Summary and Conclusions
The overriding conclusion of Physicians for Human
Rights, Denmark (PHR-DK), based on our most recent findings, is
that the political abuse of food is the most serious and widespread
human rights violation in Zimbabwe at this time.
Conclusions of previous reports
This report is the third report in 2002 on torture
in Zimbabwe written by Physicians for Human Rights, Denmark (PHR-DK).
In January and May 2002, earlier reports concluded that mutilating
torture was being practised by government supporters against the
political opposition, and that perpetrators operated on the assumption
of total impunity.
Our May report further documented a phenomenon last
seen in Zimbabwe in1984 - the political manipulation of hunger in
some areas, to exclude from all routes of gaining staple food those
labelled as opposition supporters.
The January and May reports both reflected concern
at the clamp down on the Zimbabwean judiciary, media and civil society
and its impact on the flow of information on human rights abuses
to the international community. In May we warned that in the Zimbabwean
context, fewer formal reports about abuses did not indicate that
fewer abuses were taking place. Rather it indicated that repressive
legislation and a growing government campaign against independent
voices had succeeded in decreasing the information flow.
Conclusions of current report
We document in this report that in the second half
of 2002, torture and ill treatment beyond any doubt is still being
practised by government supporters against their political opponents,
in Zimbabwe. The fact that perpetrators continue not to care whether
they torture people who can identify them, or whether their acts
of torture or ill treatment leave marks that can easily be recognised
as caused by torture, underlines a clear assumption on their part,
of impunity.
This assumption appears well founded: no prosecutions against perpetrators
have been made in any of our documented cases of torture and ill
treatment. This includes to date, no prosecution linked to any case
from the January or May reports.
Our current findings further reinforce our previous
conclusion that there is a deliberate policy of torture and impunity
by the authorities.
The current report documents that attacks on independent
voices in the media, the judiciary and civil society have indeed
continued, and are predicted to escalate yet further in the next
few months, in the form of further repressive legislation, as well
as attacks on individuals. Government officials, in the last few
months, have ignored court rulings and condoned attacks on court
officials who made rulings unfavourable to government. The appointment
of a new Minister of Home Affairs appears to have coincided with
an escalation of reported torture perpetrated by the police.
The most significant findings in this report relate
to political abuse of food.
We conclude that in the last four months, manipulation of food was
directly related to elections. The threat of being deliberately
starved by the Government if the opposition won votes, was used
to profoundly influence vulnerable rural voters in recent elections
in Zimbabwe.
Abuse of government controlled "food for work"
programmes and of sales from the government controlled Grain Marketing
Board, were reported to us from 18 different districts and centres.
This is indicative of a wide spread and deliberate strategy, in
which opposition supporters are being denied the right to maize.
In all cases of problematic food distribution, those
implicated in politically manipulating access to food, are Zanu-PF
officials or supporters.
Zanu-PF appears to be maintaining a situation where
there is too little food in the country, by controlling all sales
and imports. Too little food is serving a dual purpose: it allows
political control through controlling who accesses food; it facilitates
the creation of a Zanu-PF dominated black market, thus enriching
the Zanu-PF hierarchy.
Strategies need to be found to dramatically increase
the flow of food into the country, and to free it from government
control, which is equivalent to partisan Zanu-PF control.
If it is not possible to increase non-partisan food
supplies into the country, it is our opinion that starvation and
eventually death, will occur along party political lines in Zimbabwe.
JOHANNESBURG, 20 November 2002
1. Introduction
The intention of this report, as with the two previous
PHR-DK reports this year, is to focus on patterns of human rights
abuses in Zimbabwe, as observed by the authors, or as reported to
them by victims and key informants. A task force from Denmark visited
Zimbabwe and their findings are summarised here. This report covers
the time period August to October 2002.
It is apparent that torture of opposition supporters
and the political manipulation of food increased significantly in
the weeks before and immediately after the Rural District Council
elections of 28th and 29th September. Abuse included destruction
of houses and property both before and after the elections, as well
as physical torture of individuals. Similar patterns of abuse were
noted in relation to the Insiza parliamentary by-election of 26th
and 27th October. This is in accordance with previous findings by
ourselves and other commentators that political abuses are directly
linked to elections, and that persons who are perceived to be supporters
of the opposition Movement for Democratic Change (MDC) are the most
likely victims of such abuses. Supporters of the ruling Zimbabwe
African National Union - Patriotic Front (Zanu-PF) continue to be
the most common perpetrators of political human rights abuses.
Abuse of food has become an entrenched means of intimidating
populations perceived as hostile to Zanu-PF. This is now more widely
acknowledged than it was a few months ago, including within diplomatic
and international circles. The Zimbabwean government at times admits,
and at other times denies, that this is an official or condoned
policy. This report documents incidents that point towards systematic
control of who has the right to purchase food from the government
controlled Grain Marketing Board (GMB). It further documents exclusion
of perceived MDC supporters from the right to participate in government
"money/food for work" schemes.
As in the May report, this report once more documents
political abuse of donor food. While it must be clearly stated that
by no means all, or even most, donor feeding schemes are being subjected
to political manipulation, attempts by the Zimbabwean government
to use donor food as a weapon to punish those supporting the opposition
have become more blatant and widespread in the last two months,
at the very same time that hunger has become more widespread.
This has resulted in a US Government official stating
on 4th November 2002 that they would consider "very intrusive
and interventionist measures to ensure food is delivered to all
Zimbabweans who need it, regardless of political affiliation".
2. Structure
of the report and approach towards compiling material
Comprehensive information on the causes of the current
famine and its status are well covered in other available reports
. Furthermore, there have been several statements and extensive
reports released nationally and internationally, evaluating political
and economic events in Zimbabwe. The current report does not seek
to duplicate this information available elsewhere.
We comment on the continued erosion of democracy
and the rule of law, based on information available from media and
other reports, including key informant interviews by the authors.
We provide an overview of some aspects of
the Rural District Council elections and the Insiza parliamentary
by-election, highlighting generally available information on the
destruction of property, political manipulation of food, and use
of violence, in the context of these elections.
We conducted in-depth interviews with a range
of people claiming political abuses, including denial of access
to food, property loss and torture.
We conducted field trips to observe for ourselves,
claims regarding burning of properties and manipulation of food.
We conducted clinical examinations of persons claiming torture.
We conclude that our findings in the field,
and our medical findings, are in keeping with general claims of
a systematic policy of (a) the abuse of food, (b) the destruction
of property and (c) physical torture, as integrated parts of the
Zimbabwe government's approach to opposition supporters, and to
rural election campaigns August to October 2002.
3. Erosion of democracy
3.1 Historical
background: key events August to October 2002
The last two years in Zimbabwe have seen a rapid decline in the
rule of law and the functioning of democratic institutions. The
May PHR-DK report predicted that this trend would continue. Furthermore
it predicted that as repressive legislation against the media took
effect, the government would turn more attention on trying to silence
independent voices in civil society.
The following is a brief summary of some of the key
events that illustrate that the undermining of all democratic freedoms
and voices has indeed continued.
Undermining of the courts and the judiciary
The physical assault of a magistrate in Chipinge
and the destruction of property belonging to an attorney in Chipinge
on 16th August 2002. The attack on Mr. Walter Chikwanha was carried
out by war veterans in retaliation for the fulfilment of his duties
as a magistrate. Mr. Langton Mhungu, a local lawyer, was then pursued
by the same group, who vandalized his car in apparent retaliation
for his representation of clients belonging to the opposition Movement
for Democratic Change (MDC).
The physical assault on magistrate Godfrey Gwaka in Zaka,
Masvingo Province, on 26th August. He was dragged from his courtroom
and stabbed by suspected war veterans after a ruling which released
MDC supporters without charge.
Defiance of a high court ruling made on 17th July 2002 against
cabinet minister Patrick Chinamasa. He was sentenced to three months
in jail for contempt of court. The Supreme Court subsequently overturned
this ruling.
Detention at midnight of the by-then retired high court judge
responsible for the initial ruling against Chinamasa. This three-day
detention of Justice Blackie was widely condemned as an act of vendetta
by government. The UN rapporteur on the independence of judges and
lawyers commented that, "When judges can be arrested, detained
and charged on trumped up facts for exercising their judicial functions,
then there is no hope for the rule of law in such countries."
The government defied a Supreme Court order to hand over
a complete version of the voters' roll as used in the 2002 presidential
election, which the MDC had requested as part of their appeal against
the election outcome. To date, 8 months after the election, the
MDC still does not have a copy of the voters' roll.
The International Commission of Jurists (ICJ) in late September
criticised the government for refusing to allow them to send a fact
finding delegation into Zimbabwe to investigate threats against
the judiciary and lawyers.
Undermining of Parliament
Parliament once again in September had its Standing
Orders and Rules suspended in order to allow the government to fast
track further amendments to the Land Acquisition Bill. This was
after several commercial farmers had successfully challenged their
evictions in the high court.
"De facto" impunity for perpetrators of
politically motivated violence
The previous trend of failure of police to
arrest and prosecute perpetrators of "political" crimes
continues: human rights groups report that it is not possible for
victims to open cases or bring their persecutors to justice; this
is in accordance with information given by victims in this report
(see all cases in this report and the two previous reports by PHR-DK
in 2002).
Evidence that those who committed "political" human
rights violations before the general election in 2000, have continued
to do so without police restraint, until the present.
Impunity has been consolidated for the State by obscuring
its hand in politically motivated violence: the war veterans and
now the "youth militia" are increasingly the agents enforcing
the violent policies of ZANU-PF.
Undermining of freedom of the press and of expression
On 29th August, one of two independent radio
stations in Zimbabwe, "Voice of the People", was destroyed
in a midnight bomb explosion.
A total of 18 journalists have been arrested and charged
since July this year under the Access to Information and Protection
of Privacy Act (AIPPA). Geoffrey Nyarota, who is editor of the only
independent daily paper, the Daily News, currently faces 6 charges
under the act.
Further repressive amendments to the AIPPA are in the process
of being forced through parliament and will further undermine the
rights of journalists.
In terms of the AIPPA, all media houses have been forced
to apply for registration at the discretion of a government appointed
board.
Zanu-PF supporters including militia and war veterans continue
to attack vendors selling copies of the Daily News in small rural
business centres in many districts in Mashonaland and Manicaland.
The International Federation of Journalists stated in late
September that Zimbabwe was among the most dangerous countries in
the world for journalists.
Undermining of non governmental organisations
(NGOs)
On 29 August, Dr Frances Lovemore of Amani
Trust was arrested and detained overnight on charges of publishing
falsehoods. Amani Trust works with victims of torture and Dr. Lovemore
was accused of falsely saying that youth militia raped MDC supporters
in their camps.
Amani Trust and the Zimbabwe Human Rights Non Governmental
Organisations Forum (ZHRNGO forum) were accused of "creating
cases of political violence" that had not occurred, and were
threatened by the Minister of Home Affairs with unspecified action.
The Amani Trust was also accused of being "British sponsored"
and MDC aligned, in multiple media releases in government papers
and on radio and state television.
On 13 September the government published a notice advising
NGOs to register in terms of section 6 of the PVO Act or stop operating.
Concern was expressed in NGO circles and by Amnesty International
that this is an ominous move aimed at greater legal control of NGO
activities.
On 22 September, 10 priests arrested in February 2002 for
praying on the pavement for their detained colleague, will after
all be charged under the Public Order and Security Act (POSA).
On 22 September, the National Pastors Conference alleged
that the government is harassing and torturing pastors for offering
spiritual services to perceived MDC supporters.
"On 13 November, the government published a list of
NGOs which allegedly threaten national peace and security. On the
same day, Patrick Chinamasa, the Minister of Justice, Legal and
Parliamentary Affairs made statements in parliament accusing Amani
Trust, a leading Zimbabwean human rights and service organisation
which appears on the list, as well as other organisations, of destabilizing
the country. The Minister of Public Service, Labour and Social Welfare,
July Moyo reportedly told parliament that organisations such as
Amani Trust which are not registered under the Private Voluntary
Organizations (PVO) Act would be forced to close their offices or
face arrests."
"The government also reportedly discredited the political
violence reports produced by the Amani Trust. The research findings
of Amani Trust on human rights violations in Zimbabwe are consistent
with Amnesty International's own investigations and those of other
international humanitarian and human rights organizations. Amnesty
International believes that these allegations are part of government
efforts to discredit and undermine the work and reputation of Amani
Trust. Amani Trust appears to have been specifically targeted by
the government because of its meticulous documentation of human
rights abuses."
Attacks on teachers
Teaching them a lesson: A report on the attacks
on Zimbabwean teachers, ZHRNGO Forum, 23 September 2002. This report
documents a policy of attacks on teachers, particularly in rural
schools, affecting those perceived not to support the ruling party.
The 238 individually documented violations in the report include
unfair dismissal, assault, torture, abduction, and the political
closure of 29 schools, during an 18 month period.
At least 13 teachers were reported as not reporting for duty
in Masvingo and Manicaland provinces when schools reopened in September
2002. According to the Progressive Teachers' Union of Zimbabwe (PTUZ),
this is because of "rampant intimidation and assaults"
by war veterans and Zanu-PF youths. During the school holidays,
3 teachers reported assault and others reported death threats.
At the beginning of the new term, teachers in Matabeleland
South including a headmaster, reported being forced by "war
veterans" to leave their schools because they are opposition
party supporters. The four affected schools are all in Gwanda North,
an MDC stronghold.
70 schools in Binga were forced to close as all teachers
were forced to attend a Zanu-PF campaign rally on 6 September, ahead
of the rural district council elections. Notes sent to headmasters
warned them to identify teachers who did not attend the meeting
at Binga business centre.
2 October 2002: PTUZ called for a nationwide strike to demand
higher pay for teachers, who now earn less than soldiers. They also
appealed for an end to harassment of teachers.
The General Secretary of the PTUZ, Raymond Majongwe, was
arrested on Thursday 10th October and held in prison for 4 days.
During this time he was severely tortured. He was released and then
re-detained on 16th October 2002.
The strike went ahead in spite of government threats on 8th
October, and on 15th October 2002, the Public Service Commission
dismissed 627 secondary school teachers in Harare and Bulawayo.
In 3 schools in Harare and one in Bulawayo, this has left entire
schools with no staff at all. Pupils are only weeks away from writing
final examinations.
17th October 2002: South African Democratic Teachers Union
releases a press statement, Recognise Workers' Rights in Zimbabwe;
Stop Harassment of Teachers and their Union Leaders, condemning
the attacks and unfair dismissals in Zimbabwe.
