Biti takes illegal arrest to Supreme Court

Bitis lawyers say a full Supreme Court bench will sit as a constitutional court next Monday to determine the legality of his detention by detectives Boysen Matema and Crispen Makedenge. Biti, the MDCs lead negotiator, was arrested on June 12, 2008 as he stepped off a plane at Harare International Airport after spending two months in South Africa. He was kept incommunicado for five days.

At the time, Biti’s lawyers lodged papers in the High Court seeking his release and a declaration that his continued detention was illegal. Harare High Court judge, Justice Samuel Kudya, refused to free him even though police failed to charge him with any crime six days after his arrest.

Kudya dismissed arguments that the arrest warrant served on Biti, which ordered that he should immediately be brought before a magistrate, had been ignored. The court also heard that Biti had not been charged within 48 hours of being arrested as demanded by law, and therefore, his lawyer argued, he should be released immediately. I am not satisfied that the applicant has demonstrated before me for whatever he is calling continued detention is unlawful. I therefore dismiss the application with costs, Judge Kudya said at the time.?

Biti was later released, and he immediately filed an appeal against Kudyas ruling that his prolonged detention was legal. Matema and Makedenge were cited as first and second respondents. But the two detectives say they had arrest warrants that authorised them to arrest Biti on treason charges based on a clumsy, ill-written document that the defence says was authored by the Central Intelligence Organisation shortly before the first round of elections on March 29, 2008.

Biti was also charged with causing disaffection among the security forces and bringing the name of Robert Mugabe into disrepute. None of the charges stood up in court, and he was acquitted as a political compromise to enable the global political agreement to go ahead.

and torture victim claims billion-dollar damages

HARARE – Emmanuel Chinanzvavana is claiming US$1.2 billion in damages for the abduction and torture he suffered at the hands of State agents in 2008.

Chinanzvavana is demanding the damages from four cabinet ministers and eight top police, intelligence and prison commanders, whom he says were responsible for State security agents who abducted him on November 3 and kept him incommunicado until December 23.

High Court Judge Ben Hlatshwayo will hear the claim this Friday. Chinanzvavana was part of a group of rights and political activists abducted, tortured and charged with banditry in 2008 when State agents clamped down on people perceived to be against Robert Mugabe. He says he was tortured as State agents sought to force him into admitting to sabotage and banditry accusations.

Last week Charles Kwaramba, a member of Zimbabwe Lawyers for Human Rights, who is representing Chinanzvavana, told The Legal Monitor that Hlatshwayo had been forced to postpone the case because Farai Mutamangira, who is representing the defendants, failed to turn up at court on October 1 without giving reasons.

Chinanzvavana has names ministers Kembo Mohadi (home affairs), Giles Mutsekwa (co-home affairs minister with Mohadi at the time of the abduction), Patrick Chinamasa (justice and legal affairs) and Didymus Mutasa, (presidential affairs).

Police Commissioner-General Augustine Chihuri, Commissioner of Prisons Paradzai Zimondi, Central Intelligence Organisation Director-General Happyton Bonyongwe, CIO Assistant Director Ashley Walter Tapfumaneyi, chief superintendents Crispen Makedenge and Magwenzi, Assistant Commissioner Nyathi and Detective Chief Inspector Mpofu are cited as the other defendants in the compensation claim.

Chinazvavana maintains that State security agents, with the active assistance, or in connivance with, police abducted him and took him to Harare central police station for questioning by officers from the law and order section. He was then taken to an unknown location where he was denied access to lawyers and medication and was not allowed to see family or friends.

During the same period, the plaintiff was subjected to assaults, torture, and other cruel, inhumane and degrading treatment at the hands of captors, who include or were acting in concert or in connivance with one or more of the defendants, either directly or indirectly through their agents/subordinates, reads part of Chinanzvavanas claim. He is claiming US$500,000 as damages for unlawful abduction, enforced disappearance, unlawful detention incommunicado, unlawful arrest and unlawful deprivation of liberty; US$100,000 for assault; US$300,000 for torture, pain, shock, suffering and psychological trauma, and US$300,000 in damages for malicious prosecution.