Eric Matinenga – MDC MP for Buhera South Constituency When a regiment of the army unleashed violence in Buhera against MDC supporters, Eric Matinenga took the Zimbabwe National Army to court and secured a provisional high court order directing the army to cease all violence and confine their work to their constitutional mandate of protecting civilians.28 The police then arrested Matinenga on May 31, 2008 on charges of public violence. He was detained for 72 hours without being brought before a court of law, in violation of Zimbabwe’s laws, which require an accused to be brought before a court within 48 hours of arrest. Matinenga’s lawyers challenged his continued arrest as unlawful, contending that his arrest was politically motivated and a form of persecution and retribution because he had taken the army to court. On June 5, after Matinenga had spent four days in custody, the court ruled that there were no grounds for placing Matinenga on remand since facts presented before the court by the police failed to disclose any offense. He was released only to be rearrested on June 7, but now on a charge of inciting public violence. On June 8 his lawyers made an urgent High Court application to have Matinenga released. The order was issued but the police defied the court order. Matinenga was only released on June 24 under stringent bail conditions requiring him to report daily to the Rhodesville police station in Harare. Matinenga is due back in court in on August 18, 2008. His lawyer, Trust Maanda of the Zimbabwe Lawyers for Human Rights, told Human Rights Watch: This is a clear case of persecution of Advocate Matinenga, which is by no means unique to him. Many MDC leaders are facing similar persecution of being arrested and detained on fabricated charges and hauled before courts to go through lengthy, costly and utterly meaningless trials. In the case of Eric Matinenga l noticed that the police were working in cahoots with the army and were actually receiving instructions from the army on the arrest of Matinenga and what charges to prefer against him.29 28 Case no: HC2624/08, May 19, 2008, on file with Human Rights Watch. 29 Human Rights Watch telephone interview with Trust Maanda, London, August 6, 2008. 15 Human Rights Watch August 2008

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