Heads of Denominations, Bulawayo
Letter addressed to: Senator J F Mudende, Governor, Matabeleland North
Dear Senator Mudende
We refer to our meeting with you towards the end of November 1985 when we said we would let you have a report on human rights violations in Matabeleland.
Please now find enclosed our report. The cases cited have come from a number of different sources and speak for themselves. There is evidence of people disappearing, police and C I O torture, unlawful detentions and a general disregard by Police and C I O for fundamental human rights.
The Government has a moral obligation to deal with dissidents. We sympathise with the Government in this necessary and dangerous work. However, we believe that Government has at times in 1985, through the arms of the Police, C I O and Army, acted contrary to Christian standards of justice. Furthermore, we believe that Government has at times acted contrary to its own interest in that its actions have only tended to make more enemies for itself.
We do not propose to make any suggestions regarding what must be done about the human rights violations. We merely plead that the violations be investigated and stopped forthwith.
Yours faithfully
Archbishop Karlen Catholic Church
Bishop Mercer Anglican Church
David Coltart, Elder Presbyterian Church
On behalf of the Heads of Denominations
Bulawayo
HEADS OF DENOMIANTION: HUMAN RIGHTS REPORT
CASE 1 6.2.85
O.N. was arrested in Tjolotjo on the 6.2.85 and thereafter disappeared. On the 10.9.85 O.N.’s family discovered that he was being held by C I O at Stops Camp. O.N. was then handed over to C I D and his wife was advised in November 1985 that he had been released. O.N. has not been seen again and his lawyers are still trying to locate him.
The Anglican Church has been advised that O.N. was one of several men picked up by army landrovers following the murder by dissidents of a ZANU party member. Seven bodies are alleged to have later been found on the Tjolotjo football ground.
CASE 2 13.1.85
The Catholic Church reports that A.M. was arrested on the 10.3.85 in Bulawayo by two uniformed Policemen and three men in civilian clothes. He is unrepresented and is still in detention.
CASE 3 25.6.85
S.N. was arrested in ZRP Mpoengs on the 25.6.85. On the 13.8.85 S.N.’s wife instructed her lawyer to find S.N. On the 16.12.85 the Officer-in-Charge Plumtree advised that S.N. was being held at Plumtree for C I O. On the 9.1.86 C I O advised that S.N. was being handed over to the C I D for prosecution. At the time of writing this report access still had not been granted and S.N. had not been taken to court. There is no indication whether a Ministerial Order in terms of Section 17 of the Emergency Powers Regulations has been issued yet. Client has at the 21.1.86 been in detention for 211 days.
CASE 4 14.7.85
The Catholic Church reports that S.M. was picked up by two soldiers on the 14.7.85 at Malindi Line. He is still missing. He is unrepresented.
CASE 5 18.7.85
The Catholic Church reports that E.M. was picked up by C I O at the Malindi Line on the 18.7.85. He was taken by three soldiers driving a landrover and is still missing. He is unrepresented.
CASE 6 25.7.85
B.T. was seriously assaulted by unknown persons (not Police or C I O) on the 25.7.85 at Tjolotjo and was taken to Tjolotjo Hospital. The nurse in charge suspected that B.T. had serious concussion and telephoned for an ambulance to ferry B.T. to Mpilo Hospital in Bulawayo. B.T. was being taken to Mpilo when the ambulance was stopped by members of the C I O who ordered that B.T. be taken to Tjolotjo Police Station. This was done and B.T. was left there. On the 31.7.85 B.T.’s legal practitioner telephoned the Officer-in-Charge of C I O Tjolotjo, one DUBE, and requested that B.T. be taken by C I O to Mpilo Hospital. This was refused on the grounds that C I O were arranging for him to be attended to in Tjolotjo and that B.T. would be released when their investigations were completed. On the 7.8.85 B.T.’s legal practitioner obtained, by way an ex parte petition, an order through the High Court compelling the C I O to take B.T. to Mpilo Hospital for medical examination and treatment.
