In a May 8, 2008 statement, the army denied any involvement, stating the army
“categorically distances itself and any of its members from such activities.”39
However, Human Rights Watch found numerous instances of army involvement in
acts of violence and torture that could not have taken place without the knowledge
of senior army officers. In some cases, senior serving and retired military officers
themselves directly participated in the violence.
A court case brought before the High Court of Zimbabwe on May 19 highlights the
army’s involvement in violence. In his petition Eric Matinenga, an MDC member of
parliament for Buhera West, Manicaland, alleged that the Zimbabwe Defence Forces
were in fundamental breach of the Constitution of Zimbabwe and the Defence Act
because of unlawful activities they were carrying out in Buhera West and other rural
areas. These included the alleged subjection of MDC supporters to harassment,
assault and humiliation. Matinenga named the Commander of the Zimbabwe
Defence Forces General Constantine Chiwenga and Major Svosve, a company
commander in Buhera West. (Several local contacts and eyewitnesses who spoke to
Human Rights Watch have separately identified Major Svosve as being present
during attacks in Buhera.) On May 23, 2008, Justice C. Bhunu issued a provisional
court order setting the following terms:
1) Deployment of Zimbabwe Defence Forces in the rural areas particularly in
Buhera West for any purpose other than that provided for by the Zimbabwe
Constitution as read with the Zimbabwe Defence Act is hereby declared
unlawful and has to be stopped forthwith.
2) Members of the Zimbabwe Defence Forces unlawfully deployed in the rural
areas particularly in Buhera West for any purpose other than that provided for
by the constitution of Zimbabwe as read with the Defence Act be withdrawn
forthwith.
3) The respondent should put in place immediate measures to ensure that army
officers seconded to rural areas particularly Buhera West confine their
operations within their constitutional duties in terms of section 96 (1) of the
constitution of Zimbabwe.40
39
“ZNA not linked to political violence,” Letter to the editor, The Standard, May 11, 2008.
40
Case no: HC2624/08, May 19, 2008, on file with Human Rights Watch.
“Bullets for Each of You”
22
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