 14 to 16 January 2003 during which he was severely tortured, Mr. Sikhala provided press clippings. It transpires from them that he had gone into hiding after policemen in riot gear had raided his house and arrested four relatives. Shortly afterwards, on 14 January, he was arrested at a hotel in Zengeza together with four other MDC members, among them Harare lawyer Gabriel Shumba, under an accusation of allegedly torching a public bus. They were subsequently charged under section 5 of the POSA with attempting to subvert a constitutionally elected government. When they appeared in court on 16 January, Mr. Sikhala and Mr. Shumba said they had been tortured. Mr. Shumba told the court that he had been coerced into writing a letter which was to serve as prosecution evidence. They were released on bail of $ 30,000.- each and asked to report to the police once a week. On 5 February 2003, the court dismissed the charges. Mr. Sikhala and the others have sued the government and lodged a formal complaint as regards their torture.
In the discussion with him, the Police Commissioner stated that Mr. Sikhala had not been in a police station when he was tortured. In its memorandum of 20 April 2004, the police confirmed that Job Sikhala had made a report to the effect that he had been tortured while in detention and stated that “although there has been a lot of hype which has tended to impair investigations in connection with this case, progress has been made in the investigations”. It transpires from an article published on 26 January 2003 in the Sunday Mail entitled “Sikhala probe opens; Police team formed to investigate torture allegations” that the police is conducting the investigation alone.