**Updates IFEX alerts of 23 and 15 March, 1 February, 28 and 7 January 2000, 4 October, 30 and 10 September, 19 July, 31 and 11 May, 25 March, 24, 12, 11, 10, 9 and 3 February, 29, 27, 25, 22, 21, 18, 15 and 13 January 1999; for recent threats against Choto see IFEX […]
**Updates IFEX alerts of 23 and 15 March, 1 February, 28 and 7 January 2000, 4 October, 30 and 10 September, 19 July, 31 and 11 May, 25 March, 24, 12, 11, 10, 9 and 3 February, 29, 27, 25, 22, 21, 18, 15 and 13 January 1999; for recent threats against Choto see IFEX alerts of 6 December, 30 and 26 November 1999**
(MISA/IFEX) – On 29 March 2000, the Zimbabwe Supreme Court ordered Police Commissioner Augustine Chihuri to investigate reports that “Standard” newspaper editor Mark Chavunduka and chief reporter Ray Choto were tortured by the military in January 1999. The court order resolved a civil case brought forward by the journalists on which the Supreme Court had reserved judgement earlier this month.
Chief Justice Gubbay agreed with the full bench that the journalists had been denied the right to the protection of the law when police failed to investigate their case.
“It is with regret that I find that the Commissioner of the Police has failed to afford the applicants [the journalists] the protection of the law they are entitled to expect from him,” said Gubbay.
BACKGROUND:
Chavunduka was arrested by the military on 12 January 1999, and Choto was arrested by police on 19 January, and then handed over to the military for interrogation. Before their release on bail on 21 January, the newspaper secured at least three High Court orders demanding their release, but all were ignored.
Both men sustained serious injuries as a result of torture at the hands of military police during their illegal detention.
The journalists have lodged a Supreme Court application challenging the Constitutionality of Section 50 of the Law and Order Maintenance Act (LOMA), under which they are currently facing charges. These stem from a 10 January article in the “Standard”, alleging a coup plot within the ranks of the military. The two have been accused of publishing false information likely to cause fear and alarm. On 20 March 2000, the Supreme Court reserved judgement on their application.
In a related development, Chavunduka and Choto have attempted to sue the army for unspecified damages for wrongful arrest and detention, and are pressing criminal charges over their assault and torture. However, their lawyers have repeatedly been denied the opportunity to file papers with the appropriate military personnel, and are currently seeking a High Court order compelling the Secretary of Defence to accept the papers. Chavunduka has also laid a contempt of court charge against the defence secretary, Job Whabira, who failed to procure his release after being served with a court order to this effect.
Earlier this month, Home Affairs Minister Dumiso Dabengwa argued, in an opposing affidavit, that the section being challenged, part of the repressive legislation used by the pre-independence Ian Smith regime, should remain on the statute books to deal with irresponsible journalists in cases where national interests were at stake.
