Petros Makaza and Golden Nhika of Epworth were allegedly handed over to Chipangano by a soldier with the Presidential Guard, identified as William Makurumidze, and policeman John Kanyongo who were accusing the duo of having stolen a beret and cell phone.
The two MDC-T activists were charged with contravening Section 126 of the Criminal Law Codification and Reform Act Chapter 9:23 when they appeared at the Harare Magistrates Court in August.
However, the defence team, led by Tawanda Zhuwarara of the Zimbabwe Lawyers for Human Rights, made a request for a referral of the case to the Supreme Court, arguing that the accused person’s right to protection from inhuman treatment as enshrined in Section 15(1) of the Constitution was contravened when the police surrendered them to Chipangano.
They also argued that after the torture no legitimate prosecution could be conducted without further violating the rights of the accused persons.
Magistrate Munyonga had given the state up to October 15 to complete the investigations into the torture allegations. However, Zhuwarara told The Zimbabwean that the results of investigation into the torture allegations had been delayed as police were reluctant to corporate.
“The police are not willing to corporate in the investigations and up to now the results of the probe are not yet out. That is why it has taken so long for the court to respond to our request for the matter to be referred to the Supreme Court,” said Zhuwarara.
The defense team alleges that in Mbare the activists were severely beaten by members of the Chipangano youth militia. After several hours of torture, they were surrendered to Mbare Police Station where a docket was opened and on August 12, the two activists were referred to Epworth Police Station. On August 14 they were placed on remand and given $30 bail each.
Post published in: News