Judge defers hearing of abductees case

By Violet Gonda
8 June 2009

A High Court Judge, Justice Tendai Uchena, deferred the hearing of the first group of abductees on Monday, following a petition by the defence team to refer their clients case to the Constitutional Court because their rights were violated. Justice Uchena will hear the matter on Tuesday. The matter was deferred after the Attorney General’s office requested more time to go through the application by the defence team. The four abductees are Concillia Chinanzvavana, Fidelis Chiramba, Violet Mupfuranhewe and Collen Mutemagawu

A statement by the Zimbabwe Lawyers for Human Rights (ZLHR) said: “The abductees’ lawyers filed an application for the matter to be referred to the Constitutional Court so that it can determine whether or not the abductees’ abduction/ kidnapping constituted unlawful deprivation of liberty in violation of Section 13 (1) of the Constitution of Zimbabwe.”

“The lawyers also want the Supreme Court to determine whether or not the torture of the abductees constitutes inhuman and degrading treatment in violation of section 15 (1) of the Constitution of Zimbabwe.”

They also want the Supreme Court to determine whether or not the abductees can be compelled to go on trial in circumstances where their appearance at court was facilitated by a criminal act of kidnapping or abduction sanctioned by the State.

The ZLHR said the filing of the application for a referral to the Constitutional Court could effectively delay the commencement of the trial of the four abductees. They are accused of plotting to overthrow the Mugabe regime.

Two other groups of abductees are expected to appear in court in the near future.