21st October 2002: 25 teachers from Gwanda North who fled
their schools after political threats, report that at a meeting
with 2 senior government officials, they were told their safety
could only be guaranteed if they supported Zanu-PF. Abednico Ncube,
Deputy Minister of Foreign Affairs is reported as having said: "If
you want to be in politics, join Zanu-PF because it is the government.
If you want to join another party, wait until it is in government."
4 November 2002: it is reported that the Organising Secretary
for Matabeleland PTUZ, Innocent Moyo, was a few days' earlier severely
assaulted by police officers in Bulawayo Central Police Station,
sustaining facial injuries and suspected broken rib.
Destruction of homesteads
During October and November 2002, the task
team from PHR-DK conducted field visits to areas where it had been
alleged that properties had been destroyed, or threatened with destruction,
in the wake of the RDC elections This included Binga, Filabusi,
and Esigodini in Matabeleland North and South.
In all cases, the team found that homesteads had
been destroyed as reported by victims, or in the media (photographs
2-4, following page). In Esigodini, a farm compound was entirely
razed by war veterans in the process of a farm invasion, displacing
approximately 100 farm workers. Three homesteads in Binga and one
in Filabusi were visited by us. They were destroyed, according to
the victims, in retribution for voting MDC in the Rural District
Council elections.
There have been reports from other districts of similar
property burnings in the wake of the RDC elections, although it
was not logistically possible to confirm all cases with field visits.
As one example of several sworn statements made by
persons who had their houses burnt down, see affidavit by Q, Annex
1, page 57.
| Photographs 2 and 3: homesteads
belonging to 2 different duly elected MDC Rural District Councillors
in Matabeleland North, burnt down by Zanu-PF supporters in October
2002. |
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| Photograph 4: twenty-seven
goats were burnt to death in this hut in October 2002. They
belonged to an MDC supporter in Binga, Matabeleland North, whose
property was destroyed by Zanu-PF supporters after election
results were announced [personal interviews]. |
|
|
3.2 The Rural District
Council and Insiza elections as events triggering politically motivated
violence
A brief overview of the nationwide Rural District
Council (RDC) elections, and the Insiza Parliamentary by-election,
is given here. This is in order to contextualise the following sections
in this report, which will give specific instances illustrating
the destruction of property, the manipulation of food, and use of
torture that occurred during the campaign period and in the aftermath
of these elections.
The last two years in Zimbabwe have shown that it
is in the rural areas of Zimbabwe where Zanu-PF retain most of their
support. In the elections of 2000 and 2002, including several municipal
elections, urban centres nationwide voted overwhelmingly for MDC
. In 2000, in Matabeleland rural and urban areas, 21 out of 23 parliamentary
seats were won by MDC. According to a report entitled 'Report on
Local Authority Election 28-29 September 2002', by the Zimbabwe
Electoral Supervisory Network (ZESN), "To ZANU PF the election
was conceded to be a battle for supremacy and political space. As
a ruling party, its aim was to consolidate power at all levels of
governance starting from central to local governance using any means
at their disposal."
It has also become apparent over the last two years
of documented human rights abuses, that the rural areas remain most
vulnerable to political intimidation; throughout 2002, attacks by
war veterans and youth militia have occurred systematically, particularly
in rural Zanu-PF stronghold areas such as Mashonaland and parts
of the Midlands.
The Rural District Council elections set for September
2002 were considered key by Zanu-PF, who needed to hold these areas
to compensate for the erosion of their control in urban areas.
A particularly key reason for wanting to control
the rural areas politically at this time is the strategic role being
played by Rural District Councillors in the sale and distribution
of GMB food, and control over who is eligible for government "Money/
Food For Work" programmes. We will document in the following
section, how abuse of food sales is, in some instances, enriching
Zanu-PF officials at the rural level, while simultaneously depriving
MDC supporters of food.
RDC: Nomination and campaign processes
During the process of nomination for this election,
it was clearly indicated that Zanu-PF intended to maintain its dominance
of all Rural District Councils.
MDC held primary elections and intended to field candidates in all
wards. However, out of 1,397 contested seats, MDC candidates were
only able to register their nominations in 646 wards nationwide.
Before a single vote had been cast, Zanu-PF had a clear majority
of seats. MDC protested that the grounds of prevention from nomination
were incorrect or illegal in the vast majority of cases.
Circumstances which prevented MDC candidates from registering included:
War veterans besieged nomination offices making it impossible
for MDC candidates to enter the offices and register (reported in
Chegutu, Shamva, Murewa; see also clinical Case L in this report).
War veterans and other Zanu-PF supporters threatened prospective
candidates and their supporters with violence and denial of food,
causing them to withdraw candidature (see affidavit following on
Nkayi page XX, and entire section on food).
Physical attack on lives and property of candidates, including
murder of one person, Nikoniari Chibvamudeve. Violence caused the
withdrawal of candidatures nationwide.
Districts where political violence was indicated as marring
the pre-registration and pre-election period included: Shurugwi,
Chirumhanzu, Mberengwa West, Zvishavane, Tsholotsho, Nkayi, Hurungwi,
Mberengwa East, Chimanimani, Gutu South, Gutu North, Bikita West,
Zaka and Masvingo. All these areas reported assaults, property destruction
and fleeing candidates.
War veterans intercepted MDC candidates en route for the
nomination offices and destroyed their completed applications. These
included signatures by ten promoters, and it was not possible for
candidates to replace the forms in time (reported to authors as
occurring in Tsholotsho, for example).
Last minute unpublished changes were made to ward boundaries,
disqualifying prospective candidates (ZESN, op cit).
Some candidates were arrested in the days prior to nomination
( ZESN, op cit).
Government officials, allegedly deliberately, gave MDC candidates
the wrong information as to the documentation needed for registration.
Officials demanded documentation from MDC candidates not
previously required in terms of the Act.
On 27th September 2002, the MDC placed an urgent
application in the High Court, requesting the suspension of the
elections, scheduled to begin the next day. They cited widespread
violence and intimidation. However, the High Court ruled against
them, saying the application was not urgent, and the election went
ahead.
28th and 29th September: the RDC elections - "fear
of hunger and fear of assault"
Zanu-PF won the vast majority of the 646 contested
seats in the Rural District Council elections. The election days
were typified by voter apathy, with some councillors being elected
with between 100 and 200 votes in their wards. In Binga, a remote
rural district in Matabeleland North, MDC won convincingly with
16 seats out of 21, but apart from this district, MDC seats were
scarce and mainly restricted to parts of Matabeleland North and
South. ZESN (op cit) comments: "Results were announced in the
counting centres and have also been published in the print media.
However it is of concern that not all the results have been published
and the district results which were announced on ZTV on Wednesday
2 October do not tally. As such the official results remain the
exclusive property of the Registrar-General's office so far."
Some polling day violence was reported, including
the abduction and severe assault of 4 named MDC polling agents in
Masvingo.
There were claims by MDC and by other unofficial observers
that food was used to bribe voters on voting days. In Chimanimani,
Roy Bennet, the MDC Member of Parliament, was arrested with two
others and held for 2 days, after they witnessed maize packs being
given only to those voters who agreed to vote as illiterates, in
the immediate wake of their voting. ZESN (op cit) also comments
in detail on the use of food to bribe voters on voting days.
ZESN (op cit) comments on the high numbers of assisted voters
nationwide : "some people ask for assistance so that they can
tell polling agents who they want to vote for and therefore leave
no doubt as to their support for a particular candidate or party."
ZESN (op cit) notes that some MDC candidates fled their constituencies
and were not able to campaign at all, nor were they present during
the voting process.
30th September to 15th October: retribution
In the post RDC election phase, there were reports
from around the country of attacks on MDC individuals and their
property. Such attacks targeted those who had successfully, or unsuccessfully,
stood for MDC in the elections, as well as MDC polling agents and
nominators of candidates.
In Mutasa District, "celebrating" Zanu-PF youths
destroyed five homesteads all belonging to MDC supporters (names
available).
In Binga, the government suspended all donor food to starving
school children. Officials were quoted as saying this was to punish
the region for its strong MDC vote. The Catholic Church was ordered
to stop its feeding, as were "Save the Children" and "Oxfam
Great Britain".
The Catholic Bishop in Hwange was successfully pressured
to close the Catholic Commission for Justice and Peace (CCJP) offices
in Binga; this human rights organization was accused by government
of having campaigned for the opposition.
Three MDC families, two of whom had fielded candidates in
the Binga elections, had their properties burnt down as a lesson
to MDC (see photos 2 to 4 in this report).
In a ward in Matableland, Zanu-PF supporters severely assaulted
a winning MDC candidate and his wife after the election outcome
(see Clinical Cases M and N in this report).
In Bulilimamangwe District, Ward 12, Zanu-PF supporters threatened
a violent backlash after MDC won the seat here. Villagers were warned
that there would be no food from the government to the ward because
they had voted MDC.
In Muzarabani District, the Zanu-PF MP reportedly evicted
those considered to be MDC supporters from his district, in particular
those originally from Masvingo.
The Insiza by-election
The death of the MDC Member of Parliament for Insiza
resulted in an October parliamentary by-election in this constituency.
The campaign period was marred by widespread reports of violence
by Zanu-PF supporters and the open political abuse of food, including
donor food, by Zanu-PF.
Reported violence:
An MDC official was shot in a police station,
in front of police, by the Zanu-PF MP-candidate, Andrew Langa. (see
Case C in this report for affidavits and photographs relevant to
the incident).
The victim and 11 MDC associates were subsequently charged
with "inciting violence" against themselves, and the aggressor
walked free. All these MDC officials were banned the right to enter
Insiza until after the election, seriously undermining MDC's capacity
to campaign.
Armed Zanu-PF militia fired on an MDC convoy 3 days before
the election. Siyabonga Malandu Ncube, the MDC candidate, was in
the convoy and went into hiding afterwards.
He also reported that he had been stopped at a road block
some time prior to the shooting and had been told by the police
that he could not enter his own constituency. He was eventually
allowed to enter, and 10 km later was ambushed by the armed militia.
Hundreds of residents of Insiza were reported in the media
to have fled ahead of the election after being accused of supporting
MDC and being threatened with violence.
Property was destroyed in the wake of the election in punitive
actions.
Reported food abuse:
In mid-October, the World Food Programme (WFP)
suspended food aid "until further notice" in Insiza District,
citing political interference with WFP food ahead of the by-election.
The WFP reported that Zanu-PF activists had seized 3 tonnes of maize
being distributed by the Organisation of Rural Associations for
Progress (ORAP) and had distributed it solely to Zanu-PF supporters,
"in an unauthorised manner".
"Relief food distributions are not the place for any
kind of political activity. WFP will only distribute its food on
the basis of need and without regard to partisan affiliations,"
WFP Zimbabwe Representative Kevin Farrell said. The agency said
it was seeking urgent assurances from the authorities that a similar
incident would not happen again. The food seized was the monthly
ration for 6,780 people in two wards in the district.
On 22nd October, the MDC cancelled a rally in Insiza after
they found Jonathan Moyo, the Minister of State for Information
and Publicity, and Dr. Joseph Made, the Minister of Lands, Agriculture
and Rural Resettlement, distributing maize seed at Mahole, the venue
of the planned MDC rally. The rally was supposed to be addressed
by Gibson Sibanda, the MDC vice-president, and MDC claimed the distribution
of maize had been deliberately timed to coincide with the timing
of their rally.
The election went ahead and Zanu-PF won the vote.
Andrew Langa, who, in a politically motivated attack, is alleged
to have shot a man in a police station days before the election,
is now a Member of Parliament in Zimbabwe.
4. Abuse of food as a political
weapon
"Why do I get the impression, that I have to
beg you to feed your people?"
The evidence we have gathered is limited, also geographically,
covering only certain districts in the western half of the country
which we visited. However, media and other reports indicate that
political abuse of food, particularly of government controlled food,
is to be found nationwide, and could affect tens of thousands of
people, including small children.
Furthermore, we acknowledge that it is not only opposition
party supporters who are currently at risk of starvation. In all,
more than half the nation does not have enough to eat. Those who
are ill with HIV, the old and the orphaned are high risk groups,
regardless of their political affiliation . However, these groups
are not being deliberately or systematically deprived of food by
government, and are groups that in any famine situation would face
a high risk of starvation, because of their already poor health
and/or socio-economic status.
This chapter is focused on those groups deliberately
excluded from access to food, by state agents and their supporters,
for political reasons.
For the benefit of those not familiar with the mechanisms
of access to food in Zimbabwe, the following summary is repeated,
with slight modifications, from the May 2002 PHR-DK report.
There are three main ways of rural dwellers accessing
maize at the moment. These are:
1. Government "food for work" programmes:
it is a long standing policy that in times of drought, families
with no harvest and no money to purchase food should perform public
labour, for example repairing rural roads, in return for food.
2. Purchasing of maize through the government controlled
Grain Marketing Board (GMB): all sales and movement of maize, including
the price, remains entirely controlled by the government. GMB depots
are found in all rural and urban districts, and in rural areas,
are the only legal buying points for maize at this time. It should
be added that the continued insistence of the government in maintaining
total control of grain imports and sales has been repeatedly criticised
by commentators both within and without Zimbabwe, including the
UN, as it is one of the major reasons for the under-availability
of maize in Zimbabwe at the current time.
3. Donor feeding schemes for high risk groups, controlled
to varying degrees depending on the district and the donor policy,
by the donors themselves, the government, and the ruling party and
its affiliates at ground level. This latter group include ZANU controlled
rural district councils, traditional leadership, youth militia and
war veterans.
The first two maize access mechanisms are run entirely
at the discretion of government employees, and are particularly
open to political selectivity: in rural areas, and also some urban
areas, only known Zanu-PF supporters are allowed to benefit.
Control of sales
A Zimbabwean commentator recently observed for himself
and summarised the system being used to control GMB maize sales
in small urban centres.
Maize was allocated by GMB in Bulawayo to this rural centre
The District Administrator (DA) allocated the maize to three
approved millers - all of which are under Zanu-PF control.
The millers milled and packed the maize meal, which was sold
at a wholesale price to the elected councillors in each ward.
The councillors organised a distribution point in each ward
(usually a school) and employed a few people to sell the maize meal
at the retail price. The councillors retained the 20 per cent mark
up on these sales.
Only people who came from each ward and had written approval
of the councillor or the DA were allowed to buy the maize meal.
The two elected MDC councillors in the district were not
included in the arrangements and all known MDC supporters were denied
the right to buy food.
