This record is a partial extract of the original cable. The full text of the original cable is not available.



                           CONFIDENTIAL     PTO9647

PAGE 01        HARARE  05692  101517Z 
ACTION AF-00    

INFO  LOG-00   NP-00    AID-00   AMAD-00  CIAE-00  INL-00   DODE-00  
      SRPP-00  DS-00    EB-00    EUR-00   VC-00    H-01     TEDE-00  
      INR-00   IO-00    LAB-01   L-00     VCE-00   AC-01    NRRC-00  
      NSAE-00  OIC-02   OMB-01   OPIC-01  PA-00    PM-00    PRS-00   
      ACE-00   P-00     SP-00    SSO-00   STR-00   TRSE-00  USIE-00  
      R-00     PMB-00   DSCC-00  PRM-01   DRL-02   G-00     NFAT-00  
      SAS-00     /010W
                  ------------------8FAB46  101518Z /38    
FM AMEMBASSY HARARE
TO SECSTATE WASHDC IMMEDIATE 7321
INFO NSC WASHDC IMMEDIATE
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

C O N F I D E N T I A L HARARE 005692 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH 
 
LONDON FOR CHARLES GURNEY 
 
PARIS FOR BISA WILLIAMS 
 
PASS USAID FOR A/AID-RMCCALL, AA/AFR-VDERRYCK, AFR/SA- 
CPALMA 
 
PASS USTR FOR RWHITAKER 
 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  05692  101517Z 
E.O. 12958: DECL: 10/10/10 
TAGS: PHUM PGOV ZI
SUBJECT: MUGABE PARDONS PERPETRATORS OF POLITICAL 
VIOLENCE 
 
REF:  HARARE 5675 
 
CLASSIFIED BY CHARGE D'AFFAIRES EARL M. IRVING. 
REASONS: 1.5 (D). 
 
¶1.  (U) ACTION REQUEST.  PLEASE SEE PARA 5. 
 
¶2.  (U) IN AN EXTRAORDINARY GOVERNMENT GAZETTE PUBLISHED 
OCTOBER 6, PRESIDENT MUGABE GRANTED A PARDON "TO EVERY 
PERSON LIABLE TO CRIMINAL PROSECUTION FOR ANY 
POLITICALLY-MOTIVATED CRIME" COMMITTED BETWEEN JANUARY 1 
AND JULY 31, 2000.  THE PARDON SPECIFICALLY APPLIES TO 
POLITICAL CRIMES COMMITTED IN CONNECTION WITH THE 
FEBRUARY CONSTITUTIONAL REFERENDUM AND THE JUNE 
PARLIAMENTARY ELECTIONS.  CURIOUSLY, "SPECIFIED 
OFFENSES," NAMELY MURDER, ROBBERY, RAPE, INDECENT 
ASSAULT, THEFT, POSSESSION OF ARMS, AND ANY OFFENSE 
INVOLVING FRAUD OR DISHONESTY, ARE EXCLUDED FROM THE 
PARDON.  HOWEVER, COMMON ASSAULT, KIDNAPPING, 
MANSLAUGHTER, AND ASSAULT WITH INTENT TO COMMIT GRIEVOUS 
BODILY HARM (WHICH IS MOST OFTEN USED IN TORTURE CASES), 
AMONG OTHER UNSPECIFIED CRIMES COMMITTED DURING THAT 
PERIOD, ARE EXEMPTED.  THE AMNESTY COVERS THE VAST 
MAJORITY OF POLITICAL VIOLENCE CASES ARISING DURING THE 
PRE-ELECTION PERIOD, ACCORDING TO TONY REELER, DIRECTOR 
OF THE HUMAN RIGHTS ORGANIZATION AMANI TRUST. 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  05692  101517Z 
 
