JUSTICE IN ZIMBABWE 140 ____________________________________________________________________ 66 In a letter to the then Judge President (now the Chief Justice) the Attorney-General protested at what he said was an “irregular” and “unlawful” attempt by the High Court to usurp his constitutional powers, stating that contempt of court proceedings were criminal, not civil. 67 Taken from report in Daily News on 16 March 2002. 68 Daily News 16 January 2001. In making this statement Chihuri had in fact committed an offence in terms of the Police Act [Chapter 11.10]. Under this Act (s 48 in the Schedule) it is an offence for police officers actively to participate in politics. 69 Herald 10 September 2002. 70 Herald 31 August 2002. 71 These murders, and the treatment of persons arrested in connection with them, are dealt with in section B of this report. 72 For example, the murders of Chiminya and Mabika, dealt with in Appendix 2 to this report. Senior officers Chimwanda and Ncube were quarantined in the “Commissioner’s Pool” introduced by Chihuri to monitor senior officers about whom he is distrustful. Both decided to leave the force. Former Assistant Commissioner Simbi said: “I need not pretend that all is well…The ZRP is going through a very bad patch and some unprofessional fingers that are raised have taken advantage of this.” Independent 11 May 2001. 73 74 Financial Gazette 4 June 2001. 75 Sunday Mail 7 June 2001. 76 Herald 11 July 2001. Amnesty International researchers interviewed one former police officer on 30 November 2001 who described his experience: “I had twenty years of service, but I was fired because I was accused of supporting the MDC… I liked my job, I was loyal, I was proud to be a policeman to serve my nation, and now it hurts me to see the police officers are working for a political party, not the nation… The police are frightened of the war veterans, they have their own command structure, and if you arrest them, they will get them out of jail. If one is an ex-combatant, one can be promoted to take your position. Only ex-combatants are promoted. We’re at the worst stage now, when everyone is doing what he wants.” 77 Daily News 20 March 2001. See also Financial Gazette 14 June 2002. 78 See Appendix 4 for some specific example of the police ignoring serious crimes committed against opponents of government. 79 One recent example of this is a Daily News report on 2 September 2002 describing how two recently graduated members of the youth brigade beat up a police officer at Harare Central Police Station after they had been arrested on charges of theft and violence. 80 The MDC election director, Mr Nyathi, alleged that 70 of the MDC candidates for the election had been arrested on trumped up charges by the police. He also said that 20 MDC candidates had been assaulted and forty candidates had withdrawn in two districts out of fear for their safety. Associated Press report 3 September 2002. 81 For instance, on 5 September 2002 the Daily News reported that Harare City Councillors and the MDC have petitioned government, the Chief Justice and the Commissioner of Police about the alleged torture and inhuman treatment of a Councillor and MDC security officer who are in custody on allegations of murdering a ZANU (PF) activist. The previous week the two accused told a Harare magistrate that they were brutally tortured by the police, suspected Central Intelligence Organisation

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