Judgment No. CCZ 1/2014 3
Const. Application No. SC 240/2010
For the purposes of this judgment the following are the facts which appear from
the affidavits of all the applicants:
1. The modus operandi used in the alleged abductions is that each applicant had hands
handcuffed behind his back, blindfolded and driven around to disorientate. They
were all detained at Goromonzi Prison.
2. The applicants were released from illegal detention on 22 December 2008 into the
custody of the police and detained at various police stations.
3. The alleged abductors tried to conceal the location of their detention centre.
4. Statements were recorded from the applicants on 22 and 23 December 2008 in the
absence of their legal representatives.
5. All the applicants were blindfolded when handed over to police stations on 22
December 2008 and when taken to record statements on 22 and 23 December 2008,
in a bid to prevent them from seeing their abductors.
On 29 December 2008 the applicants were taken to Rotten Row Magistrates’
Court for initial remand. They were each charged with insurgency, banditry, sabotage or
terrorism in contravention of s 23(1)(a)(i) and (ii) of the Criminal Law (Codification and
Reform) Act [Cap. 9:23] (“the Criminal Code”) alternatively malicious damage to property in
contravention of s 140 of the Criminal Code. Medical affidavits from two doctors who examined
the applicants while in custody were produced to the court a quo. The reports were to the effect
that the applicants had evidence of healed bodily injuries consistent with torture. They also
exhibited clinical symptoms of psychological trauma.