¶3.  (C) REELER FURTHER REMARKED THAT THE PARDON WILL 
FORCE HIS ORGANIZATION TO PURSUE ITS MYRIAD HUMAN RIGHTS 
CASES THROUGH THE MUCH MORE EXPENSIVE CIVIL COURTS, 
RATHER THAN THE CRIMINAL COURTS.  THE MOVE ALSO CASTS 
SERIOUS DOUBT ON THE MDC'S ABILITY TO PURSUE ITS LEGAL 
CHALLENGES TO THE VOTING RESULTS IN 37 CONSTITUENCIES, 
MOST OF WHICH ARE BASED ON CHARGES OF POLITICAL 
INTIMIDATION.  THE PARDON HAD NOT BEEN REPORTED IN THE 
LOCAL MEDIA OVER THE WEEKEND, BUT THE TRUSTEES OF THE 
HUMAN RIGHTS NGO, LEGAL RESOURCES FOUNDATION (LRF), 
CIRCULATED A STATEMENT OCTOBER 10 CONDEMNING THE PARDON 
AS "COMPLETE CONTEMPT FOR THE RULE OF LAW."  THE LRF 
SAID THE AMNESTY SENDS "THE CLEAR MESSAGE THAT CRIMES 
COMMITTED IN SUPPORT OF THE RULING PARTY WILL GO 
UNPUNISHED." 
 
¶4.  (C) COMMENT: THE LANGUAGE OF MUGABE'S CLEMENCY ORDER 
WOULD APPEAR TO LEAVE SOME ROOM OPEN FOR PROSECUTORS TO 
TRY THE MOST EGREGIOUS OF THE HANDFUL OF POLITICAL 
VIOLENCE CASES NOW BEFORE THE COURTS.  HOWEVER, IT WILL 
UNDOUBTEDLY DISCOURAGE ANY PROSECUTOR FROM PURSUING THE 
THOUSANDS OF SERIOUS CRIMINAL CASES THAT HAVE YET TO SEE 
THE LIGHT OF A COURTROOM.  MUGABE CLEARLY INTENDS TO 
PROTECT THOSE WHO CARRIED OUT HIS DIRTY DEEDS DURING THE 
PRE-ELECTION PERIOD, AND HIS AMNESTY IS A CYNICAL 
ATTEMPT TO WHITEWASH HIS CAMPAIGN OF TERROR WITH 
LEGALITIES.  IT SHOULD BE NOTED THAT THE PARDON WAS 
QUIETLY SLIPPED INTO THE GAZETTE ON THE EVE OF THE 
ADJOURNMENT OF THE U.S. CONGRESS AND THE DEATH IN 
COMMITTEE OF THE ZIMBABWE DEMOCRACY ACT.  HOME AFFAIRS 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  05692  101517Z 
MINISTER JOHN NKOMO APPEARS TO HAVE HINTED AT THIS 
AMNESTY WHEN HE MADE HIS RECENT REMARK, IN RELATION TO 
THE SHUTTING DOWN OF THE PRIVATE CAPITAL RADIO STATION, 
THAT "THESE DAYS OF RUNNING TO THE COURTS WILL END SOON, 
VERY SOON."  (REFTEL). 
 
¶5.  (C) ACTION REQUEST: IT IS OUR SENSE THAT THIS 
AMNESTY VIOLATES HUMAN RIGHTS NORMS, AND POSSIBLY 
ZIMBABWE'S COMMITMENTS UNDER INTERNATIONAL LAW, AND IS 
REPUGNANT TO THE SPIRIT IF NOT THE LETTER OF THE RULE OF 
LAW.  WE REQUEST DEPARTMENT'S LEGAL ASSESSMENT IN THIS 
CONNECTION.   SHOULD THE DEPARTMENT CONFIRM OUR 
CONCERNS, POST RECOMMENDS THAT THE USG APPROACH AND 
LODGE A PROTEST WITH THE GOVERNMENT OF ZIMBABWE.  WE 
WOULD APPRECIATE DEPARTMENT'S GUIDANCE ON THE 
APPROPRIATE LANGUAGE TO USE IN SUCH A DEMARCHE. 
 
IRVING 
 
                       CONFIDENTIAL 
 
>