CASE 7 31.7.85
The Catholic Church reports that S.N. was picked up by three uniformed Policemen and six C I O members on the 31.7.85 at 3.00am and is still missing. He is unrepresented.
CASE 8 5.8.85
C.B. was arrested on 5.8.85 by the C I O. On the 5.8.85 C.B. was assaulted by unknown members of the C I O. He was stripped and then his head was put into a canvas bag filled with water. The bag was tied around his neck and then lifted up suffocating C.B. This was done 5 times. On the 9.8.85 C.B. was served with a Detention Order in terms of Section 53(1) of the Emergency Powers Regulations. On the 13.9.85 C.B. was served with another Detention Order (in terms of Section 53(1)) whilst still in detention. Section 53(1) is clear: a person can be detained “for a period not exceeding thirty days”. C.B. was released on the 11.10.85 after 68 days in detention.
CASE 9 15.8.85
N.S. was arrested by Pisi Bulawayo and held at Stops Camp. Whilst in detention N.S. was beaten badly. He was hung upside down with his feet tied to a rafter and his head was placed in a bucket of water thus suffocating him. A wet blanket was put over his head on another occasion suffocating him. N.S. was released from detention on the 4.10.85 (51 days in detention). Several Officers, all members of Pisi, took part in the torture including Sgt. MUNYORO and Const. DAVID SIBANDA.
CASE 10 28.8.85
M.C. was arrested by Pisi Bulawayo on the 28.8.85. Repeated requests for access by his legal practitioner were met with evasion from the Acting Commissioner (in charge of Matabeleland), and in the case of the arresting detail (Section Officer CHIRENDA) with deliberate lies. After access had been denied for some 7 days a habeas corpus order was made through the High Court in Bulawayo on the 3.9.85. Access was finally granted on 5.9.85. M.C. was not physically assaulted but was subjected to ill-treatment in a variety of ways: he was kept in solitary confinement for the duration of his detention (16 days in all), was kept without food and water for long periods on two occasions – over 24 hours on one occasion and about 21 hours on the other, was subjected to abusive and aggressive interrogation, was threatened with torture and was denied communication with his lawyer (despite repeated requests) for 9 days. M.C. was released on 12.9.85.
CASE 11 8.9.85
D.M. was taken from his parent’s home on the 8.9.85 by unknown plain clothes policemen. On the 19.9.85 his legal practitioner established that he was being held by Pisi at Stops Camp. However, when his legal practitioner saw him on the 20.9.85 he was advised that the matter was being dealt with by C I D Law and Order Department. C I D did not seem to know anything about his detention and when D.M. was seen again on the 26.9.85 he still had not been interviewed, interrogated or served with a Detention Order. Pisi were approached on this issue and did not seem to know who was dealing with his case. On the 27.9.85 D.M. was released (20 days in detention) without being charged and without having been given a reason whatsoever for his detention.
CASE 12 13.9.85
I.N. was arrested by Pisi Bulawayo on the 13.9.85 and detained at Stops Camp along with some 100 Bulawayo City Council employees detained at about the same time. On the 17.9.85 he was served with a Detention Order in terms of Section 53(1) of the Emergency Powers Regulations when he was interrogated (no force was used). I.N. was not interrogated or interviewed again until his release without charge on the 19.10.85 (37 days in detention).
CASE 13 13.9.85
A.T. was arrested by Pisi Bulawayo on the 13.9.85 and was detained at Figtree and then Stops Camp along with other City Council employees. He was served with a detention order in terms of Section 53(1) of the Emergency Powers Regulations on the 16.9.85 and was interrogated (no force used) on the 16.9.85 and 19.9.85. A.T. was not interrogated or interviewed again until his release without charge on 19.10.85 (37 days in detention).
CASE 14 10.9.85
The Anglican Church has received reports that on 10.9.85 ZANU youth raised the village and granaries of MTSHATSHANA in the Nhayi area to the ground. Villagers were beaten and some needed treatment at Mpilo Hospital. The homeless have been coming to the Anglican and Presbyterian Churches for food, clothing, blankets and money. Are the ZANU youths going to be charged for taking the law into their own hands? There are courts that can deal with people who aid and support dissidents.
