Geneva, 1st October 2004
allowed to receive food brought to him daily by his wife. As regards the question of solitary confinement, the Commissioner of Prisons stated that there might have been some confusion, because Mr. Fletcher Dulini-Ncube was held alone in a cell which was not large enough to hold another person. (Mr. Fletcher was reportedly held in a cell measuring 1 x 1.5 meters).
As regards the prison uniform, the prison authorities stated that, during the second period of his detention in Mater Dei Hospital, he was indeed given a prison uniform for a brief period, this measure having been found subsequently to be unnecessary.
The Prisons Service can best comment on the above allegations.
1.8.Ms. Evelyn Masaiti, MP for Mutasa (see also section E.1.)
1.8.1.Petrol bombing of her home and homes of her relatives
Ms. Masaiti referred to several incidents which occurred before the June 2000 elections, in particular her arrest and two days’ detention in May 2000 on false charges of kidnapping war veterans, which were dropped due to a general amnesty, and to the petrol bombing of her house on 27 May 2000. The bomb did not explode, but she was severely injured. A complaint to police has remained unavailing. A few days after this incident, about 70 war veterans and ZANU-PF supporters came to her house. When she saw them coming, she ran into the bush and spent the night in the mountain. They burnt her car and house and destroyed everything. A few days later they knocked down the remaining walls. They also burnt to the ground the houses of her family members and relatives, leaving 89 people homeless. She said that these persons still have no proper homes. She told the delegation that, at the time, the police had not allowed them to pitch tents (because this could have been seen as a refugee camp) and finally allowed them to pitch one tent only. As a result of these attacks, Ms. Masaiti had to relocate to Harare.
According to the police memorandum of 8 April, 2004, 15 persons were arrested but prosecution was declined in line with the Presidential Clemency Order N° 1/2000. The file was closed.
Police do not have records for the arrest for kidnapping and the bombing of her house. However, circumstances of the burning of her relatives' houses and the damage on her house are as detailed out below:
(i)On 29 May 2000 at about 23:00 hours, a group of youth proceeded to Kwesha Village, Headman Samanga, Chief Mutasa where they assaulted Aaron Mubaiwa Masaiti and Getrude Masaiti before setting their huts on fire. The group then proceeded to Evelyn Masaiti's homestead where they destroyed asbestos sheets on her house.
The group also went to Stephen Kawururu's homestead where they broke into his house and stole some property. As a result of the action of the accused, they destroyed various property ranging from clothing, electric gadgets, utensils and grain. Total value destroyed is $1,363,843.00 of which nothing was recovered. As a result of investigations, the following were arrested: Raphael Mareya, Banarbaus Matidza, Patrick Mandigora Ndaba Mumbiro, David Matitsa, Timoti Chigwa, Chakabaya Pfumayi, Mutise Mutise, Vincent Nyakurigwa, Ever Matitsa, Chengetai Nyaumwe. Emmanuel Zindimu, Jeffrey Pfumai, Zondai Rori and Aaron Mwoyoweshumba
Prosecution was however declined in line with the Presidential Clemency Order number 1/2000. Ruda CR's 93-98/05/2000 refer. Docket was closed Complete 468/02.
Ms. Masaiti was acting as an MDC election agent for Mutasa constituency during the March 2002 presidential election. She reported that she and her colleagues had applied for permission to hold five rallies, but authorisation was given for only one which, moreover, was not given for the place they had requested (Hauna Stadium) so that they were obliged to hold the rally on an open ground. Shortly before the election, they had applied for permission to hold a meeting on 8 March 2002 at the home of Mr. Kavhura, the MDC constituency