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

Geneva, 1st October 2004

-Mr. Innocent Gonese, Opposition Chief Whip

-Ms. Th. Khupe, Deputy Chief Whip, Opposition

(b)Governmental authorities

-Dr. S. Mudenge, Minister of Foreign Affairs

-Mr. P. Chinamasa, Minister of Justice, Legal and Parliamentary Affairs

(c)Judicial authorities

-Mr. Godfrey Chidyausiku, Chief Justice

-Mr. B. Patel, Acting Attorney General

(d)Administrative authorities

-Mr. A. Chihuri, Commissioner of Police

-Ret. Major General Zimondi, Commissioner of Prisons

(e)MPs concerned

-The delegation met with all the MPs concerned, with the exception of Mr. Justin Mutendadzamera. Mr. Peter Nyoni, Mr. David Coltart and Mr. G. Mutimutema Shoko.  In addition, it met with Mr. Paul Themba Nyathi, Mr. Renson Gansela, Mr. Blessing Chibundo and Mr. Edward Mkhosi.

(f)Non-governmental human rights organisations

-Representatives of the Zimbabwe NGO Human Rights Forum

The delegation wishes to thank all persons concerned for the time they took to meet with it, to respond to its queries and to exchange views with it.  It is grateful for the information and clarifications provided in writing after its return by the police authorities and certain MPs concerned.  The delegation wishes in particular to thank the Parliament and the Speaker for having arranged the visit and for the warm hospitality that it received.  The delegation appreciated the opportunity it had to attend part of a parliamentary sitting and thus see the Parliament of Zimbabwe at work.  The delegation also wishes to point out that the meetings with the MPs concerned all took place in Parliament, as arranged by the opposition.

The delegation regrets that, although foreseen in the official programme of the visit as prepared by the Parliament, the Minister of Home Affairs, Mr. K. Mohadi whom it was supposed to meet together with the Commissioner of Police, did not attend the meeting for reasons which the delegation was not informed about.   

B.CONCERNS OF THE COMMITTEE AND THE COUNCIL PRIOR TO THE MISSION

The Committee and the Council’s concerns related primarily to the following allegations:

attacks on MPs, their families and/or their property by non-State agents, with the authorities reportedly taking no action to identify and bring to justice the perpetrators (David Mpala, Abednico Bhebhe, Peter Nyoni, Jelous Sansole, Roy Bennett, Paul Madzore, Milton Gwetu, Fidelis Mhashu, Gabriel Chaibva)

torture and ill-treatment in detention; ill-treatment (beatings) inflicted on the MPs concerned by State agents, primarily the police  (Justin Mutendadzamera, Job Sikhala, Tichaona Munyanyi, Moses Mzila Ndlovu, Abednico Bhebhe, Peter Nyoni, Roy Bennett, Paul Madzore, Austin Mpandawana, , Edwin Mushoriwa, Gilbert Shoko)

arbitrary arrest and detention; bringing fabricated charges (all MPs concerned)

arbitrary interference with freedom of expression and assembly (all MPs)

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