CASE 15 19.9.85
The Catholic Church reports that on 19.9.85 a grey Datsun Nissan truck with five plain clothes men arrested S.M. in Tjolotjo. S.M. was later that day seen at Tjolotjo Police Station. On the 20.9.85 at approximately 12.30pm a grey Datsun Nissan with a canopy was seen arriving at MATULA WELL. It reversed up to the well. The witness saw S.M. with his hands hand-cuffed behind his back, being pushed towards the well. When the men returned to the vehicle S.M. was not with them. S.M.’s wife was later taken to MBOMBO army camp and was beaten, interrogated and thereafter driven to Tjolotjo. She was then taken to Mzilikazi Police Station until the 25.9.85 when she was shown the body of her husband, described to her as a ‘dissident’. Other sources reveal that the body had been recovered from the well by a local blaster. The body was retrieved – with handcuffs still on. Has a murder docket been opened? Once again it is not up to Army or Police to decide who is a dissident and who warrants the death sentences. If dissidents are captured alive they must be brought to court.
CASE 16 29.10.85
L.K. was detained by C I O in Harare on the 29.10.85. On the 8.11.85 (11 days after his arrest) was served with a detention order in terms of Section 53(1) of the Emergency Powers Regulations. On the 29.10.85, 30.10.85 and 31.10.85 L.K. was badly beaten by members of the C I O in Harare. He was handcuffed and suffocated when a canvas bag was tied over his head. On the 21.11.85 L.K. was brought before a Magistrate in Bulawayo to confirm a warned and cautioned statement he had given to C I O. L.K. declined to confirm the statement and advised the Magistrate that he had been severely beaten. On the 27.11.85 L.K. was served with another detention order in terms of Section 53(1) of the Emergency Powers Regulations whilst still in detention. On the 8.1.86 (after having been detained for 72 days) L.K. was served with a detention order in terms of Section 17 of the Emergency Powers Regulation, signed by the Minister of Home Affairs.
CASE 17 29.10.85
T.N. was arrested by plain clothes policemen on the 29.10.85 and was detained at Esigodini Police Station. T.N. was released from detention on the 30.11.85 (33 days in detention) without any charges being brought against him. At no time was he served with a Section 17 detention order authorizing his detention for a period longer than 30 days.
CASE 18 1.11.85
C.B., an Anglican parishioner (see case 8 above) was re-arrested by C I O on the 1.11.85 and was served with a detention order in terms of Section 53(1) of the Emergency Powers Regulations on the 4.11.85. C.B. was served with a detention order (dated the 11.12.85 – 41 days after being detained) made in terms of Section 17 of the Emergency Powers Regulations on the 13.1.86.
CASE 19 11.85
The Anglican Church reports that at the beginning of November the ZRP Support Unit at Dhlamini was replaced by 5th Brigade assisted by a C I O officer named DON. The Brigade proceeded to round up males, from teenage to middle age, in groups of 30 or so. The groups were rounded up from the villages of Dhlengepiya, Bayani, Madhanda, Mhlabeni, Xanxani, Vagasini and from Dhlamini itself. They were brought to the DDF Rest Camp at Dhlamini, where they were denied food and water. Their shirts were removed. Their eyes were blindfolded. They were then beaten on the back by members of the Brigade and were chased about so that they hurt themselves by running into bushes, trees, vehicles or machinery. Some of them were beaten with strands of barbed wire, each “whip” consisted of several strands. After this treatment they were taken to Tjolotjo for two or three days, from where they were released to their villages.
