Where is Farai Maguwu?

He seems unharmed and has been taken to Harare Central Police Station maybe for interrogation. The lawyers have been told to wait since 12.50pm. We believe our client’s right to human treatments have been severely violated. We believe the two court orders for our client to receive proper medical examination and proper medical treatment are being treated in contempt. We believe this is a clear case of post-remand harassment that has no place in a civilised society. Below I set out in summary the current team and the events from start to now for those who may be hearing this for the first time or would like a summary.

Team of Lawyers

My name is Tinoziva Bere. I am Farai Maguwu’s lawyer. I am a lawyer based at Mutare with the firm Bere Brothers. I am also Vice President of Law Society and a member of Zimbabwe Lawyers for Human Rights. I work on this case with Trust Maanda, a human rights lawyer (current holder of Human Rights Lawyer of the Year) based in Harare with office in Mutare and with Johane Zviuya my partner at Bere Brothers and Chairman of Manicaland Lawyers Association. This morning (June12) we sought the help of Beatrice Mtetwa (a decorated selfless human rights lawyer who needs no introduction, latest award being The 2010 ABA International Rule of law Award) to help with the search for Farai’s whereabouts and seek court intervention to stop this persecution. This is because I returned to Mutare (June 11) yesterday satisfied that we had guarded Farai and saved him from physical harm or torture only to be shocked that he is not safe even at Remand Prison. He is not safe even after he has been to court.

Background and Arrest

On 3rd June 2010 I accompanied my client Farai Maguwu to Mutare CID offices because he had heard they were looking for him. On arrival he was arrested and detained. The basis for his arrest was that he was alleged to have made or published falsehoods to one Abbey Chikane the Kimberly Process Monitor. Indeed media reports, a day after the arrest quoted bitter and hate filled accusations from Chikane against Farai Maguwu. The intemperate, arrogant and intolerant tone of Chikane’s accusations (made as they were without him having done any investigations) made him sound a lot like a spokesperson for the alleged human rights violators or the propaganda master of the authorities.

Court Battles

From Saturday morning till Farai appeared in Court on Tuesday 8th June 2010 he was illegally detained. He appeared in court on 7th June 2010 and we objected to remand on the basis that the state allegations were contradictory and inadequate and also that the section he was charged under was unconstitutional in that it seeks to curtail freedom of speech. The court threw out our application after 2 days of argument and also rejected our bail application. Farai was then placed on remand to 23rd June 2010, the day that the Kimberly Process meeting in Israel will end. We knew then that this was a truly political arrest, detention and persecution.

Health Abuse

On one of the cold nights in Mutare, 4th June 2010 the police snatched the one blanket covering Farai. He spent the cold night on a cold cement floor and in the morning he had developed fever, throat infection and chest infection. For 2 days he was denied medical attention of medical treatment. Even the throat lozenges and pain killers that we brought him were thrown away after just one doze. By next visit he had nothing. The only medical examination he received was on Sunday in the afternoon from a nurse. Efforts to have him medically examined by his doctor were rejected. On the last day he was in Court, the 10th June we had to seek a court order that he be allowed to resume his medication which he had not had for 2 days because someone at prisons took the medication and put it away permanently. We also had to seek a court order for Farai to be medically examined by a doctor.

Current

Despite those 2 court orders being granted last night (Friday) after the time for visits, Farai was secretly removed from remand. We believe this was done illegally in that the Police had neither the consent of Farai, of us his lawyers or the court that remanded him to Harare prisons. The police cannot arrest a person, charge him and oppose bail only to arrest them again from Remand Prison.

Latest

This is the latest on Farai Maguwu search. Trust Maanda accompanied by Beatrice Mtetwa, after futile search at Harare Central, inquiry from Dowa and visit to Rhodes Ville Police Station are now at Matapi Police Station. Police admit they have Farai Maguwu in custody at Matapi police cells but access was denied and Farai’s condition was unknown from just after 11am till 1pm. He has now been moved to CID Law and Order for interrogation. Trust Maanda and Beatrice Mtetwa are now following. We remain hopeful that he was not harmed in terms of his rights or his person. Farai was supposed to be medically examined by a medical practitioner in terms of the court order.

Concern

Farai was also supposed to be given his medication. Instead he has been illegally removed from Remand custody and apparently taken to spend the night in arguably the country’s worst holding cells which were condemned by the Supreme Court many years ago as not fit for incarceration of humans. In fact the court ruled that to imprison a person at Matapi Police Station was a violation of the Constitutional right to be protected from inhuman and degrading treatment . Inference to infer the malicious motive or recklessness in order to aggravate Farai’s health cannot be resisted. These people know no bounds, none at all.

The KPM factor

Kindly note that the significance of yesterday (June11) is that this is the day that Detective Inspector Dowa had told the court that he would travel to South Africa to meet with Chikane and to collect certain documents to incriminate Farai Maguwu. We know what the KP Monitor has said publicly about Farai but we do not know what kind words he may have had in private meetings with Dowa. We doubt that it is anything that will see Farai free soon.