Other reports indicate confiscation of maize and
other food stuffs at police road blocks around the country, ensuring
that areas that have a deficit cannot be subsidised from other areas
within Zimbabwe.
Control of food entering the country
The government is currently actively preventing food
from various sources from coming into Zimbabwe. Persons are limited
to one bag of maize each on entering across the border.
The MDC has had its direct imports impounded at the border for the
past 6 weeks
Control of donor food entering the country
Even credible donors, who have imported food into
Zimbabwe in previous droughts without hindrance, have had their
food embargoed at the border. The Catholic Church has had its direct
imports blocked. CAFOD have been stopped from bringing in 1000 tonnes
for the Bulawayo diocese, allegedly because the government intensely
dislikes the Archbishop of Bulawayo, Pius Ncube who is an outspoken
critic of the government. Oxfam Great Britain has also been prevented
from playing a role in food imports, as has the UNDP, which proposed
funding direct private sector imports.
Brian Macgarry, a Jesuit priest currently trying
to import maize for his parish, comments on the arduous process
of trying to get permission to bring in food.
"To import maize, you need to go through a 14 stage process,
with officials able to delay or stop you at almost any stage, and
then, if you clear all those hurdles there is still the danger that
a local warlord will dislike some of the people you try to feed."
The black market
In addition, there is a fourth and widely reported
way of accessing maize countrywide now, which is via the black market.
According to our information and according to other reports, the
black market is mostly controlled by Zanu-PF officials, from the
level of RDC councillors, to Cabinet Ministers and politburo members.
The monopoly by Zanu-PF on all food sales via the
GMB has a double benefit to the ruling party: control of food sales
can be used to starve the opposition, thereby undermining their
political support, while simultaneously enriching those Zanu-PF
officials who sell maize on the black market.
Abuse of donor food in Insiza and Binga
Political abuse of donor food in these two districts
has been well documented in the media. Donor food was stopped by
war veterans in Binga after the Presidential elections. The situation
took six weeks to resolve. In October, Save the Children feeding
was stopped in Binga, as was church feeding, to punish the region
for voting strongly for MDC in the RDC elections. To date, 6 weeks
later, the situation remains unresolved. As this is one of the poorest
districts in Zimbabwe, where thousands of people are now on the
point of starvation, this political interference with food must
be condemned.
In Insiza, the WFP stopped ORAP donor feeding programmes
after Zanu supporters hijacked 3 tonnes of maize and distributed
it in an "unauthorised manner", ahead of the by-election
there. To date, 20th November, feeding by WFP has not resumed in
Insiza. Once more, it is thousands of genuinely hungry people who
are paying the price for political abuse by government supporters.
5.
Results of interviews and field visits to districts to investigate
allegations of political abuse of food
August to November 2002
All interviews and field visits took place from August
to November 2002. The cases summarised here represent interviews
with more than 100 people who, during this period, reported denial
of access to food on political grounds to the authors.
Interviews and findings
We conducted in-depth interviews with a range of
people claiming politically-motivated denial of access to food.
When individuals claimed systematic food abuse in their areas, where
politically possible, we conducted field trips to establish whether
one person's story was being corroborated by others in a particular
area.
Some claims made to us could not be verified from
more than one source. Where possible written documentation was asked
for, but it is clear that most statements advocating withholding
of food from people on political grounds, are made verbally to largely
illiterate rural civilians. Hard evidence of official government
attitude is therefore difficult to find. Some individuals provided
extensive documentation from victims, indicating that possibly thousands
of persons in their district were victims of political food abuse.
In some instances, victims made sworn statements in the presence
of the authors.
Information included in this chapter is limited to
those claims where we felt there was a high probability that the
reports were true, based on the fact that multiple persons, interviewed
from the same area but at different points in time and space, were
indicating a similar pattern of abuse to us. We would observe whether
several testimonies agreed on (a) time, (b) place, (c) events, (d)
perpetrators and victims named, in order to assess whether various
testimonies were corroborating each other. Interviews were frequently
video-taped. We also videoed the nutritional status of children,
household food supplies, and preparing of indigenous fruits to supplement
diets. This may provide a reference for repeat visits over time,
to note any deterioration in these factors.
Abuse convincingly reported to us included manipulation
of all routes to food, including FFW schemes, purchasing of food
from the GMB, and the nature of the maize black market at rural
level. Reports also indicated that in some areas, abuse of donor
food takes place.
All interviewees reported that they had been denied
food for political reasons, some being supporters of the Movement
for Democratic Change, the dominant opposition party in Zimbabwe,
and others being assumed to be so. In all cases, the manipulation
of food was by government officials or Zanu-PF activists. All interviewees
agreed to the publishing of their evidence, on guarantee of anonymity.
Permission was given for the use of the photograph of the child
on the title page.
In this report, all interviewed persons are anonymous.
Districts are indicated, but exact location of incidents is omitted,
to protect interviewees and their families from reprisals.
5.1 Case examples by district
1. Nkayi District: GMB and FFW
Informants on food abuse in Nkayi numbered 30 over
3 months. One key informant conducted his own field information
gathering exercise, and presented the authors with written documents
from 18 key individuals, including one of the few pieces of written
evidence from a perpetrator.
Lists were compiled by people resident in the wards
and submitted to the authors in August - not all are clearly dated
however.
TOTAL: 1,437 people alleging human rights violations
related to food/food for work in terms of access denied on political
grounds.
The longer accompanying notes explain that MDC people are being
excluded from "food for work" programmes, or are not being
paid for their work. They also implicate war veterans and Zanu-PF
supporters or officials as the culprits preventing MDC members from
accessing food.
This discrimination seems to be policy, judging by
some of the notes accompanying the lists, which include a note written
by Councillor LN of Nkayi. He is a Zanu-PF councillor and his note
clearly orders political discrimination against MDC, even recommending
they have the size of their fields reduced, as by voting MDC they
demonstrated they "don't want land". This note further
states that food should only go to Zanu-PF and that MDC should "go
stay with their whites and their Tsvangirai".
In two cases accompanying notes explain that MDC
people are told they cannot benefit from the government. They also
indicate that war veterans and Zanu-PF are refusing MDC people access
to GMB grain and even to commercial stores (see Annex 2).
Sworn statement - Nkayi
On 25th October 2002, a sworn affidavit was made
in the presence of one of us and a commissioner of oaths. The following
is a summary.
The affidavit relates how a prospective MDC candidate for
the RDC elections in Nkayi was forced to withdraw after relentless
intimidation, against himself and his wife, including threatening
home visits by war veterans.
It further relates how even after pulling out of the election,
he was threatened in the wake of the elections.
This has resulted in him having to leave his home, being
deprived of his livelihood, and also being deprived of his right
to purchase food.
The original affidavit lists the full names and ID numbers
of individuals from 27 other families in this one ward of Nkayi
who were removed from FFW programmes in October, after the RDC election.
They were accused of being MDC.
These same families have further been threatened that their
fields will not be ploughed by RDC tractors as their fields are
"government land", and they do not support government.
Opinion
From evidence to hand, political abuse of food in
Nkayi, appears to have been continuous since the outcome of the
Presidential election in March, until the present. The dominant
ways of accessing maize in the district appear to be through Grain
Marketing Board (GMB) sales or through "food for work"
(FFW). Both are reported to be widely politically manipulated.
2. Bubi District: GMB and FFW
Bubi District in Matabeleland North was visited by
the authors three times during August 2002, and 21 interviews were
carried out in the ward on an individual basis. This was in response
to information that in some wards, systematic political abuse of
FFW and GMB sales was taking place.
The interviews indicated the following:
In June, there was a delivery of GMB food to a particular
ward. This was only the second delivery to this ward this year.
The local Zanu-PF councillor SN allowed around 90 known Zanu supporters
to purchase maize at the government controlled price. He then refused
to sell the remainder to "MDC families", and took the
maize, which was a substantial number of bags (reported as close
on one truckload) to his home.
This Zanu-PF councillor thereafter sold the maize
at extortionist prices to the community members, at up to 10 times
the government controlled price. This councillor also on one occasion
swopped two 50 kg bags of maize, for a live beast from an MDC supporter.
The maize has a controlled price value of Z$1,100 and the beast
an estimated sale value of Z$15,000.
In this same ward, it was reported that 114 community
members took part for FFW during June and July. However, when the
payment came for the work, in August, only 27 known Zanu supporters
received payment, and 87 known MDC supporters received no payment.
However, their money was nonetheless signed for. One interviewee
who had seen the signed list reported that the same signatures appeared
repeatedly opposite multiple names. Interviewees were very bitter
at having performed hours of work for no pay.
Other interviewees from neighbouring wards reported
being denied the right to take part in FFW schemes, because they
were considered to be MDC members. One female interviewee reported
how she had been allowed to do FFW before the presidential election.
However, she was an MDC polling officer during the election period,
since when she has been thrown out of the FFW scheme.
Opinion
Twenty-one testimonies given independently from two
wards in this district were found to be consistent with one another.
They indicate systematic withholding of food from MDC supporters
by the same few named Zanu-PF officials in their area. This manipulation
occurs both through the FFW schemes and through control of who can
purchase from GMB. Several statements corroborated the existence
of a maize black market controlled by Zanu-PF officials.
3. Other districts and urban centres: GMB
We have had consistent reports on the political abuse
of GMB sales in the following districts and urban centres: Hwange,
Lupane, Binga, Nkayi, Matobo, Bulilimamangwe, Bulawayo, Gwanda South,
Mberengwa East, Gokwe, Zhombe, Kwekwe, Gutu, Masvingo Central, Masvingo
South, Zaka.
In each of these districts or centres, between 3
and 10 individual face to face interviews were conducted with persons
from that area. In all cases, people report that they as alleged
MDC supporters have been denied the right to purchase maize from
GMB. In many cases, those reporting abuse of food access did so
in the context of reporting other human rights abuses, such as torture
or property loss.
All cases interviewed in Chapter 6 of this report, related instances
of political food abuse in their areas, in addition to their physical
abuse.
In some instances, people are denied access to GMB
and FFW by name; in a small rural area, people's political affiliations
are known. This can mean being thrown out by name at public meetings
to discuss food distribution , as in Example 2 following, or it
can mean having your name left off a list of approved buyers that
is used by those in charge of GMB sales.
In the larger centres including urban centres such
as Masvingo, and in some suburbs of Bulawayo, it is reported that
people have to produce a Zanu-PF card in order to buy food. Furthermore,
some GMB distribution points insist on old Zanu-PF cards: those
purchased since the presidential election are assumed to have been
bought for pragmatic reasons, in order to get maize, and not to
reflect genuine loyalty to the ruling party.
In Kwekwe, a small urban centre, it has been reported that the GMB
sells direct to Zanu-PF councillors, who then sell the maize through
their own shops, but only to known Zanu-PF supporters.
In Masvingo South district, the PHR task team personally observed
youth militia in charge of GMB sales. They also observed for themselves,
these militia refusing to sell maize to a known MDC supporter, and
then giving two bags of maize to two policemen, more or less simultaneously.
Opinion
The reports are consistent from all these regions,
which include districts and urban centres from 5 provinces. The
reports come from a multitude of informants, both male and female,
young and old, educated and less educated. What those being denied
food have in common, is their affiliation, real or imagined, to
the MDC. The fact that these reports are similar and from individuals
who are widespread in distance and time, indicates a high likelihood
that the claimed pattern of abuse is taking place.
4. Midlands - abuse of donor food
The previous PHR-DK report documented instances of
political abuse of donor food in some rural districts. Recent statements
and three visits during October indicate that the political abuse
of food continues, although it reportedly now affects fewer wards.
This has been indicated by ten different informants, and confirmed
by on-site visits to homesteads.
Example 1:
The child on the front of this report is from an
MDC supporting family in Midlands that allegedly was consistently
denied access to food, including to World Food Programme (WFP) food,
on political grounds. The mother allegedly has had to surrender
her affiliation to MDC in order to get on to WFP feeding lists in
order to save the life of this child and her 8 other children.
For medical findings on this child, see page 2 of this report.
Interview with mother of child
The mother DD has 9 children under the age of 12
in her household. She was an active MDC supporter before the Presidential
elections and has had trouble accessing food all year as a result.
Shortly before the RDC elections, she realised that her food situation
was desperate. She realised that her children were in serious danger
of starving to death and she did not know what to do. She realised
that MDC was not in a position to help, and that as long as she
remained an MDC supporter, she would not get food, because that
is what everyone in her ward has repeatedly been told by Zanu-PF
officials.
She has tried repeatedly during 2002 to get on to
WFP feeding lists and was told by the local community leaders responsible
for drawing up lists, that she was not eligible as she was MDC.
The kraalhead named T came to her home and told her she had to surrender
her MDC cards if she wanted to benefit from World Food Programme
donor food. This was shortly before the Rural District Council elections.
DD said she was made to carry her MDC card to the
kraalhead's place to publicly surrender her card there and buy a
Zanu-PF card. Immediately on doing this, she was declared as now
being eligible for WFP food, and was placed on to their feeding
lists.
The photograph of her youngest child was taken a
few days after she had surrendered her right to support the political
party of her choice, in order to save the lives of her children.
Example 2:
MDC supporters expelled from WFP meeting, by Zanu-PF
officials
We received multiple reports, including from eye
witnesses, of events at a meeting held in a Midlands district on
14th October 2002, called to revise the list of beneficiaries for
WFP donor food.
These reports, given both by those personally named,
and also by eye witnesses not forced to leave the meeting, consistently
claim that 10 known MDC supporters, most of whom had represented
MDC in an official capacity during the recent RDC elections, were
called out by name and forced to leave the meeting. This was done
by Zanu-PF officials before the arrival of WFP officials, who may
have remained ignorant of what had just happened. This underlines
the way in which Zanu-PF out-manoeuvres WFP officials at times,
ensuring that WFP is not always aware that their food lists are
being manipulated.
The process of being forced to leave was designed
to create maximum humiliation for those named. Two Zanu-PF officials
(names given) announced that they would call out those people who
supported MDC and who were therefore not eligible for food from
the WFP donor programme.
The names were called out one at a time. On being called,
that person was told to stand and then leave the meeting while everybody
else watched.
Once one person had entirely left the group, then the next
name would be called and the next person would have to leave.
Ten persons, several of them elderly women, were put through
this embarrassing process. We personally interviewed 4 people who
were subjected to this experience, as well as other observers.
