Zimbabwe: The Face of Torture and Organised Violence
CASE STUDY TWO
January 1999 saw court challenges and public confrontations with the Zimbabwe
Government over torture, following an independent newspaper’s report that 23 army
officers had been arrested after a coup plot. On 10 January 1999 The Standard wrote in
its front page story that the officers were disgruntled with Zimbabwe’s military
involvement in the war in the Democratic Republic of the Congo, as well as Mugabe’s
mismanagement of the economy. As a consequence of the report (which the Government
branded as lies), two local journalists were unlawfully detained and severely tortured.
The military picked up Mark Chavunduka, The Standard editor, within two days of the
story, and allegedly tortured him on and off for the next eight days until his release on 21
January. Ray Choto, who had written the report and initially gone into hiding, and being
unaware of precisely what was happening to his editor then reported to the police, was
promptly handed over to the persons who were apparently torturing Chavunduka, and he
is said to have suffered the same fate. Both men were apparently stripped naked,
blindfolded, shackled in leg irons and handcuffed, and severely beaten with planks on the
bare soles of the feet and on the buttocks, slapped, kicked and punched, subjected to
water immersion torture (suffocation in water bags tied around the neck), and given
powerful electric shocks to different parts of their bodies. The torture apparently went on
for hours as the torturers, soldiers as well as CIO personnel, demanded to know the
source of the story. The two men were also reportedly made to roll naked on the tarmac
in the rain while being kicked, punched and slapped, and were told that they were going
to be killed. The torture apparently took place in the CIO’s notorious underground
torture-chambers at Goromonzi outside of Harare, as well as Cranborne Barracks, an
army base in the capital.
The Zimbabwe military, which has no jurisdiction over civilians, ignored all the urgently
obtained court orders for Chavunduka’s and then Choto’s release, but eventually handed
them over to the police who released them. The episode led to unprecedented public
protests, including from the judiciary who addressed an open letter to Mugabe calling
upon him to restore the rule of law, and a peaceful human rights march on Parliament
led by lawyers in court regalia. Mugabe’s response was to threaten the judges and to
justify the army’s and CIO’s actions, while the riot squad stopped the march on
Parliament using dogs, tear-gas and batons. An urgent meeting of human rights NGOs
and the Law Society with Attorney-General Patrick Chinamasa, later made Minister
of Justice, drew his assurance that he would direct Police Commissioner Augustine
Chihuri to investigate the torture. Chinamasa soon reneged on this assurance and
accused civil society of having a political agenda.
In 2000, after the two journalists made an application to the Supreme Court, the then
Chief Justice Anthony Gubbay ordered the police to investigate the torture, but they
never have. More than six years after the event no identification parade has ever been
held, no arrests have been made nor a single perpetrator ever brought to court. Instead
the two journalists were prosecuted for publishing a false story likely to cause fear, alarm
and despondency, but the Supreme Court declared the charge unconstitutional.
Contempt of court proceedings brought on the two mens’ behalf in the High Court
against those responsible for ignoring the court orders for their release from military
custody, including against the Minister of Defence, effectively came to naught before the
then Judge President, Godfrey Chidyausiku. He was promoted to Chief Justice when
Gubbay was forced out in 2001. One of the complainants, Mark Chavunduka, died in
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