CASE 20 9.11.85
G.M. and 80 others were arrested by Pisi at Dete on the 9.11.85. On the 11.11.85 they were taken to Bulawayo where they were detained at Stops Camp. All but one were beaten to various degrees but A.M. was severely beaten on his back. On the 13.11.85 one P.D. and a legal practitioner by sheer chance saw and spoke to A.M. in the back of a police landrover near Western Commange. The legal practitioner asked A.M. to bare his back and when he did so the legal practitioner observed several welts across his back varying in length from approximately nine inches to one foot. The skin had been broken in several places. He also saw two marks across his right wrist which has been left by burns he had received. Legal Practitioners, appointed by the company which employed all 9 detainees, repeatedly requested access to the employees but this was denied. On the 28.11.85 (20 days after the first had been detained) their legal practitioner telephoned Inspector CHAMBA of Pisi to request access. Access was again denied on the grounds that they were all state witnesses, were not in detention as they were in witness quarters and that the legal practitioner had no right to see his clients. On the 29.11.85, by way of an ex parte petition, an order was obtained through the High Court compelling access. The order was served on Inspector CHAMBA on the 2.12.85. On the 3.12.85 one Section Officer CHIRENDA of Pisi telephoned the legal practitioner to advise that all 9 clients had been released and that they had gone back to their communal homes in Dete. It was established that they had not in fact been released and on the 6.12.85 the legal practitioner arrived unannounced at Stops Camp where he was able to see all 9 clients. It was then established that, contrary to what Inspector CHAMBA and Section officer CHIRENDA had advised, 8 of the clients had been in detention (not witness quarters) until the 1.12.85 when they were moved to witness quarters and had to remain within the confines of the Police Camp and one A.M. was held in detention at Njube Police Station right up until 6.12.85. The legal practitioner noticed that A.M. was the only client wearing new clean clothes. When asked in the presence of Inspector CHAMBA about this he said that a relative had brought him the clothes that morning (having earlier said that he had not seen anyone other than policemen since the 19.11.85). The legal practitioner then asked A.M. to take off his shirt and turn around whereupon Inspector CHAMBA said that he could not “as there were ladies present”. The legal practitioner suggested that the ladies leave the room whereupon Inspector CHAMBA flatly refused to allow A.M. to take his shirt off.
It has subsequently been ascertained from A.M. himself that he was severely beaten with an electric cable and burnt on his back and arms by members of Pisi. All 9 clients were released by Pisi on the 6.12.85. On the 13.1.86 the High Court granted a final order of costs on the legal practitioner and client scale (a punitive measure) against the Member of Home Affairs and Inspector CHAMBA.
CASE 21 11.11.85
N.S. (see case 9 above) was re-arrested by Pisi on the 11.11.85 and was served with a detention order made in terms of Section 53(1) of the Emergency Powers Regulations on the 11.11.85. On the 8.1.86 (after 59 days in detention) N.S. was released with no charges brought against him, and with no Section 17 detention order even having been served on him.
CASE 22 15.11.85
S. was arrested on the 15.11.85 by Section Officer CHIRENDA of Pisi and was served with a detention order made in terms of Section 53(1) of the Emergency Powers Regulations which alleged that he was involved in the recruitment of dissidents. S. was held by Pisi until the 20.11.85 when he was released. No charges have been brought against S. but when he was released Pisi advised that his wife (who had not been detained) was to be charged under Section 12 and 25 of the Immigration Act. An important factor to note is that S. was deeply involved prior to his arrest during 1985 in investigating the National Railways of Zimbabwe “Botswana Housing” scandal which is presently before the Parliamentary Public Accounts Committee.
CASE 23 29.11.85
L. and G. were arrested on the 29.11.85 by Pisi because G. was riding a motorcycle without a helmet on. They were then advised that they were being held in terms of the Emergency Power Regulations and were detained at Stops Camp. On the 30.11.85 both were beaten, L. more so than G. Both were released on the 2.12.85 without being charged. L. was examined by a doctor on the 3.12.85. The medical report, which details a severe bruise on L.’s right cheek and small bruise on his left cheek, is available.
CASE 24 21.12.85
A.N., an Anglican priest, was arrested by C I O together with 4 parishioners of Mbembesi. They have been served with detention orders made in terms of Section 53(1) of the Emergency Powers Regulations. At the time of writing this report, on the 23.1.86, they are still in detention and are now being held illegally (having been held for 34 days).