In one case, a woman was ejected from the meeting but her
husband was not: he surrendered his MDC cards and purchased a Zanu-PF
card shortly before the RDC elections in order to get on to WFP
food lists. However, his wife refused absolutely to surrender her
MDC cards. She was therefore publicly labelled as an outcast, while
he watched. The fact that the politicisation of food has reached
the point of discriminating husband from wife is particularly regrettable.
Example 3:
On 25th October 2002, a sworn affidavit was made
in the presence of one of the authors, giving further detailed background
on the abuse of WFP food in this same Midlands district. It further
indicates denial of access to borehole water on political grounds,
a type of discrimination previously documented in the May PHR-DK
report, as occurring in this same district.
The interviewee recounted in his affidavit and in
person how:
An impartial committee democratically elected in his ward
to compile WFP food lists was "sacked" by Zanu-PF officials
ahead of the RDC elections, and was replaced with an entirely Zanu-PF
committee, which allegedly removed MDC names from the food lists.
He is among those sacked.
"Pungwes" were held at night and Zanu-PF officials
used as part of their campaign strategy, the threat that those who
voted MDC would not receive WFP food.
3 names are given of people who surrendered MDC cards to
get their names on to WFP lists
12 more names are given of families still denied food, allegedly
because they are MDC
The interviewee is facing eviction orders, on the basis that
he is an "MDC criminal".
The interviewee was on spurious grounds denied the right
to vote on the first day of voting in the RDC elections, although
he was eventually allowed to vote the following day.
The interviewee witnessed voters being routinely pressured
to vote as "illiterates" with the "help" of
Zanu-PF officials, thus ensuring that these votes were for Zanu-PF.
Opinion
Informants from one ward of one district in the Midlands
gave consistent reports about abuse of donor food in their area.
Four eye witnesses gave identical accounts of MDC supporters being
thrown out of a WFP meeting by Zanu-PF officials. The fact that
persons interviewed at different times and places gave consistent
and detailed accounts of events, indicates a high probability that
the claimed events took place.
5. 2 Conclusions
Over the last three months, many first and
second hand testimonies were collected about politically discriminatory
practices against MDC supporters affecting all avenues of access
to food, including GMB sales, FFW programmes, and food distributed
by international NGOs.
Interviewees were from 18 districts and urban
centres from 5 provinces. Their testimonies were consistent over
time and place, indicating a pattern of political manipulation of
food that is widespread, in particular in relation to government
controlled maize through GMB and FFW.
Manipulation of food was directly related
to elections; the ruling party openly threatened vulnerable rural
communities with starvation if Zanu-PF was not elected.
Manipulation of donor food was detailed by
ourselves in one district only, although media reports indicate
at least two other districts where such manipulation occurs.
In all cases of problematic food distribution,
those implicated in politically manipulating access to food are
Zanu-PF supporters; such abuse of power is not limited to war veterans,
youth militia and elected councillors, but includes headmasters,
businessmen, chiefs and traditional leadership.
In the cases of selective feeding practices
brought to its attention during October 2002, the international
donor is in the process of intervening to end the discriminatory
practice.
However, it is clear that this scheme has
been discriminatory for months without the donor being aware. This
points to a need for a revised monitoring system on the ground.
Monitoring should include verification that
villagers on the feeding lists all qualify as high risk, and are
not selected on party political lines. This will imply contact with
key informants from the local community other than the Zanu-PF dominated
leadership. In communities split through the middle, political neutrality
can only be achieved by including in discussions, those identified
as "enemies of the state", including opposition party
representatives and civil society.
Zanu-PF appears to be maintaining a situation
where there is too little food in the country, by controlling all
sales and imports. Too little food is serving a dual purpose: it
allows political control through controlling who accesses food;
it facilitates the creation of a Zanu-PF dominated black market,
thus enriching the Zanu-PF hierarchy.
Strategies need to be found to dramatically
increase the flow of food into the country, and to free it from
government control, which is equivalent to partisan Zanu-PF control.
If it is not possible to increase non-partisan
food supplies into the country, it is our opinion that starvation
and eventually death, will occur along party political lines in
Zimbabwe.
6. Results of examinations
of individuals exposed to human rights violations in Zimbabwe, August
to November 2002
All interviews and examinations took place from August
to November 2002. The cases summarised here represent only a fraction
of approximately 80 people who, during this period, reported ill
treatment or torture to the authors.
Interviews and findings
All examinations were carried out in the following
manner: the history of torture or ill treatment (a) is compared
to the examinee's description of ensuing symptoms (b) and the results
of the clinical examination (c). In each individual case, it is
appraised whether there is consistency between these three elements
(a-c), thereby on medical grounds assessing the validity of the
statements of torture.
The exception is Case C, where case details were
compiled with permission from two affidavits made by those involved
in the case, in one instance an eye-witness, and in the other instance
the surgeon who operated on the victim.
All examinees agreed to be interviewed and examined
with a view to publishing evidence of violence committed during
the period August to October 2002. Furthermore they agreed that
photographs of their injuries could be published as long as their
faces were not exposed. Permission was given for the use of the
photograph of the child on the title page.
In this report, all examined persons are anonymous,
and exact location of incidents is omitted, to protect interviewees
and their families from reprisals. The exception to this is Case
C, which received media attention and which is already in the public
domain.
In the following case descriptions, "Present
Violence" summarises the accounts the examinees gave to us.
All examinees reported that they had been attacked
for political reasons, some being supporters of the Movement for
Democratic Change, the dominant opposition party in Zimbabwe, and
others being assumed to be so. Some were reportedly attacked as
part of a general repression of their community.
It was considered too risky to approach supporters
of the ruling party to get information about possible human rights
abuses committed by the political opposition; documentation of such
violations has been done before.
The definition of torture in the UN Convention against
torture and cruel, inhuman or degrading treatment or punishment
was used:
"Any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person
for such purposes as obtaining from him/ her or a third person information
or a confession, punishing him for an act s/he or a third person
has committed or is suspected of having committed, or intimidating
or coercing him/her or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted
by or at the instigation of or with the consent or acquiescence
of a public official or other person acting in an official capacity."
6.1 Case presentations
Case A
Male MDC supporter assaulted by the police together
with others, in a police station
[see Case B for another account of the same incident]
Date of incident: 9 October 2002
Place of incident: Rural district business centre, Matabeleland
North
Date of interview: 11 October 2002
Personal history
Interviewee is a rural farmer in his thirties, and
is an active member of the MDC.
Present violence
On 9 October 2002 at around 7 pm, the interviewee
passed through the rural business centre on his way home from work.
He went into S Trading store to buy some food when 3 men entered;
one was in Support Unit police uniform and the other 2 were recognized
as "war veterans" who work at the Zanu PF offices. The
policeman had a gun. One of the others had a long baton stick, the
other a short baton and a sjambok.
The one in uniform grabbed the interviewee by the belt and lifted
him up, ordering him to leave his groceries, which were stolen by
one of the many youth militia nearby. The 3 led him to a police
vehicle some 10 metres away. In the vehicle there were about 4 men,
known to the interviewee as MDC supporters.
In the police vehicle, the interviewee also recognised the Officer
In Charge of the local police post and 2 others. They demanded his
ID card, handcuffed his hands behind his back and pushed him into
the vehicle. They drove around looking for others for about 10 km.
They found and bullied an old man who was travelling in a donkey
cart towards T, after which they returned to the business centre.
Here, the vehicle stopped for a policeman, who had a local MDC activist
with him whom the interviewee recognized as T; he had been beaten
severely on the head and was bleeding. His shirt was blood-soaked.
He was forced into the vehicle with the others.
The police then drove to the Charge Office. They told the interviewee
and others to remove shoes, belts and other clothing. The police
took the interviewee into a storeroom and told him to lie face down,
after which they used big baton sticks to assault him. He was beaten
on the back for some minutes, after which he was beaten on the soles
of both feet. He was handcuffed behind the back during the beating,
and felt his arm being lacerated with a sharp object, but as he
was face-down, he could not see the instrument used. The interviewee
was then told to sit down with the others, and a policeman called
Mr T then hit on the head, all of those seated. He took his baton
stick and poked them all hard in the abdomen.
The interviewee was then handcuffed with his left hand to N, and
they were ordered to bark like dogs and crawl on hands and knees
for some 500 metres to the cells. The police followed the two, kicking
them all the way back to the cells. The police assaulted them with
sticks again as they got into the cells.
Overnight, there were 8 MDC supporters in the one
cell, lying without blankets on the concrete floor. They received
neither food nor water for the 20 hours they were in the cells.
The next morning at 11 am, the 8 were taken one at a time to the
Criminal Investigations Department (CID) offices. The interviewee
was asked which political party he supported and he claimed not
to support any, and was accused of lying; the police said they knew
he was an MDC supporter. The interviewee was beaten again with a
baton stick by a policeman who also put the interviewee's head between
his knees and hit him on the back with a fisted hand.
After further intimidation, including being forced to sing songs
and to sit in the sun, the 8 were released. They were told to remain
in the region of that business centre and never to go to outlying
rural areas, in case they were campaigning for MDC.
Present health and psychological observations
The interviewee reports pain in the chest, pelvic
area, left index finger, and soles of feet.
He further reports that since the assault 2 days ago and until the
morning of the day of examination, his urine has been red in colour.
He is lucid and gives a clear account, but is anxious and angry
about the assault on himself and his colleagues.
Physical findings
Torso: Some tenderness on palpation of left hypogastrium,
no guarding. Lower spine and both renal areas, left more so than
right, painful on percussion.
Left forearm: Dorsal aspect of left forearm: 6 cm long, curved uninterrupted
laceration. Superficial, clean, serrated.
Left index finger: Swollen, reduced mobility in middle and proximal
joints; 1 cm long, full thickness of skin laceration over lateral
aspect of middle joint, a clean, gaping wound; painful on movement.
Left and right wrists and forearms: Lacerations encircling both
wrists.
Soles of feet: Sensitive to touch.
Urine: Macroscopically clear.
Medical opinion
The statement of torture, the reported symptoms and
the clinical findings are consistent with one another. The lacerations
on the wrists are in accordance with the report of the interviewee
having been cut with a sharp instrument while face down in handcuffs,
and the tenderness in the renal area and lower spine is consistent
with beatings to the back (the history of blood in the urine ties
in with this, but it could not be found any more, on examination).
The sensitive soles are in accordance with beatings to them.
The aspect of lacerations, none of which are encrusted, is consistent
with a time frame of less than two day old lesions, and in accordance
with the history.
The clinical findings, in particular the open lesions, highly corroborate
the interviewee's story of torture.
Case B
Male MDC supporter assaulted by police together with
others, in a police station
Date of incident: 9 October 2002
Place of incident: Rural district business centre, Matabeleland
North
Date of interview: 11 October 2002
Personal history
Interviewee is a rural farmer in his thirties and
is an active MDC member.
Present violence
On Wednesday 9 October 2002 the interviewee reports
having spent the day at the local rural business centre looking
unsuccessfully for maize meal. At around 7 pm the interviewee was
met by 3 youth militia in civilian clothing. They are known to the
interviewee as they were operating in his area during the presidential
campaign - one name given. This named youth militia is referred
to as being now involved in selling grain at the local GMB depot.
They were not carrying any visible weapons, but were in the company
of a local Support Unit policeman in riot gear with a baton stick.
One of the militia blocked the interviewee's way and asked for his
ID card. He did not have it, but the named militia identified the
interviewee. The policeman poked the interviewee in the stomach
with his baton stick which was very painful.
The policeman accused the interviewee of being one
of those who whistle at the terminus at night and said he should
be taken to the police station [this is a reference to the fact
that MDC youth commonly blow whistles as part of their campaigning
strategy].
He was taken to a white twin cab, with "Zanu
PF" painted on it. He was ordered to sit in the back. The interviewee
recognized three people in the car - names given. They are known
to the interviewee as from Criminal Investigations Department (CID)
and from the police. They drove around for about 30 minutes, looking
for others, before meeting a police vehicle. In the vehicle there
were 3 policemen. There was also HM [client A], T, I, H, D and L.
They were handcuffed in twos while HM had his hands cuffed behind
his back. Both vehicles drove to the police station, where the men,
now numbering eight, were made to take off clothing and shoes and
were taken one at a time to a nearby store-room. This was almost
empty except for a baton stick and a sjambok which was used to beat
them.
Interviewee B was the third to go into the small
room. He was led by one policeman and found 2 others in the store
room, all wearing police uniforms. They made him lie face down on
the floor, and told him not to move while he was beaten. He was
then beaten with a sjambok, and later with a baton stick under both
feet and on his the back. The 3 policemen took turns at beating
him. The beating lasted for some 10 minutes. He was handcuffed throughout.
After the beating, he was put with the two others who had been beaten
earlier. They were ordered to bark like dogs. B reports being handcuffed
to A (see previous account) and being forced to crawl to the cells,
a distance of some 500 metres away. They were beaten with baton
sticks on their backs while on all fours all the way to the cells.
Before they opened the gates, the police ordered them to stand.
The police then slapped them once on the face, but if they ducked,
they got slapped again. The interviewee was slapped twice at the
same time. The police also hit them on the toes with baton sticks.
Eight men slept in one small cell without any blankets,
food or water. The interviewee states that he did not sleep that
night because of his pain, the cold weather and the hardness of
the floor.
In the morning, a policeman [named] told the interviewee
to produce an MDC card. The interviewee denied having an MDC card
or supporting the MDC. He was immediately contradicted by another
policeman [named] and a member of the Central Intelligence Organisation
(CIO). The latter slapped him on the face, accusing him of supporting
the MDC. The interviewee protested that he used to support the MDC
but did not do so any longer.
The policemen warned the interviewee that he should not be seen
with his co-accused and told him if he associated with those in
the MDC he would be shot or locked up for the rest of his life.
He was ordered to the Charge Office and from there was taken to
the same room where he had been assaulted on the previous night,
and he was once more assaulted on the back, 3 times. All those in
detention were then ordered to sing and sit in the sun, before finally
being released. On release they were issued another warning not
to support the MDC.
The interviewee reports that it took them a long
time to walk home as they were in great pain. He arrived at his
home after taking 3 hours to walk 4 km. His grandfather gave him
money to go to Bulawayo to get treatment.
Present health and psychological observations
The interviewee moves with discomfort and his feet
are sensitive when walking or standing. He reports pain on both
feet and on his back.
He furthermore reports insomnia and lack of appetite. He is anxious
and very angry about having been beaten for no reason.
Physical findings
Torso: No visible lacerations; darkening of skin
and sensitivity to touch in the lumbar region.
