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

Geneva, 1st October 2004

On 7 March 2002 and at about 17:30 hours, Gabriel Chaibva received a telephone call from his security guard to the effect that a group of people who were chanting ZANU-PF slogans and were stoning his house at number 16374 - 1st Close, Sunningdale 2.  When complainant arrived at the scene, the suspects had already left.  Doors, windows and other artefacts valued to the tune of $ 371,200 had been destroyed.

Investigations are still being carried out but so far no suspects have been arrested.  Braeside CR 103/03/02 and C.l.D Law and Order DR 73/03/02 refer.

1.4.3.Attack on Mr. Chaibva’s father

Mr. Chaibva reported that on 20 June 2002, two days after he had visited him, his father, aged 75, was attacked by police.  Two truckloads of police arrived at 7.30 p.m. when his father had retired to bed.  When he refused to open the door without the persons identifying themselves, police broke a window and threw teargas into the room, forcing him to open the door.  They then beat him up and severely injured him.  The only reason the police provided was that they were looking for Mr. Chaibva, the MP.  They then moved on, attacking a MDC Ward chairman, telling him that they wanted to kill Mr. Chaibva.  On 22 July, Mr. Chaibva had a meeting with the local police authorities who stated they were unaware of the attack.  On 27 July 2002, 15 police returned to his father’s home who was away, attending a funeral.  They broke the door to the storeroom and reportedly threatened once again to kill the MP.  Mr. Chaibva lodged an official complaint on 30 July 2002, receipt of which was acknowledged by the Z.R.P, Rusape District on 2 August 2002, advising Mr. Chaibva that investigations would be carried out and communicated to him in due course.  On 14 August, he received a letter from the Z.R.P. General Headquarters, Harare that his father and others should lay a formal complaint otherwise there is no way we can substantiate the authenticity of your report”.  On 29 August 2002, he received another letter from the Internal Investigations Department, suggesting that an investigation was under way.  However, since then nothing else has happened.  Mr. Chaibva fears that, next time he goes home to see his father police may again beat him up.  

It is worth noting that in the complaint he lodged with the District Officer Commanding, Mr. Chaibva mentioned that the last time the police had been to his father’s home was in March 1977.  “These were colonial Rhodesian Police who ironically were looking for Me, on allegations that I was a very active intelligence agent of the ZANLA16 guerrillas, in fact they alleged that I was a guerrilla during the struggle.  …  They had been very friendly in their inquiries of my whereabouts and had told my mother that I risked being killed by security forces and pleaded with my mother to dissuade me from participating in terrorist activity …”.

1.5.Mr. Fidelis Mhashu, MP for Chitungwiza

Mr. Mhashu informed the delegation of several incidents that had taken place prior to the June 2000 elections, including an attempt on his life perpetrated allegedly by CIO agents on 2 May 1999.  After the elections, the following incidents occurred:

-On 25 November 2001, a group of about 60 war veterans attacked him during the by-election in Marundara West.

-On 5 January 2002, 300 ZANU-PF militia who, the delegation understood, were led by a certain Mr. Ziva, stoned his house.  In the attack, one of his colleagues who was in the house was injured.  A few days later, on 19 January, his house was raided at 12.30 a.m. and all his MDC documents were taken away.  As a result of these attacks, Mr. Mhashu had to relocate his family until after the presidential elections.  

-In April 2003, while he was out of the country, his home was ransacked by about 15 armed men, most of them in uniform who arrived at night in an army truck.  The soldiers assaulted his three male relatives who were there and his wife.  They took away money, food, a revolver, a mobile phone, clothes and documents.  

-On 3 October 2003, Mr. Mhashu’s constituency office was raided and the police took a computer which they reportedly still have in the police station.  

-Mr. Mhashu referred also to the Zengeza by-election (see D.I.4.4.) during which, on 27 March 2004, an MDC convoy was attacked and stones were thrown.  Moreover, on 29 March when leaving the community hall, he saw youths arriving in seven lorries.  They were dropped at the entrance and started shouting “today you will not leave this place alive”.  

-He said that he had reported all this to the police.

16 Zanla was the armed wing of ZANU.

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