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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