Left wrist: No lesion; sensitivity to touch.
Lower limbs
Left knee: Patchy abrasions (very superficial) below left knee.
1 cm x 1 cm scabbed lesion, just below tuberositas tibiae.
Right knee: Below tuberositas tibiae, 1.6 cm x 8 mm dry scab on
irregular lesion. Below right patella 5 cm x 5 cm dry scab on irregular
lesion.
Sole of left foot: Haematoma in stripes.
Sole of right foot: Endphalanx of second toe, plantar aspect, has
confluent haematoma in 3 stripes.
Distal and medial aspect of hallux, haematomata in stripes plus
one blow at base of hallux filled with blood. Skin over heads of
metatarsals I and II with blue discolouration. Towards the arch
of foot and heel a discoloration, almost circular, 5 mm in diameter.
Medical opinion
The statement of torture, the reported symptoms and
the clinical findings are all consistent with one another. The sensitivity
in the lumbar region is in accordance with having been beaten by
a blunt instrument. Sensitivity in the wrist is in accordance with
being forced to crawl while handcuffed to another, and the scabs
on the knees further corroborate this history.
The visible haematomata to the soles of both feet are highly corroborative
of beatings to the soles with a blunt instrument. The state of the
injuries is consistent with a time frame of less than two days since
trauma, in accordance with the history.
The clinical findings, in particular the haematomata of the feet,
place the interviewee's story of torture beyond reasonable doubt.
Opinion of cases A and B assessed together
The fact that two interviewees, interviewed and examined
separately from one another, gave close to identical accounts of
events, and revealed similar clinical findings, further corroborates
the claims of torture of multiple victims in the same police station,
in the same night.
Case C: Darlington Kadengu and eleven others
MDC campaign official involved in by-election to
elect a new Member of Parliament in Insiza district, shot in the
back by the Zanu-PF candidate, in a police station in front of police.
The victim and eleven others with him were subsequently charged
with "public violence", while the aggressors have remained
at large. The Zanu-PF candidate, who allegedly fired the gun, has
in fact since become the duly elected Zanu-PF Member of Parliament
for Insiza.
This incident has been well publicised and is now
a matter before the courts. The name of the injured campaign manager
and of some other individuals involved have therefore not been removed
from the account of events, although others have. The account of
events is extracted from 2 sworn affidavits, one of which was placed
before the High Court on 22nd October 2002 and is therefore a matter
of public record. This affidavit is by an eye witness to events
in Filabusi; the eye witness is an Alderman to the City of Bulawayo
of 11 years' standing. The other affidavit is by the surgeon who
operated on Darlington Kadengu. Photographs included were taken
by the operating surgeon.
Date of incident: 15 October 2002
Place of incident: Filabusi Police Station
Date of medical examination: 17 October 2002
Summary of eye witness account of the shooting:
full affidavit is available
On Tuesday 15 October a vehicle left Bulawayo heading
for Filabusi for MDC campaign purposes. The car contained posters,
t-shirts and Z$ 5 million in cash. Those in the car noticed they
were being followed by two other vehicles, one of which overtook
them and blocked their path about 7 km from the MDC campaign centre
in Insiza. Three occupants wielding guns disembarked from the front
vehicle [car model and registration given], and became threatening.
Those in the MDC campaign vehicle picked up stones, but realised
these would be useless against guns, and fled away from the road.
They observed the armed men removing all the campaign
material including the Z$5 million from their vehicle, load it into
their own vehicle and leave. The MDC officials returned to their
car and reported the theft at the nearest police station, who referred
them to Filabusi police station. They arrived there around midnight
and began making a report. One of those present recognised one of
the two vehicles that had been involved in the theft, which had
no number plates, passing by. People disembarked from this vehicle
and pulled down MDC campaign posters near the police station. The
police were informed that this was happening.
Three of the MDC campaign party trailed the car without
number plates, but then fled back to the police station, reporting
that they had been shot at. Within minutes, the same car without
number plates approached the police station at high speed and everybody
fled into the police Charge Office.
The Zanu-PF candidate, Andrew Langa, was witnessed
shooting the MDC official Darlington Kadengu in the back with a
gun, right in the police Charge Office and in front of the police.
An MDC election agent, Wilson Phiri, was assaulted in front of the
Officer-in-Charge by the Zanu-PF election agent, Mr Hove. The police
station erupted into chaos. Reinforcements were called in from other
police stations, and the police advised the MDC officials that they
should stay in police detention for their own safety: the Zanu-PF
group had proven ready to shoot somebody in the police station,
so any MDC official leaving the station that night could face a
sorry fate. The police spoke at length to those in the Zanu-PF campaign
group, but refused to speak to the MDC group. The shot and wounded
person was not allowed to leave the station overnight, but was transferred
the next day to Filabusi and then Gwanda hospitals.
In the morning on 16th, Andrew Langa returned and
warned the MDC officials against campaigning: the theft of materials
was simply a warning and worse would follow. Langa's group deflated
all tyres on the MDC campaign vehicles parked outside, and threatened
to burn the cars. They further threatened to "separate the
head from the neck" of the sworn witness. All threats and the
vandalism to the vehicles was in full view and hearing of police
officers.
When the MDC officials were advised that a docket
would be opened, they assumed this was a docket against Andrew Langa.
However, it became apparent that they themselves were the accused.
At 4 pm on the 16th, they were placed in police cells. At 11 pm
they were driven to Gwanda police station where they were verbally
harassed by police and then locked up in cells. On 17th October,
they were taken before Gwanda Court, paid bail and were released.
They were not advised of the charges they were facing and made no
warned and cautioned statement. Part of the bail conditions forbade
the accused, all of whom are key MDC officials, from returning to
Insiza, thus severely undermining MDC campaign activities ahead
of the by-election there on 26th and 27th October 2002.
Statement by the operating surgeon, including
his medical findings
"The Daily News reported on 17th October 2002
the wounding of MDC agent, Darlington Kadengu, apparently by the
Zanu-PF candidate, Andrew Langa, intent on shooting his way into
parliament. That this occurred within a police station, and the
victim was subsequently arrested is hardly credible.
Mr Kadengu was ferried from Filabusi via Gwanda
to Bulawayo, where he was noted to be in stable condition with no
neurological deficit, and no respiratory problems.
There was a 7 cm linear laceration on the
lower left back opposite the 10th rib.
An attempt had been made in Gwanda to extract
a shotgun pellet which was noted on anteroposterior and lateral
chest radiographs. These show the metallic foreign body, entirely
consistent with a shotgun pellet, lying just inferior to the left
10th rib approximately in its mid-portion.
No pneumo- or haemothorax is noted. Lung fields
are normal.
Following discussion with Mr Kadengu, it was
resolved to attempt to search for and extract the said foreign body,
with the reservation that sometimes this is either not possible
or would involve excessive dissection to be indicated.
Operation was carried out in the prone position
under lignocaine local anaesthesia, with added sedation using 10
mg medazolam intravenously. The wound was extended superiolaterally
by 5cm, after location of the position of the foreign body by the
radiographs available. No foreign body could, however, be palpated
in the position described.
Image intensification radiology in theatre
subsequently demonstrated that the foreign body was lying behind
the 10th rib inside the chest. Extraction would involve opening
the pleura, which was not considered justified. The wound was closed
in layers.
The condition of the patient post-operatively
was fully conscious, and haemodynamically stable, breathing quietly
on room air.
Attached are photographs taken in theatre of (a)
the wound, (b) the anteroposterior chest radiograph."
M.H.C, MA, MBBS, FRCS, FACS, FCS(ECSA).
Consultant Specialist Surgeon
| Photograph 5: the wound photographed
by the surgeon who subsequently operated on Case C. |
|
|
| |
| Photograph 6: the chest x-ray
of Case C, showing the metallic foreign body behind the 10th
rib. |
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| |
|
Case s D, E, and F
Assault of 3 civilians, 2 female, 1 male, in the
same vehicle at police road block, and then at a police station
Date of incident: 18 August 2002
Place of incident: Rural district in Matabeleland North, at road
block and police station
Date of interview/s: Interviewees D and E were examined briefly
on 20 August and in detail on 2 September 2002.
Interviewee F was examined on 28 August 2002.
Personal history
The 3 interviewees are husband, wife and sister-in-law.
They are office workers with tertiary education and are in their
forties.
Present violence
The interviewee E runs a rural business in addition
to his white collar work in town. He signed a lease with the Forestry
Commission for the use of the land for his store, and this lease
expired at the end of 2001. He continued to operate the store, until
the police brought it to his attention that he needed to renew the
lease. He was also fined $5,000.
On 18th August, E, together with his wife, his two
children aged 5 and 10, his sister and brother in law, and 2 other
men, went by E's vehicle to the local rural police station. E was
on his way to town and wished to pay his fine and anticipated no
problems in doing this.
However, when he entered the police station, another
sergeant was on duty, who became highly abusive of E. He said that
he wanted to imprison E, and fine him more money. He was also abusive
of E for not being able to speak Shona, but only Ndebele.
E argued with the police officer for a while, and
then decided to leave the police station and return to pay the fine
another day, when the previous officer was on duty. He got into
his vehicle and drove off, without hindrance. However, about 9km
further down the road, a police vehicle came rushing up behind them,
with sirens going, and forced them off the road nearly causing an
accident.
E stopped the car and while the engine was still
running, he, his wife and his sister and brother in law were dragged
out of the car and beaten. This was in front of the two small children,
aged 5 and 10, who cried in panic at seeing their parents assaulted
and forced into the police car.
The three were assaulted by 6 police officers, using
booted feet, fists and police batons. They were placed in handcuffs
and taken back to the police station in the police vehicle. Here
the assaults continued, in the Charge Office.
Case F, female, reported that the wives of the police
officers were in the station, and they cheered their husbands on
to beat them harder. Case D, female, reported the use of baton sticks,
booted feet and hands against her. She reported 3 baton sticks broke
across her body during the assault. She has suffered much pain over
the body for many days. Case E, husband of D, was similarly assaulted,
but not quite so seriously as his wife, and has suffered pains in
various parts of the body.
Case F, sister-in-law to D, was assaulted at the same time, and
reports blows to her head and body.
After the assaults, E was placed in a police cell meant for one
person, with 4 other men. They received no food and no water for
24 hours until their release. E was also denied his right to medical
attention and a lawyer, which he asked for.
D and F were placed in a guarded room for 24 hours.
They received no food, no medical or legal attention, although they
were able to draw water from a tap outside their room.
After release they received medical attention from the family practitioner.
Case D: wife of E
The interviewee was unable to submit to full examination
due to the severe pain and psychological discomfort in the immediate
wake of the assault, so was examined in detail 15 days after the
assault. She was examined briefly in her private practitioner's
room on 20th August. The injuries seen at this time were recorded
in more detail on 2nd September. The x-ray of the left hand was
seen on 20th August.
Present health and psychological observations
Lucid, fully orientated woman, giving a clear account.
However, speaking of the event and being examined is obviously traumatic
for her. While she wants her case recorded and wants prosecution
of those who beat her, she is very anxious and upset about the events.
She also expresses much anger and anxiety about the fact that her
two small children were forced to witness violence against her and
her husband, and that they then spent a terrifying day, not knowing
where their parents were or what had happened to them. She is concerned
that they might need counselling.
Physical findings
Head
Upper face: Linear bruise below left lower eyelid. Healing.
Jaws: Tender painful masseter muscles at both angles of jaws. Teeth
and jaws normal. Movement normal.
Chest: No visible injury on soft tissue. Some tenderness on breast
bone (manubrium). Tender on "springing" ribs.
Upper limbs
Right arm: Shoulder tip has diffuse, heavy bruise, about 5 cm x
4 cm, with poorly defined edge. At posterior lateral surface of
the upper third of right forearm, a healing, 1 cm x 5 cm oblique
bruise, and on posterior medial surface, a healing bruise, 2 cm
x 5 cm.
Left arm: At upper outer third of upper arm, a healing bruise, 6
cm x 8 cm.
Over radial head of left forearm, a D-shaped bruise, healing, 5
cm x 4 cm.
Left hand: In below-elbow plaster of paris cast at date of examination.
Seen on 20th August 2002 in the family doctor's room; then swollen
and tender along the hypothenar part of hand and painful, tender,
swollen base to 5th finger.
X-ray report of left hand: 20th August 2002
5th left proximal phalanx: Closed comminuted fracture (3 fragments),
not into joint. Good position.
5th left metacarpal: Simple closed fracture, good position.
X-ray film seen, examined and findings agreed with the family doctor's
on 20th August 2002.
Plaster of paris cast applied on 20th August 2002.
Lower limbs
Left buttock: Diffuse area of swelling and tenderness, centrally.
Bruising of skin and subcutaneous tissue, black in colour, irregular
edge.12 cm x 12 cm.
Right buttock: Skin bruise, 9 cm x 3 cm, with irregular edge; healing.
Left thigh: Anterior aspect, diffuse area of bruising of skin and
subcutaneous tissue. Irregular, ill-defined edge, about 10 cm x
15 cm. Laterally, bruising of skin, 2cm x14cm, black. Just above
knee, anterio-laterally, skin bruise, black, 10cm x 2cm.
Right thigh: 3 black/yellow bruises, 10 cm x 2 cm, 10 cm x 2 cm,
9 cm x 2 cm. On the outer mid-thigh, bruising, 5 cm x 5 cm, healing.
Medical opinion
The injuries and features observed and recorded above
are consistent with severe trauma to both arms, right shoulder,
left hand, both buttocks and both legs around the time indicated.
Heavy multiple blows with wide blunt instruments were likely used.
There is consistency between the description of severe ill treatment,
the described symptoms and the clinical findings. The lesions, markings
and tenderness are all compatible with two week old injuries, and
their high number and location are highly consistent with the statement
of assault.
Case E
Examined 2 weeks after assault, as his wife was not
ready to be examined prior to this.
Present health and psychological observations
Lucid, fully orientated man giving a clear account.
He expressed great concern for his wife who was more severely assaulted
than himself and was angry about the attack. He intends to press
legal charges against the police.
He also expressed much anger and anxiety about the
fact that her two small children had been forced to witness violence
against her and her husband, and that they had then spent a terrifying
day, not knowing where their parents were or what had happened to
them. He was concerned that they might need counselling.
Physical findings
Right shoulder and arm: A tender, boggy spot in the
supraspinatus area, ill defined. A few bruises on the ventral aspect
of the lower third of forearm. Small circumferential linear scar
(3 cm) of wrist.
