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West for any purpose other than that provided for by the constitution of Zimbabwe as read with the Defence Act be withdrawn forthwith. 3) The respondent should put in place immediate measures to ensure that army officers seconded to rural areas particularly Buhera West confine their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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