HARARE – Zimbabwe state prosecutors have conceded security agents had abducted and illegally detained a leading rights activist who had asked the Supreme Court to stop her prosecution on terrorism charges.
Jestina Mukoko, a prominent rights campaigner, is seeking a permanent stay of her prosecution on charges of recruiting or trying to recruit people to overthrow the government. More than a dozen opposition activists face similar charges.
The case has raised tensions in a new unity government formed by arch-foes president Robert Mugabe and prime minister Morgan Tsvangirai and is a test of the administration’s commitment to democratic reforms demanded by western donors.
Ms Mukoko says she was seized at dawn in her nightdress by unidentified armed men on December 3rd last year and tortured before being handed over to the police 19 days later.
Her lawyer, Jeremy Gauntlet, told the Supreme Court that Ms Mukoko’s rights had been grossly violated, including by being denied medication and a lawyer and by being kept in solitary confinement.
“The process [of her arrest] is so contaminated that you should order a stay of prosecution,” Mr Gauntlet told the court, adding that prosecutors were solely relying on evidence extracted from Ms Mukoko during torture.
The court reserved judgment on the matter indefinitely. If it rules in Ms Mukoko’s favour it would affect the other activists who have made the same application.
State prosecutor Fatima Maxwell, in response to a question from chief justice Godfrey Chidyausiku, said the state did not dispute Ms Mukoko’s evidence and had not questioned the security agents who had abducted her.
Asked if she was conceding that Ms Mukoko’s abduction and detention were illegal, Ms Maxwell told the court: “Yes my lord.”
On whether Ms Mukoko had been tortured, Ms Maxwell added: “The allegations, as they stand and if proved, are a clear violation of the three rights in the constitution.” These are the right to liberty, protection at law and right from torture.
Ms Maxwell added that the violations should not prevent Ms Mukoko from being prosecuted but there should be a separate inquiry into the allegations.
“We respectfully submit that, yes, the violations are serious, multiple and were protracted . . . the only meaningful redress in this case is a stay of prosecution,” Mr Gauntlet said. – (Reuters)