(MISA/IFEX) – Journalists Mark Chavunduka and Ray Choto, whose medical reports confirmed that they had been tortured while in military detention earlier this year, have formally laid civil and criminal charges against the police and military. **Updates IFEX alerts of 11 May, 15 March, 24 February, 12 February, 11 February, 10 February, 9 February, 3 […]
(MISA/IFEX) – Journalists Mark Chavunduka and Ray Choto, whose medical
reports confirmed that they had been tortured while in military detention
earlier this year, have formally laid civil and criminal charges against the
police and military.
**Updates IFEX alerts of 11 May, 15 March, 24 February, 12 February, 11
February, 10 February, 9 February, 3 February, 29 January, 27 January, 25
January, 22 January, 21 January, 18 January, 15 January and 13 January
1999**
Chavunduka, the editor of the “Standard” newspaper, and Choto, the senior
reporter, said in a report in their paper that they had filed complaints
with police chief Augustine Chihuri and expected him to initiate a proper
investigation.
The pair are suing the army for unspecified damages for wrongful arrest and
detention. They have also laid criminal charges over their assault and
torture, while also pressing charges against the police detectives who
handled their case for aiding and abetting their release from “lawful police
custody to the illegal detention of the military authorities.” In addition,
Chavunduka has formally laid a contempt of court charge against the defence
secretary, Job Whabira, “arising from his contemptuous remarks when being
served with the order for my release … and failing to immediately do all
in his power to implement the order and procure my release.”
On being served in January 1999 with the court order demanding Chavunduka’s
release, Whabira said: “The judge cannot direct us. We will move at our own
pace. Any civilian who meddles in military matters is subject to military
law.”
Background Information
The latest criminal charges and lawsuit add to an array of court battles
that have arisen since the two journalists were arrested.
Both Chavunduka and Choto are still facing charges under the archaic Law and
Order Maintenance Act following a 10 January “Standard” article alleging a
coup plot within the ranks of the military. Their trial is expected to
commence on 2 August.
In the meantime, the “Standard” has lodged a Constitutional Court challenge
against the provisions of the law under which the two have been charged. The
case is ongoing.
On 12 March, the Zimbabwean High Court cleared Defence Minister Moven
Mahachi of contempt of court charges following an application in this regard
brought by the “Standard”. However, the court found that his secretary,
Whabira, was guilty of ignoring a court order and subsequently ordered the
ministry to pay the legal fees the paper incurred while trying to secure the
release of Chavunduka and Choto.
The court said that it accepted the defence argument that Mahachi was out of
the country when the orders had been served and that Whabira had no powers
to effect them. However, it said that Whabira, who allegedly told the paper
at the time that the army would not obey court orders and would free the
journalist at its own pace, had acted wrongly. The matter was referred to
the Attorney-General, who was empowered to institute a criminal
investigation and formally charge Whabira with contempt. However, to date
this has not happened.
Chavunduka was arrested by the military on 12 January, 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 suffered at the
hands of military police during their illegal detention.
