(MISA/IFEX) – Lawyers representing “Standard” journalists Mark Chavunduka and Ray Choto filed an application in the Supreme Court last week seeking to force the commissioner of police, Augustine Chihuri, to investigate the crimes committed by agents of the state against the journalists. The application cites the commissioner of police and the attorney-general as the first […]
(MISA/IFEX) – Lawyers representing “Standard” journalists Mark Chavunduka
and Ray
Choto filed an application in the Supreme Court last week seeking to force
the commissioner of police, Augustine Chihuri, to investigate the crimes
committed by agents of the state against the journalists. The application
cites the commissioner of police and the attorney-general as the first and
second respondents respectively.
**Updates IFEX alerts of 19 July, 31 and 11 May, 15 March, 24, 12, 11, 10, 9
and 3 February, 29, 27, 25, 22, 21, 18, 15 and 13 January 1999**
The two journalists argue in the application that despite formally lodging
complaints with the authorities, nothing has been done and no investigations
have been instituted against the state agents who tortured them.
In their affidavits, the two journalists argue that the charges they are
laying on the state are very serious in nature, far more serious than the
ones they are facing, since the high ranking officials accused of torture
are sworn to protect and not unlawfully detain and torture Zimbabwean
citizens.
Background Information
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 suffered at the
hands of military police during their illegal detention.
Both journalists are facing charges under Section 50 (2) of the Law and
Order Maintenance Act following an article in the “Standard” on 10 January
alleging a coup plot within the ranks of the military. They are accused of
publishing false information likely to cause fear and alarm.
The journalists have instituted several court actions against various
parties since their release, including a High Court application challenging
the constitutional validity of the law under which they are being charged.
They are also suing the army for unspecified damages for wrongful arrest and
detention, and have 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, who failed to procure his release on being served with a court
order to this effect.
The court cases are all ongoing.
