In October 2009, Manfred Nowak, the then UN Special Rapporteur on torture, and other cruel,
inhuman or degrading treatment was deported from Harare International Airport after he was
invited by Prime Minister Morgan Tsvangirai to investigate cases of torture.56 The ZANU-PF
wing of the government claimed that it had withdrawn its invitation to Novak because it was
engaged in a consultative process in Harare.57
In a case that has received widespread international attention, Human Rights Watch
documented the abduction or arbitrary arrest and torture of prominent human rights activist
Jestina Mukoko and 14 other activists by state agents between October and December 2008.
In total, state agents abducted or arbitrarily arrested 43 people—including MDC officials—in
that period. The authorities later accused them of involvement in acts of banditry and
training others in banditry, sabotage and insurgency.58 The activists were held in secret
detention for periods ranging from two to eight weeks, before being handed over to the
police. They reported that state agents subjected them to various acts of torture and illtreatment, including beatings on the soles of the feet and denial of food and medication.
On September 28, 2009, the Supreme Court upheld an application by Jestina Mukoko, in
which she argued that her constitutional rights to liberty, full protection of the law, and
freedom from torture had been infringed.59 The court dismissed terrorism charges against
Mukoko and the other activists and ordered a permanent stay of prosecution in the criminal
case against them. However, at the time of writing more than a year later, a full report of the
judgment has not been released.
In a series of civil law suits, Mukoko and other activists filed complaints against the Attorney
General, the Minister of Home Affairs, and several other senior CID, police and CIO officers
as being responsible for their abduction, torture, and ill-treatment.60 At the time of writing,
the court has not reached a decision in Mukoko’s case.
56
“U.N. rights expert Nowak deported from Zimbabwe,” Reuters, October 29, 2009,
http://www.alertnet.org/thenews/newsdesk/WEA7394.htm (accessed October 29, 2009).
57
Ibid.
58
See Human Rights Watch news releases, “Zimbabwe: Investigate Whereabouts of Abducted Human Rights Activist,”
December 3, 2008, http://www.hrw.org/en/news/2008/12/03/zimbabwe-investigate-whereabouts-abducted-human-rightsactivist; “Zimbabwe: Free Detained Rights Activist,” December 24, 2008,
http://www.hrw.org/en/news/2008/12/24/zimbabwe-free-detained-rights-activist; “Zimbabwe: Drop Politically Motivated
Charges Against Activists,” May 6, 2009, http://www.hrw.org/en/news/2009/05/06/zimbabwe-drop-politically-motivatedcharges-against-activists.
59
Misa/IFEX, “Supreme Court Verdict Quashes Case against Human Rights Activist,” September 30, 2009,
http://www.ifex.org/zimbabwe/2009/09/30/application_upheld/ (accessed October 29, 2010).
60
Voice of America, “Zimbabwe Party Leaders, Security Chiefs Sued by Former Detainees,” August 31, 2010,
http://www.voanews.com/english/news/africa/Zimbabwe-Party-Leaders-Security-Chiefs-Sued-by-Former-Detainees-
Perpetual Fear
32
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