Left hand: Tenderness of entire middle finger. 3rd metacarpal/proximal
phalangeal joint swollen. No evident fracture, full range of movement.
Right knee: Indurated, boggy, tender area in the popliteal fossa.
4 cm x 2 cm.
Left hip: Indurated, tender, swollen area of the subcutaneous fatty
tissue with ill defined edges, approximately 10 cm x 5 cm.
Medical opinion
Above injuries are consistent with blows to the body
(upper limbs, trunk and lower limbs). The marks on the right wrist
are consistent with having been handcuffed in the recent past.
There is full agreement between the timing and description of torture,
the described symptoms and the clinical findings. The injuries are
highly consistent with the statement of assault.
Case F: female, relative of D and E
Examined on 28 August 2002
Present health and psychological observations
The interviewee is experiencing some pain which is
slowly resolving at 10 days. She is generally quiet, with normal
affect. She is lucid and clearly concerned for the health of her
sister and brother-in-law.
Physical findings
Head
Scalp: Boggy area in left temporal region, roughly circular, difficult
to define beneath the hair, approximately 10 cm diameter. Slightly
tender.
Face: A healing linear bruise approximately 3 cm under the left
lower eyelid, slightly swollen. Not tender.
Back
Mid Back: In central lower neck and mid scapular region, fading
bruises, not swollen, not tender, ill- defined, covering about a
hand's breadth in area.
Left deltoid region: Heavy, irregular, resolving subcutaneous bruising
with black/yellow colouring; somewhat swollen, highly evident.
Left front thigh: Heavy oblique linear subcutaneous bruising with
black/yellow coloring. Swollen, approximately 5 cm wide x 12 cm
long, highly evident, resolving.
Medical opinion
The injuries are highly consistent with the given
history of heavy blows to the body with broad, blunt object some
10 days prior to this examination.
There is full agreement between the description of assault, the
described symptoms and the clinical findings.
Case s G and H
Two MDC youths assaulted by police after accusation
of theft
Date of incident: 1 August 2002
Place of incident: Rural district, Midlands Province
Date of interview: 23 August 2002
Personal history
Both interviewees are male, single, rural farmers
in their twenties.
Present violence
The interviewees were picked up by 2 Support Unit
policemen while at a funeral near their rural homes. The names of
the policemen are known to the interviewees. The police accused
the two of stealing some turkeys from a neighbour.
Interviewee G reports that he was kicked on the left front side
of his knee, and on the left side of his chest. He was furthermore
whipped on his back and on his left shoulder with the buckle of
a policeman's uniform belt. He was handcuffed by his right wrist
to his friend H's left wrist. The two were made to walk approximately
9 km from home to the Zimbabwe Republic Police (ZRP) station at
the rural business centre, accompanied by ZRP uniformed constables.
The police jerked them along the route, causing wrist injuries to
both handcuffed wrists.
Interviewee H reports being kicked with booted feet and beaten with
sticks on his back and chest, as well as having wrist injuries caused
by the handcuffs cutting into his wrist while being beaten and pulled
along. He also reports being forced to walk 9 km to the police station.
It is the perception of the interviewees that the beatings were
related to politics. This perception is based on the fact that when
the police beat them, they stated that the people of their area
were MDC and should be made to suffer. The two were released without
charges being laid against them, which they claim further points
to political harassment; if they had really been suspected of theft,
they should have been charged.
Case G
Present health and psychological
observations
The interviewee was examined 22 days after the reported
assault.
He reports pain in his left flank when working or bending, and chest
pain at night especially after heavy work (e.g., digging) or in
cloudy weather. He did not experience these pains prior to the assault.
He complains of constant pain in the right wrist and joint at night.
He also has a cough with white sputum, no haemoptysis.
He has normal affect, but is resentful of the assault and what he
perceives as its political motivation.
Physical findings
Back: 2 scars, both of similar size and shape. Left
shoulder tip: irregular, E-shaped, superficial scar, 3.5 x 10 cm.
Over left mid-scapular area, irregular, L-shaped scar 3.5 x10 cm.
Right Wrist: Moderate tenderness of distal radius and ulna. Linear,
healing, circumferential marks around a narrow part of wrist.
Left knee: Some superficial healing scars of the skin on patella
and at insertion of patellar ligament to tibia.
Medical opinion
The statement of assault, the reported symptoms and
the clinical findings are consistent with one another. The observed
injuries are in keeping with the given history of two blows to the
back and left shoulders with a sharp object and blunt trauma to
left knee. Abraded skin around wrist is in keeping with being beaten
and pulled in handcuffs. All injuries are at a stage of healing
consistent with injuries inflicted between 10 to 30 days prior to
examination.
Case H
Present health and psychological
observations
The interviewee was examined 22 days after the reported
assault.
He reports chest pains and pains all over the body when working
or walking. He claims this is from being kicked with booted feet.
He coughs up white sputum at times - no blood in sputum. He is free
of pain at night.
His left hand is painful when he is uses it. He has a deep pain
in the bones of his wrist.
His affect is normal and he reports no sleep problems or headaches.
Physical findings
Torso: Slight general tenderness on manual rib compression,
slight tenderness of lower breastbone (xiphisternum).
Left hand: Normal shape, movement and strength; no muscle wasting.
Normal sensation except for pricking intermittent pain from wrist
to fingers.
Left wrist: Healing linear scar, 7 cm long x between 0.8 and 1 cm
wide, around narrow part of the wrist - incomplete circumferential
scar. Slight tenderness of distal radius and ulna.
Medical opinion
The statement of assault, the reported symptoms and
the clinical findings are consistent with one another. The observed
injuries are in keeping with the given history of blunt trauma with
moderate force to the central chest. Abraded skin at left wrist
is in keeping with being beaten and pulled in handcuffs. All injuries
are at a stage of healing consistent with having been inflicted
between 10 to 30 days prior to examination.
Case J
Physical and psychological ill treatment of an NGO
project officer involved in civic education in M Province, by Zanu-PF
officials and war veterans
Date of incident: 10 September 2002
Place of incident: A communal living area in M Province
Date of interview: 13 September 2002
Personal History
Trainer in civic education for local NGO, middle
aged, female.
Present violence
The interviewee states that she was in a rural district
on 10 September 2002 where she was supposed to conduct a training
workshop for members of her NGO, dealing with constitutional rights.
There were 30 participants. At around 10.00 am, 2 trucks, one labelled
Zanu-PF and another written DDC (District Development Council),
arrived and then departed. One of the workshop conveners became
anxious, as he knows that NGOs are regarded with suspicion in rural
areas, and said the workshop should be ended and everyone should
leave at once.
The interviewee states that she proceeded shortly
thereafter to the main road some 3 km away, but there she was accosted
by a well known local war veteran called M and 2 others in a vehicle.
M insisted on the interviewee accompanying the 3 of them in their
vehicle, saying that she wanted to turn Zimbabwe into a colony and
that she was anti Zanu-PF. The interviewee was forced to accompany
the 3 to the Zanu-PF headquarters.
She was taken into an office where there was a bench,
a table and a chair. In the office she noticed MDC scarves and MDC
T-shirts, which she assumed had been confiscated. A man named H
and a middle aged woman interrogated her. H told her that she was
going to die and that her soft legs were going to turn black.
The register of participants, payment forms and the list of district
and local committee members was confiscated as well as the constitution,
leaflets and a notebook which had the names and phone numbers of
people that the interviewee had met. H demanded to know why the
interviewee was in that district. The interviewee was told that
Zimrights (Zimbabwe Human Rights), NCA (National Constitutional
Assembly), ZCTU (Zimbabwe Congress of Trade Unions) were anti-governmental
and that she was pro-MDC, but disguised as an NGO.
One of those present told the interviewee that she
should not be a heroine, because that would lead to her death. Twenty
four others came in and asked the interviewee the same questions
about her presence in the district.
She was taken to a place on a river bank, where she
was threatened with death. She reports seeing many footprints, human
faeces and blood coloured pools in the riverbed.
She was made to sit on a bench during the interrogation
and the back of her head was repeatedly banged against the wall
behind her.
One war veteran came with a plank that had nails
stuck on it and told the interviewee to put her feet on it. She
said that she was a diabetic and that any injuries would lead to
complications in healing. She had some relief from a SiNdebele speaking
person who dealt less harshly with her and gave some helpful advice
on how to respond. However, she was forced to stand on the plank,
but managed to do so with extra care and not to put a lot of pressure
on the nails. She had punctures to her feet, but there was no bleeding.
The 24 present forced her to sit with legs outstretched
and put cushions on her thighs. About five of them then started
treading on her thighs with booted feet. They told her the cushion
was to avoid leaving distinct marks on her skin. They were singing
"Hondo Yeminda" during the stamping. They did this for
several minutes. She reports that she felt nauseated, in addition
to her other physical pain.
On opening the flip chart that the interviewee was
using at the training centre they realized that she had written
"$31 000 for projects", and they accused her of campaigning
for the MDC. The interviewee told them that this was for projects
for people in that district and at that time they stopped harassing
her. They wanted to know how they could access the money and she
told them that if she survived, then they could get the money.
A police officer from the next office was called
in. His name is EZ [address given]. They then ordered the interviewee
to write a statement that they had taken her to Zanu-PF offices
and that they had not tortured her either mentally or physically
and that nothing had been taken from her. The interviewee signed
the statement together with one war veteran and the police officer
who also stamped the letter. The statement remained with the war
veterans.
The interviewee was escorted at around 3.00pm to
the local business centre, where she was forced to buy 4 litres
of opaque beer, soft dinks and food for about 20 war veterans.
The interviewee then boarded a taxi which had about
20 passengers in it. The war veterans also entered the bus and ordered
everyone to sing "Hondo Yeminda".
She reported her harassment at M Police Central,
but the police kept referring her to the next person and then the
next, because they felt the case was too sensitive. An inspector
M eventually opened a complaint (file number and crime report numbers
given). The following day the same inspector recorded statements
from her. On leaving the district, the interviewee noted that she
was being followed by a well-known Central Intelligence Organisation
(CIO) who is also a notorious war veteran, known for his violence
(car registration given).
The following day the interviewee visited her doctor,
who was scared to deal with her in view of a circulating document
which talks about the invasion of Ndebele homes and denying them
education in order to destroy them.
Present health and psychological observations
The interviewee feels pain and stiffness all over
the body, especially in the neck and arms. She reports some pain
in the abdomen. She states that she has a headache and painful eyes.
She further reports a stiff right jaw and discomfort on opening
her mouth. She has a painful bruise over the inner left arm over
the site of a "Norplant" insertion (contraceptive implant).
She has pain in the soles of her feet.
The interviewee is very angry and weepy and feels
that she has lost her identity. She feels violated. She also feels
very cold all the time, and reports that she is smoking too much.
She is wondering whether she is going mad. She reports that she
has loss of appetite, insomnia, and is very fearful; she keeps doors
and windows closed and locked, and believes the Shonas are going
to destroy the Ndebeles.
Past Medical History
Mild diabetes, managed by diet only for 30 years.
She has palpitations needing treatment. She is asthmatic.
Physical findings
Head: Extreme tenderness over the whole occipital
and occipito-parietal area. No wounds or break in the skin. Somewhat
boggy feeling subcutaneously. Very tender posterior neck muscles.
Face: Tender over the right jaw and cheek. Rest of face normal.
Left upper arm: A tender bruise over the upper mid medial surface
of the arm overlying the visible and palpable insertion scar (of
Norplant implant).
Right upper arm: Some slight muscle tenderness.
Thighs: Both anterior thighs slightly swollen and very tender to
palpation.
Right foot: On plantar aspect of 3rd and 4th toes, two punctate
marks over heads of proximal phalanges. All toes tender to palpation.
Left foot: Three punctate marks in the inner arch of the foot. A
shallow abrasion with subcutaneous bleeding over the first metatarso-phalangeal
joint. All toes tender to palpation.
Medical opinion
The injuries observed are consistent with blows to
back of head with blunt or plane object (consistent with head banging).
The observed tenderness of neck, arms and thighs is consistent with
pressure and rough handling. The observed punctate marks on the
feet are consistent with light pressure of sharp objects.
There is agreement between the description of physical
ill treatment, the described symptoms and the clinical findings.
The markings and tenderness are compatible with few days old injuries,
and are consistent with the statement of assault. The obvious psychological
trauma exhibited by the interviewee is a corroborative indicator
of the claimed psychological intimidation and assault.
Case K
Assault of MDC supporter by war veterans during rural
district council election campaign.
The same interviewee was a victim featured in the May PHR report:
this is his second political assault this year.
Date of incident: 6 September 2002
Place of incident: Rural district, Matabeleland North
Date of examination: 10 September 2002
Personal history
Elderly communal farmer, married, 5 children. He
was assaulted and had property destroyed in late March, in the wake
of the presidential elections this year.
Present violence
Interviewee states that on the 6th September around
2.00 pm, B came to his home and told him that there was a meeting
at S school to discuss who should stand as the Zanu-PF candidate
in the forthcoming council elections. There was some disagreement
over who the candidate should be, among the Zanu supporters present.
The meeting ended around 3 pm, and those present went to the shops.
The interviewee was having a beer, when M came to him and said people
wanted to see him (several names given).
The interviewee feared foul play, and indeed as he stood up, another
man, J, hit him in the face with the back of an axe. He sustained
two blows to the right temple with the blunt side of a metal axe.
He fainted for some time. While prone he thinks he sustained blows
to face with fists and boots. He knows and can name the perpetrators
(at least three from a crowd of 8 men).
When he regained awareness he heard the assailant saying that he
should be killed. The interviewee drew his knife and as he stood
up, he stabbed his attacker, who fled.
The police were called in and took the interviewee to N hospital
where he stayed for three days until the 9th of September 2002.
He was given painkillers at the hospital and was never seen by doctor.
He recognized his assailants as Zanu-Pf supporters. The interviewee
has been charged with assault because he stabbed one of his assailants.
His assailants have not been charged with assault of the interviewee.
Present health and psychological observations
The interviewee is lucid and gives a clear history;
he is fully oriented in time and space. He feels pain on the right
temporal region when opening his mouth during eating. The pain is
not getting worse. He also states that he has dizziness and headaches
at times. His vision is disturbed: he cannot see at all with the
right eye since the assault. He feels dizziness and has a staggering
gait which he says started after the beating incident. His sleep
is disturbed since the assault. He is very anxious about events,
in particular the pending assault case against him and the prospect
of jail. When talking about the current assault and the one a few
months ago, which included major property loss, he weeps openly.
