REDRESS/AMANI
made no serious effort to do so. It is now more than six years since the event and
no identification parade has been held, no arrests have been made nor has a single
perpetrator ever appeared in court. 132 In February 2005 a Zimbabwe internet news
service based in South Africa reported that the Zimbabwe Government had paid
Choto and the late Chavundukas estate a combined total of Z$24 million (about
US$3000 at the time) civil damages for the torture and unlawful detention .133
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In March 1999 three American nationals were arrested at Harare International
Airport on their way to Switzerland. The men, Gary Blanchard, John Dixon and
Joseph Pettijohn, were subsequently charged with various statutory offences
relating to the illegal possession of firearms. Before trial the men brought an urgent
application in the Supreme Court not only stating that they had been severely
tortured after their arrest, but that the conditions in which they were being held in a
maximum security prison pending trial constituted cruel, inhuman or degrading
treatment. Amongst other things it emerged that the men were held in solitary
confinement, stripped naked each night and shackled in leg irons to their beds
where the lights in their cells were kept on 24 hours a day. This had gone on for
about five weeks. The then Chief Justice Anthony Gubbay found against the State
which did not deny the allegations, and ordered a halt to the various forms of illtreatment. As a mark of the courts disapproval legal costs were awarded to the
men on the higher scale. The court also noted that stripping and keeping a prisoner
naked from late afternoon until early morning was in contempt of a Supreme Court
ruling several years earlier outlawing the practice, and was aggravated by the use
of leg-irons.134
Far worse was to emerge at the mens trial in September 1999. In the days after
their arrest they were brutally tortured by police officers of the Criminal
Investigation Department, which torture included electric shocks to their genitals
and beatings to the soles of their feet. Full details had been given to a magistrate
at their first court appearance in March, and their lawyers also sent a detailed report
to Attorney General Patrick Chinamasa. At the trial, both State and private doctors
gave evidence consistent with what the men had said had happened to them,
including blows to the soles of their feet with a blunt instrument. The trial judge
concluded that the police had indeed severely tortured the men, and noted that
although one Detective Inspector Matema had said the State had been investigating
the complaints the only conclusion this court can come to is either nothing is being
done about the complaints or if something is being done, clearly incompetence
seems to be the situation, because it does not take four months to come up with a
completed investigation about this, in which it has been alleged some twenty
different persons were involved.135
While convicting the men, and following the Supreme Court decisions in S v Michael
and S v Kinfe, the trial judge took into account the torture and sentenced each of
them to an effective 12 months in prison, back-dated six months to the time of their
arrest. Thus after a further six months they were released and deported. The State
132
One of the complainants, Mark Chavanduka, died in October 2002.
133
Zimbabwe Online (SA) 21 February 2005.
134
Blanchard and Others v Minister of Justice 1999 (2) ZLR 24 (S); 1999 (4) SA 1108 (ZS).
135
S v Blanchard and Others 1999 (2) ZLR 168 (H).
25
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