29 June 2009

Abductees Trial Diary

LAWYERS PETITION HIGH COURT TO REFER ABDUCTEES’ RIGHTS VIOLATIONS TO THE SUPREME COURT FOR DETERMINATION

High Court Judge, Justice Charles Hungwe on Monday 29 June 2009 deferred to Wednesday 01 July 2009 an application for referral of the matter involving seven abductees to the Supreme Court, to allow the State to prepare its opposing papers.

Chris Mutangadura of the Attorney General’s Office asked Justice Hungwe to postpone the matter to enable the State to prepare its papers to oppose an application for referral of the matter to the Supreme Court, which had been filed by defence lawyers.

The seven whose trial was scheduled to commence on Monday 29 June 2009 but was shelved after the defence lawyers petitioned the High Court to refer the matter to the Supreme Court include Movement for Democratic Change (MDC) members Kisimusi Dhlamini, Gandhi Mudzingwa, Regis Mujeyi, Zacharia Nkomo, Mapfumo Garutsa, Chinoto Zulu and freelance photo-journalist Andrison Manyere. The seven are accused of contravening Section 23 (1) (a) (i) (ii) of the Criminal Law (Codification and Reform) Act, Chapter 9: 23 “Insurgency, Banditry, Sabotage or Terrorism.”

Defence lawyers led by Alec Muchadehama wants the Supreme Court to 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 further want the Constitutional Court to determine whether or not the applicants, as victims of enforced disappearances, can lawfully be prosecuted and whether the abductees can be compelled to go on trial in circumstances where their appearance at court was facilitated by a criminal act of kidnapping/ abduction authorized or sanctioned by the State or officials of the State.

The filing of the application for referral to the Supreme Court follows the referral of the matters involving other abductees namely Jestina Mukoko, Concillia Chinanzvavana, Fidelis Chiramba, Violet Mupfuranhewe and Collen Mutemagawu who were abducted in similar fashion to Kisimusi Dhlamini and Others.

ENDS