He is bitter that he has had to pay such a heavy price for expressing
his preference for another political party.
Physical findings
Face
Right eye: Subconjunctival bleeding and bleeding into anterior chamber
of eye. Pupil not seen (possible iris damage). Vision: light detection
only.
Left eye: Reduced vision (Snellen's chart 6/18)
Right temple: A boggy area above right ear with ill-defined edges,
about 10 cm in diameter, somewhat tender. Skin intact.
Above right eye: Diagonally through eyebrow, a contused laceration,
irregular edge, un-sutured. Partial thickness, 3 cm long. Early
healing.
Right cheek close to ear: 2 lesions forming a linear irregular wound,
partial thickness of skin, 2 cm long. Early healing.
Right nostril: Encrusted lesion, 4 mm x 2 mm, and un-encrusted lesion,
2 mm x 5 mm along rim of right nostril.
Mouth: Whole upper lip swollen, marked bruising evident. Left of
centre on upper lip: contused area with lesion, 2 cm x 1 cm, partially
encrusted.
Central nervous system: Somewhat slow speech. Walking with staggering
gait, without loss of balance.No localizing signs. All reflexes
intact and equal. Full power in all four limbs. Cranial nerves intact
except for right eye.
Old injuries noted: Loss of tip of right middle finger. Healed scar
across back of left hand near heads of metaracarpals 2,3 and 4.
A linear, oblique healed scar on antero-medial aspect of right knee,
4 cm x 1 cm. Left knee: A few small healed skin scars. No related
disability.
Intervention
Patient referred as an emergency to an Eye Unit for
urgent treatment by ophthalmologist. Final assessment of disability
can only be given when the condition/s stabilize.
Medical opinion
Fresh injuries are consistent with history of trauma
to head, right eye and face, with blunt rough object, using moderate
force some 4 to 7 days prior to examination. There is full agreement
between the description of ill treatment, the described symptoms
and the clinical findings. The lesions on right eye, nose and upper
lip are in a straight line with each other, consistent with one
heavy blow across face with a heavy blunt object.
Fresh lesions, markings and tenderness are all compatible with few
days old injuries, and their location and linearity are highly consistent
with the statement of assault.
Ophthalmologist's report and follow up for several weeks after the
injury shows poor prognosis for the right eye, which seems unlikely
to regain any vision as a result of damage to the retina. The patient
may also have suffered damage to the brain.
Case L
Assault on MDC Rural District Council candidate on
nomination day, Matabeleland North.
Date of incident: 5 September 2002
Place of incident: Outside one Rural District Council nominations
court in Matabeleland North
Date of interview: 11 September 2002
Personal History
Married, with 3 surviving children. A retired man
now residing in rural areas. Standard five level of education. Former
Zapu supporter who joined MDC in 1999.
Present violence
On the 5th September at about 11am the interviewee
arrived at the N Rural District Council offices in order to register
his nomination as a candidate in the rural district council elections.
Mr K, the Zanu-PF councillor, insulted the interviewee, saying "the
dogs have arrived, dogs that support whites. But now that we are
here, they shiver, look at them." LT, a war veteran, came and
said, "this is a white man's dog."
"Msathanyoko, Msunukanyoko, awulanqondo" (he insulted
the interviewee, calling him by his mother's private parts).
At 20.00 hours on 5th September the interviewee finally
left the nominations court, having registered his intention to stand
for election. By the door, councillor K grabbed him by the collar
and some Zanu-PF supporters held him from behind. The interviewee
saw Mr LT approach from the side, and assault him on the head. He
noted LT was carrying a stone. LT hit him again and he fell down
with blood oozing from his head. Mr K then kicked the prone interviewee
in the stomach, hips and back. This took place right outside the
Nominations Court.
Before they could beat the interviewee further, two police officers
who were accompanying the Registrar in charge of the Nominations
Court came over towards the scene of the attack. The assailants
then fled. The police took the interviewee in an MDC vehicle to
hospital where he received five stitches. On the 6th he returned
to N hospital, a medical report was made and handed over to him.
He proceeded to the N police station where a docket was opened.
The police said they were going to inform the interviewee about
the court date. The doctor's report is in the hands of the police,
attached to the docket.
On the 7th the interviewee went to M clinic where
he was informed that Zanu-PF youth were looking for him to further
assault him under the instructions of Mr K. The interviewee was
further told that one of his neighbours had been beaten, and the
local kraalhead had been threatened. These assaults and threats
are the latest in a longstanding attack on traditional leaders perceived
not to support Zanu-PF. According to the interviewee, the traditional
leadership, which operates on a system of inheritance over generations,
has been "dismissed" and replaced with a selected committee
of political structure under Zanu-PF, revised every three months.
He gave the names of 4 suspended traditional leaders, "dismissed'
in July. 4 Zanu-PF supporters have been appointed in their place
and are in charge of all activities which normally fall under the
traditional leadership. Their main activity is to distribute maize
and "money for work". The local chief has condemned this
suspension of the kraalheads, but in vain.
Present health and psychological observations
The interviewee is a lucid man in good general health.
He is very angry about the treatment he has received and became
agitated when relating his story. He is nervous about the possibility
of further assault, and concerned about how he can conduct an election
campaign in such an atmosphere.
Physical findings
Head
Left temple: A shaved area just above the ear, about 15cm in diameter,
with overlying gauze dressing. 2 wounds
i. Horizontal, 5 cm long, irregular edged wound with surrounding
contusion. Sutured with nylon (5 stitches), dressed with Gentian
Violet, healing.
ii. Vertical oblique, 2 cm long contused wound, partial thickness
of skin, 4 cm posterior to first wound.
Left hip: A diffuse area of moderately swollen skin and subcutaneous
tissue over central area of the hipbone (ilium), ill defined margins,
approximately 12 cm diameter. Movement in both hips normal.
Medical opinion:
There is full agreement between the description of
torture, the described symptoms and the clinical findings. The position
of the lesions on the head and their severity highly corroborate
the description of assault, indicating:
i. Blows (at least two) to head with blunt, moderately heavy object
using moderate force.
ii. Blow or blows to left hip with moderately heavy object, using
moderate force.
Case M
Assault of wife of elected MDC rural district councillor
in Matabeleland North
Date of incident: 12 October 2002
Place of incident: Rural home in Matabeleland North
Date of interview: 22 October 2002
Personal History
Community health worker, married with 3 children.
Secretary for local branch of MDC.
Present violence
On 29th September 2002, her husband won the position
of elected councillor for his ward in the RDC elections. He won
his seat and she states that Zanu-PF were very angry about this.
On 12th October 2002 she was outside her house washing, when she
was attacked by a group estimated at 200 men and women. They were
Zanu-PF district members with militia and local people.
Their group also assaulted her husband (Case Z )
who came out when she called for help. She was struck on the head,
right elbow and the front of the chest and back. Stones, iron bars,
knobkerries, logs and fists were used. She had some treatment at
the local clinic (clinic records not seen).
The crowd also seriously vandalised the house, breaking
24 window panes and 3 metal doors.
A TV set, kitchenware, and blankets were destroyed. Radio cassettes,
food (maize meal and sugar) and money (estimated $5 to 6000) were
looted.
Present health and psychological observations
The interviewee is lucid and articulate. She reports
that she has headaches, insomnia, and some difficulty in breathing,
but no cough. Other functions normal. She has been a well person,
never previously seriously ill.
She becomes nervous when relating the story, and frequently covers
her face with her hands. She also shows anxiety and stress when
listening to her husband relating his story, and reports that she
was preoccupied throughout the attack on herself with fears that
her husband would be killed. She and her husband are still afraid
to return to their home, for fear of further attacks, although they
are determined to do so in order to fulfil their commitments to
the constituency.
She is also very angry about the deliberate destruction of their
material possessions, in particular the television, which is considered
irreplaceable.
Physical findings
Head: Sutured elliptical laceration, 3 cm long (3
stitches) in right occipital region of head. Semi-encrusted lesion,
1 cm x 3 mm, approximately 5 cm behind sutured lesion. Entire skull
sensitive to touch.
Neck and upper chest: Multiple linear markings, from 7 cm to 1 cm
in length and approximately 2 - 3 mm wide.
Chest: Clinically clear. Tender and spongy ribs. Central left chest:
4 cm long laceration, shallow, healing well, partial thickness (not
sutured).
Right arm: Full thickness of skin elliptical laceration, 3 cm long,
sutured with 3 stitches, over point of right elbow. Elbow very sensitive
to touch. Multiple linear markings both above and below elbow, the
longest being 15 cm long, with 3 others approximately 10 cm in length.
All are approximately 2 mm wide.
Left arm: Wrist is tender, but no evidence of fracture. 2 linear
markings, approximately 5 cm in length and 2 mm wide, above the
elbow.
Back: Distinctive, half-moon shaped wound, consisting of 7 cm long
semi-circular lesion, with 3 cm long vertical lesion off lower end,
at level of 4th thoracic vertebra. Partial thickness, healing. Left
middle back, one further lesion, depigmented, 3 cm by 2 cm, irregular
in shape. 10 linear markings spread all over back, horizontally
and diagonally, the longest being 30 cm, the shortest being 5 cm,
and all between 2 and 5 mm wide.
Tender muscles of thighs and lower back, minor linear markings.
Knees: Irregular grazes. On left knee, one lesion approximately
2 cm long, 5 mm wide, with some subcutaneous tender bogginess.
Medical opinion
The injuries seen are consistent with blows to the
trunk and arms with blunt rough objects. The circular wound on the
back could be due to a thrust with a circular object (a pipe for
example). The injury to the left knee could be due to blows with
rough blunt objects or fall on to rough surface.
There is consistency between the description of torture, the described
symptoms and the clinical findings. The lesions, markings and tenderness
are all compatible with few days old injuries, and their high number,
location and linearity, are highly consistent with the statement
of torture.
Case N
Assault of elected MDC Rural District Councillor
in Matabeleland North
Date of incident: 12 October 2002
Place of incident: Rural home in Matabeleland North
Date of interview: 22 October 2002
Personal History
Middle aged male, self employed, married with 3 children.
MDC councillor elected on 29th September 2002 in Rural District
Council elections.
Present violence
On 29th September 2002, the interviewee won the position
of elected councillor for his ward in the Rural District Council
elections. He stood for the MDC, and Zanu-PF was very angry that
he won this seat.
On 12th October 2002 at 14.00 hours, he was attacked
by a group of (estimated) 200-300 Zanu-PF district members with
militia and local people (some known to him; names recorded). They
subjected him to challenges and insults of political nature. He
was subjected to unprovoked attack as he left his house to answer
the call of his wife EM, who was attacked first while she was washing
plates outside.
He was taken some metres away to a thicket where stones, iron bars,
knobkerries, logs and fist were used to beat his head, left arm
and back. The assault, in the interviewee's assessment, lasted about
1 ½ hours.
He fainted and thinks he was left for dead. He was revived by a
passer-by throwing water on him and was taken to the nearby clinic.
He had his head wounds sutured and was transferred from the clinic
to the nearest hospital. His left arm and hand were x-rayed, and
he was told he had two broken bones in his left arm (medical records
not available at the time of examination).
Present health and psychological observations
The interviewee is a lucid man, giving a clear history.
He is slightly anxious, also at times angry, but controlled.
He reports aches and pains all over the body, and a temporary darkening
in the colour of his urine. He has pain in his right eye and reports
some dimming of vision. He has had no serious illnesses prior to
the assault.
His sleep is disturbed by his physical discomfort and disturbing
thoughts of his experience. His physical injuries also mean that
in his assessment, he is not able to do a full-time job.
He is deeply concerned about the damage to his house (see Case Y
for inventory of losses) and states the losses are irreplaceable.
He is also anxious about the fact that his inability to work means
loss of income, as does the fact that he is currently not feeling
safe enough to return to his home area. He is unhappy about being
away and has a strong sense of commitment to his constituency.
The interviewee is anxious and angry about having had death threats,
and is very obviously deeply concerned about his wife and the assaults
on her. He was witness to part of his wife's beating and resents
that he could not save her from it.
Physical findings
Head
Eyes: Right eye ball normal, pupil normal, infected right conjunctiva,
possible early cataract. Left eye normal.
Ears: Old healed perforation in left eardrum; right ear normal.
Top of head: Healing irregular lacerations in left parietal, central,
right parietal, and temporal areas, all approx 3 cm in length. Some
bogginess in the subcutaneous tissue. All evidently treated.
Back: Small punctate healing wounds, on left back in posterior axillary
line at level of 6th rib, and in nape of the neck.
Chest: Normal auscultation, but tender on springing ribs.
Right arm: 4 cm long, full thickness laceration over the head of
the ulna, healing well.
Left arm: In below-elbow plaster cast; index finger dressed in a
light plaster cylinder.
Medical opinion
There is full agreement between the description of
torture, the described symptoms and the clinical findings. The possibility
of visual loss, loss of function and disability in the use of his
left forearm and index finger exists. The final outcome can be established
in or after 3 months. The lesions, markings and tenderness on the
head, left arm and trunk, are all compatible with ten day old injuries,
and their location and appearance are highly consistent with the
statement of assault, placing his given history beyond reasonable
doubt.
6.2 Quantitative evaluation
of clinical cases
Reported motive for attack:
In 9 out of 13 cases, the reported motive for attack was the victim's
real or supposed affiliation to the MDC.
In 4 of the above 9 cases, the motive for attack was that the interviewee
is an official representative of the MDC: in one of these 4 cases,
the victim was an official involved in election campaigning, and
in 3 cases, they were candidates or office bearers for Rural District
Council structures.
In 5 of the above 9 cases, ordinary affiliation with the MDC was
the motive of attack.
In 1 further case, the interviewee is employed in civil society
and was on these grounds accused of being part of the MDC
In this and three other cases, the motive for attack was reported
as being partially on the grounds that the victims were Ndebele
and did not speak Shona.
Reported perpetrators:
In all cases, either government officials or groups affiliated to
the present government were held responsible for the violations;
in many cases, perpetrators were from more than one group.
In 7 cases the police force and /or Police Internal Security Intelligence
Unit (PISI) and /or CIO were implicated in the assaults.
In 6 cases, "war veterans" were implicated in the assaults.
In 4 cases, youth militia were implicated in the assaults.
In 3 cases, Zanu-PF officials were implicated in the assaults.
In 3 cases, Zanu-PF supporters not already covered by one of the
above categories were implicated in the assaults.
In every single case, the actual names of at least some of the perpetrators
were known to the victims, including the names of police officials
implicated.
