/ 28 September 2009

Zim court rules activist can’t be prosecuted

Zimbabwe's Supreme Court ruled on Monday that the government could not prosecute a leading human rights activist facing terrorism charges.

Zimbabwe’s Supreme Court ruled on Monday that the government could not prosecute a leading human rights activist facing terrorism charges because her abduction and torture in custody infringed her rights.

Jestina Mukoko, head of local rights group Zimbabwe Peace Project, had challenged her prosecution at the country’s highest court, accusing state security agents of abducting her from her home during a dawn raid last year and torturing her while she was held at secret locations for three weeks.

She was eventually brought to court in Harare and charged with plotting to topple Robert Mugabe’s government.

The 52-year-old mother says she was denied access to medication and lawyers and was tortured during her detention.

Accusations that Mukoko and eight other defendants had been plotting to overthrow Mugabe were widely denounced as trumped up and politically motivated. Neighbouring governments have said they believe the allegations were baseless.

Monday’s ruling opens the way for other human rights and opposition activists to have similar charges dropped, a move that could help ease tension within the unity government formed by bitter rivals President Robert Mugabe and Prime Minister Morgan Tsvangirai.

Tsvangirai had spoken out on Mukoko’s behalf, saying the case undermined the coalition his former opposition party formed with Mugabe earlier this year.

The defendants had included members of Tsvangirai’s Movement for Democratic Change, and some Zimbabweans had speculated the case was being pursued to pressure Tsvangirai to make concessions, or by Mugabe hard-liners to create tension in the unity government.

Delivering the ruling, Chief Justice Godfrey Chidyausiku agreed with Mukoko’s lawyers that state security agents had not upheld her rights when bringing her before the courts.

”The state, through its agents, violated the applicant’s constitutional rights to the extent of … entitling the applicant a permanent stay of criminal prosecution,” Chidyausiku said.

There was no immediate comment from state prosecutors, but analysts said the ruling could prevent the government from taking measures to keep activists in jail.

”This is really a positive thing for activists and civil society, but I hope the state will comply with the ruling because in the past they [the state] have re-arrested people on fresh trumped-up charges,” said John Makumbe, a political analyst and Mugabe critic.

Mukoko wept and hugged friends and relatives outside the courtroom.

”It just did not make sense, I could not believe people could charge me with something like that … and to be referred to as a common criminal, ah …,” a relieved Mukoko said.

Tiseke Kasambala, a Zimbabwe specialist with Human Rights Watch, applauded Monday’s Supreme Court decision and called for those responsible for torture to be prosecuted.

Kasambala said it was ”telling” the ruling came from Mugabe appointees not known for their independence. — Reuters, Sapa