Following Mukoko’s appearance in court, 11 other MDC members and civil society activists
were arraigned on various charges, including banditry and recruiting people to overthrow the
government. The police also transferred them to Chikurubi maximum security and Chikurubi
female prisons.84
On January 7, seven MDC members were officially charged with bombing police stations,
railway lines, and other centers and engaging in acts of banditry, insurgency, sabotage, or
terrorism. The basis of the charges was section 23 of the Criminal Law (Codification and
Reform) Act, which carries a potential death sentence in the event of conviction. The seven
are due back in court on January 23.85
Thirteen additional activists remain in police custody at various police stations in Harare.86
At the time of writing, apart from the seven who were formally charged, none of the
remaining 25 activists in police custody and in prison have been formally charged with any
offenses.87 On January 9, an application by the defense lawyers for removal from remand for
those in prison was denied by a magistrate at Harare Magistrate’s Court. Those in remand
are due to appear in court on January 14.88 The authorities are refusing to disclose the
whereabouts of 11 other MDC members.
Human Rights Watch believes that the charges against the 32 MDC members and human
rights activists are politically motivated. The Zimbabwe authorities appear to be using these
cases as a pretext to clamp down on the MDC and prevent human rights activists from
reporting on human rights abuses. The arbitrary arrests, enforced disappearances, and
unlawful detentions, as well as reports of torture and abuse by the Zimbabwe authorities,
violate Zimbabwe’s obligations under international human rights law.
The reports of abuse and torture of the MDC members and civil society activists to obtain
confessions raise deep concerns that any trials against those detained could be fair.
International law prohibits the use of evidence obtained through torture and other forms of
coercive interrogation.
84
Zimbabwe Lawyers for Human Rights, updates and timelines on abductions, January 6, 2009. On file with Human Rights
Watch.
85
Ibid. Human Rights Watch opposes the death sentence in all circumstances because of its inherent cruelty.
86
Ibid.
87
Ibid.
88
Human Rights Watch telephone interviews with lawyers Otto Saki and Alec Muchadema, Zimbabwe Lawyers for Human
Rights, Harare, January 9, 2009.
Crisis without Limits
26
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