In 6 cases, those involved in perpetrating the attacks are villagers
from the same community as the victims.
Time period of attacks:
5 cases occurred in August 2002 and were not directly linked to
election campaigns.
3 cases occurred in September 2002 and were reported as being linked
to the Rural District Council election campaign.
4 cases occurred in October 2002 in the immediate period after the
Rural District Council elections and were reported as directly linked
to the election outcome.
1 case occurred in late October 2002 and was directly linked to
the by-election campaign for a new Member of Parliament in Insiza
District.
Location of incidents:
The incidents involved 3 provinces, Matabeleland North, Matabeleland
South and Midlands. All assaults took place in rural districts.
In 6 cases, the assaults took place in a police station.
In 1 case, the assault took place in a Zanu-PF office.
In 4 cases, the assaults took place in a public, well-witnessed
setting.
In 2 cases, the assaults took place in the victims' homestead, in
a well witnessed setting.
Loss of property:
2 interviewees who are married, reported extensive damage to their
home including 24 smashed windows and 3 broken doors. They also
reported the damage or loss of household property including their
television set, blankets, food and money.
In 1 case, MDC election material and Z$5 million was stolen.
In 1 case, civic education material was stolen.
Type of reported torture:
12 cases reported beating of some kind.
1 reported being shot with a pellet gun.
10 reported assaults with booted feet.
6 reported beatings while wearing handcuffs.
9 reported beatings with police batons or wooden sticks.
5 reported assaults with sharp objects, including a police belt
buckle, and an axe.
2 reported deprivation of food and water for one day.
4 reported delay in access to health care, one after being shot.
Attitude of the police:
In 7 out of 13 cases, the police were reported as playing a primary
role in the torture.
In 5 of these 7 cases, these assaults by police took place in a
police station.
In 2 cases, the victims were assaulted in a public context by the
police.
In 1 further case, the victim was assaulted by a Zanu-PF official
inside a police station, in the presence of the police.
In 1 further case, the victim was assaulted in a Zanu-PF office
adjacent to a police station, and with the knowledge of the police.
In 5 of the above 9 cases, charges were actually
laid by the police against the victims, rather than against the
perpetrators (which included themselves). In the remaining 4 cases,
the victims were threatened with being charged in the future, if
they continued to support the MDC, but were released without charge,
and without being able to lay charges against their perpetrators.
In the 4 other cases, victims were assaulted by government
supporters.
In 1 case, the assault took place in the presence of the police
in front of Rural District Council offices. The police intervened
to prevent further assault, and accompanied the victim to the clinic.
In 1 case, where the interviewee was attacked and subsequently assaulted
his attackers, the police took him to hospital and opened a case
against the interviewee, but not against those who had hit him with
an axe.
In the 2 remaining cases, the interviewees were unable to persuade
the police to open a case against their attackers in the immediate
aftermath of the attack, but have the intention of trying to press
charges.
In none of the above 13 cases, was an actual perpetrator
arrested or charged.
Clinical assessment of the validity of statements:
Testimonies were assessed by comparing history of torture with ensuing
symptoms and clinical findings.
All 13 cases fulfil the UN criteria for torture.
In all 13 cases the clinical findings placed the victims' testimonies
beyond reasonable doubt.
6.3 Conclusions
The physical findings in all 13 cases are
consistent with the allegations of the time and methods of torture
suffered, and the symptoms described by the interviewees. Our examinations
lead us to conclude that the interviewees' stories of torture and
ill treatment as related to us are true.
Our investigations show beyond any reasonable
doubt that in the second half of 2002, politically motivated torture
continues to take place in Zimbabwe.
Groups affiliated to the Government commit
torture and ill-treatment, as indicated consistently by all cases
examined in our series.
The extremely high number of cases - 7 out
of 13 - in which police officers are indicated as perpetrators,
supports the assertion by other commentators that there is an increase
in torture perpetrated by the police.
The fact that all individuals were tortured
or ill treated for political motives, and the fact that no prosecutions
against perpetrators have been made in any of the cases, points
to a deliberate policy by the authorities.
The pattern of impunity is further underlined
by the fact that perpetrators do not care whether they torture people
who can identify them, or whether their torture or ill treatment
leaves marks that can easily be recognised as caused by torture.
Our findings are in complete agreement with
the findings of both the January and May 2002 missions, and with
the descriptions of recent cases given by other observers.
7. Corroboration
of findings by other organisations
International
Amnesty International: AI has continued to produce
regular statements and Urgent Actions, expressing their deep concern
about the continued abuse of human rights in Zimbabwe, and the repression
of human rights activists and civil society.
Amnesty International (AI), Zimbabwe: Political violence intensifies
ahead of September local elections, 8 August 2002. AI, Zimbabwe:
government authorities intensify their campaign to silence dissent,
2 September 2002. AI, Zimbabwe: orchestrated campaign targeting
opposition intensifies in the run up to local elections, 11 September
2002. AI, Zimbabwe: violence mars rural district council elections,
1 October 2002. AI, Zimbabwe: Appeal to President Mbeki on African
Day of Human and Peoples' Rights, 21 October 2002. AI, Zimbabwe:
Government steps up harassment of human rights defenders, 16 November
2002
International Crisis Group: Zimbabwe: the politics
of national liberation and internal division.
17 October 2002, Harare and Brussels
Lawyers Committee for Human Rights, New York, Independent
lawyers and judges targeted in Zimbabwe, statement 22 August 2002.
Rehabilitation and Research Centre for Torture Victims:
an independent international organization based in Denmark, with
17 years' experience in treatment of torture survivors. In February
2001, they released a report on election violence linked to a by-election
in Zimbabwe in January 2001.
International Rehabilitation Council for Torture
Survivors (IRCT): this is an independent, international health professional
organization, which promotes and supports the rehabilitation of
torture victims and works for the prevention of torture worldwide.
They have produced their objective findings in two reports, in May
2000 and in June 2001.
National
Zimbabwe Human Rights NGO Forum: Violence monitoring:
a forum of Zimbabwean, Harare-based NGOs that have monitored the
violence systematically and have produced systematic reports on
abuses in the country.
Food Security network (FOSENET): Community assessment
of the food situation in Zimbabwe, August-September, October monthly
reports, Harare.
8. Annexes to report
Annex 1:
Affidavit by Q, on burning of homestead
I, The undersigned Q, ID number XX do hereby make
oath and state that:
1
I am unemployed and I reside at number 222, YY suburb in Bulawayo.
2 I
am legally married to L with whom I have five minor children, though
I have got other children born from
my first wife.
3 On
18 October 2002 while I was at my home in YY, my wife arrived from
my rural home.
4 On
her arrival she advised that my homestead has been burnt down.
5 My
wife advised that on 17 October 2002, three men whom I believed
to be war veterans came to my home
and asked for her MDC party card.
6 My
wife enquired as to why they needed the membership card.
7 The
three men then proceeded to burn down my bedroom which is attached
to the lounge, the girls bedroom,
and all the moveable property worth about $800,000 was destroyed.
On
19 October I travelled to my rural area to evaluate the damage.
8 I
have not reported the matter to the Police as I am afraid of the
repercussions.
9 I
need to report the matter, but I have difficulty as I have been
subjected to torture in the past.
10 The perpetrators
whom I can identify were one M and two other War Veterans who illegally
settled themselves at a nearby farm owned by one G who has since
left.
11 Currently I
am a member of the MDC and I campaigned for the MDC before the Rural
Council Elections held on the 28th and 29th September 2002.
The facts stated above are to my best knowledge,
information and belief true and correct.
This is done at Bulawayo this
day
of October 2002.
Signed: Q
Commissioner of Oaths: BB
Annex 2:
Nkayi: documentation of food abuse
The notes are included here in full (hand written
originals in authors' possession):
Nkayi RDC
P. O. Box 20
Nkayi
19 March 2002
Beloved Councillor M
Congratulations man for winning against Tshombe and
his whites. I saw Mr N that you sent in connection with the case
of the sellouts from S, N and his whole family from S. Listen handsome
guy here at YY we will have party celebrations on Saturday at the
clinic. ZANU PF is celebrating its victory in the last elections.
We invite you and your youth that you mentioned. I think we still
need to meet the elders (you and me), because these people have
clearly demonstrated that they don't want land, even the size of
their fields should be really reduced. They should go stay with
their whites and their Tsvangirai. Food for work money should be
paid to ZANU PF people. [author's underlining]
Yours who will die for Zanu-PF.
Councillor LN
People who are supposed to be watched in the party
1. G N's mother - BN
2. Miss P's mother
3. M
4. In jail (prison) the guards were accused of treating Mr B nicely
5. There are three people who are said to have been thrown into
a dip tank with their hands tied to their backs. This was said by
RM who is in jail. He alleges that the person who committed the
crime was K.
[NOTE ENDS]
Note accompanying list from: ward F
"These names are for people who have not been
assisted because they belong to MDC.
We have been labelled duikers [small antelope easy to hunt and kill],
we don't receive anything from the present government since pre-elections
up to now. We are not allowed to join "food for work"
programmes as we are said to go to our father MDC and get fed there."
Note accompanying list from: ward I
"The names listed below are for people who have
worked in the "food for work" programme but have not been
paid. Even if grain from GMB comes we are not allowed to buy because
we are supporters of MDC. We are also living in a tough situation
because the Zanu-PF youths have come back to their bases although
we have not observed what they are actually doing. The payments
and the grain is manned by the war veterans and the Zanu-PF party
personnel who state that we cannot benefit from anything from the
government."
Number of names on lists:
Adults: 1,114
Family members indicated: 211 (only a few lists include numbers
of dependants)
Children indicated: 112 (only a few lists include children per family)
3 children chased from school by war veterans are
also mentioned.
The numbers are not comprehensive as most lists do
not indicate number of dependants in affected families, which is
why number of children is so low. Obviously, lists only cover those
families the informant knows about.
By Ward:
Ward A: 23 adults (food)
3 children (chased from school by war veterans)
Ward B: 181 adults
Ward C: 103 adults, 14 youths
Ward D: 144 adults
Ward E: 16 adults
Ward F: 92 adults (explanatory note)
WardG: 49 adults
Ward H: 37 adults
Ward I: 185 adults (explanatory note)
Ward K: 27 adults, 6 "youth"
Ward L: 31 adults, 129 family members,
11 disabled adults, 34 family members
Ward M: 58 adults worked for FFW but were not paid
Ward N: 34 adults, 12 children - FFW denied
Ward O: 6 adults, 48 family members
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Photograph 7: Case
L, MDC candidate allegedly attacked by war veterans on leaving
the Rural district Council nomination courts in September.
Two lesions on crown of head, reportedly caused by blows with
stones. Findings in complete agreement with this.
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PHYSICIANS FOR HUMAN RIGHTS DENMARK
We are an independent group of Danish medical doctors (founded 1990)
whose goal is to bring the skills of the medical profession to the
protection of human rights. Members of PHR-DK have participated
(in some cases as consultants to other NGOs) in fact finding missions
to several countries such as Israel and The Occupied Territories,
Chile, El Salvador, Guatemala, Venezuela, Turkey, Northern Ireland,
Cyprus, Kuwait, Kenya, Romania, Uruguay, Lithuania, Latvia, Pakistani
and Indian held Kashmir, Sri Lanka, Mexico, Nepal, Croatia, Bosnia,
Thailand, The Philippines, Punjab, Kosova, Jamaica, and Zimbabwe.
PHR-DK co-operates with several other human rights organisations,
notably IFHHRO (International Federation of Health and Human Rights
Organizations).
DOCUMENTATION OF TORTURE
This has been the purpose of all our missions. Mainly
done by interviews with and medical examinations of torture victims,
dead or alive.
We have, from time to time, co-operated with several
NGOs in- and outside the countries in which we have worked, notably
Physicians for Human Rights/USA (Health Care Situation in Kuwait
during the Iraqi occupation), Human Rights Watch Asia (Kashmir),
PHR/UK (investigation of long-term effects of acoustic shocks used
by Soviet elite soldiers OMON during uprising in Lithuania), , FAST
(Families Against State Terrorism, Jamaica), CCFS, CIFA (Centre
for International Forensic Assistance), several NGOs in Israel and
Occupied Territories (autopsies of Palestinians who died in Shabak
custody), and OSCE (Kosova).
Examples of missions: Four fact finding missions
to both Pakistani and Indian held Kashmir.
Fact finding missions to Thailand (Burmese refugees) and to Punjab.
A recent case (March 2002) was an investigation in Jamaica: seven
young men had been shot dead by local special police ("Crime
Management Unit"). A Danish forensic specialist observed the
seven autopsies in Kingston and concluded that the cause of death
was multiple gun shots and the manner of death homicide.
July 2000: fact finding mission to Mexico where two non-violent
AmerIndian environmental activists were examined while in prison.
Conclusion: the two AmerIndians, Rodolfo Montiel Flores and Teodoro
Cabrera Garcia, had suffered severe torture carried out by the army.
They were released after the Foreign Ministry of Mexico contacted
PHR/DK to have some information confirmed.
January and May 2002: members of PHR/DK visited Zimbabwe and documented
after-effects of severe physical torture: flogging with barbed wire
leaving typical, absolutely unequivocal wounds.
Secretary: Olav M. Vedel, M.D.
Volshojvej 12, DK 8240 Risskov, Denmark
TEL + 45 86 21 07 40 Cellphone + 45 26 20 07 41
E-mail: omv@dadlnet.dk
Previous reports by PHR-DK on human rights violations
in Zimbabwe are available at: www.phrusa.org/healthrights/phr_denmark.html
"We would be better off with only six million
people*, with our own people
who support the liberation struggle. We don't want all these extra
people".
Didymus Mutasa: Zanu-PF Organising Secretary,
10th August 2002
*Zimbabwe has a
population of 13 million
"By December, we estimate
that 6.7 million Zimbabweans will be in need of food aid, but so
far we only have food for 3.9 million
Food is coming in but it
is not coming in fast enough
Within two months many more
people will be hungry. We are looking at the possibility of major
famine, major death. And yet the government is still obstructing
food deliveries. I don't know why they are doing it at this point.
They are hurting their own people
Government officials confirmed
to me that they will not allow those non-governmental organisations
to distribute food aid for political reasons, because the government
views them as loyal to the opposition party. I said that is unacceptable.
They are major international organisations with fine reputations
for non-partisan activity."
Tony Hall: US representative to the UN Food and Agriculture
Organisation,
commenting on the closure of donor feeding schemes in Binga; cited
in The Guardian, UK, 17 October 2002.
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