VZCZCXRO8488
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSB #0461/01 1531510
ZNR UUUUU ZZH
R 021510Z JUN 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC 4561
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHUJA/AMEMBASSY ABUJA 2295
RUEHAR/AMEMBASSY ACCRA 2861
RUEHDS/AMEMBASSY ADDIS ABABA 2980
RUEHRL/AMEMBASSY BERLIN 1419
RUEHBY/AMEMBASSY CANBERRA 2243
RUEHDK/AMEMBASSY DAKAR 2610
RUEHKM/AMEMBASSY KAMPALA 3028
RUEHNR/AMEMBASSY NAIROBI 5469
RUEHGV/USMISSION GENEVA 2152
RUZEHAA/CDR USEUCOM INTEL VAIHINGEN GE
RUEAIIA/CIA WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RHEFDIA/DIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/JOINT STAFF WASHDC
RHEHAAA/NSC WASHDC

UNCLAS SECTION 01 OF 03 HARARE 000461 
 
SENSITIVE 
SIPDIS 
 
AF/S FOR B. WALCH 
DRL FOR N. WILETT 
ADDIS ABABA FOR USAU 
ADDIS ABABA FOR ACSS 
NSC FOR SENIOR AFRICA DIRECTOR M. GAVIN 
STATE PASS TO USAID FOR L.DOBBINS AND E.LOKEN 
 
E.O. 12958: N/A 
TAGS: PHUM ASEC KDEM PGOV PREL ZI
SUBJECT: AG'S OFFICE STILL PURSUING LAWYER, JOURNALISTS, WOZA 
 
REF: HARARE 332 
 
------- 
SUMMARY 
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¶1. (SBU) The harassment of human rights lawyers and independent 
journalists continues as the Attorney General's (AG) office--headed 
by ZANU-PF stalwart Johannes Tomana--shows no signs of letting up on 
politically motivated criminal prosecutions.  Human rights lawyer 
Alec Muchadehama and Zimbabwe Independent journalists Vincent Kahiya 
and Constantine Chimakure were back in court again on May 28 on 
trumped up charges.  In addition, a group of eight women and two 
lawyers were acquitted of charges of disturbing the peace during a 
February Women of Zimbabwe Arise (WOZA) march in a trial that 
demonstrated the ineptitude of both the prosecutor's office and the 
police.  On June 1, the magistrate removed Muchadehama's case from 
remand, stating that there is no evidence against him.  Nonetheless, 
the State may still pursue the case.  END SUMMARY. 
 
----------------------------- 
Arrest of Human Rights Lawyer 
----------------------------- 
 
¶2. (SBU) Popular human rights lawyer Alec Muchadehama was arrested 
on May 13 for allegedly conniving with a judge's clerk to facilitate 
the release on bail of three men accused of bombing police stations 
(ref A).  On April 9, after months of legal maneuvering, High Court 
Judge Charles Hungwe granted bail.  As has become customary, the 
Attorney General's office indicated it wished to appeal, starting 
the seven day clock to file the appeal while the three prisoners 
remained in custody.  When the AG failed to file the appeal to the 
Supreme Court within the requisite period, the prisoners were 
released on bail as directed by Judge Hungwe.  On April 17 
Muchadehama processed the necessary papers together with a court 
clerk, who was also arrested for obstruction of justice, and the 
three prisoners were released on bail.  In a highly unprecedented 
move, Attorney General Tomana ordered Muchadehama's arrest.  The 
AG's office argues that the seven day window excludes holidays and 
weekends, a contention that is now before the Supreme Court. 
 
--------------------------------------------- - 
Magistrate Rules in Muchadehama's Favor 
--------------------------------------------- - 
 
¶3.  (SBU) At the May 28 hearing, Muchadehama's lawyer, respected 
human rights defender Beatrice Mtetwa, argued that there were no 
facts showing that an offense was committed and Muchadehama should 
be removed from remand.  At most there was a difference of opinion 
on how to compute the seven day period within which the Attorney 
General's appeal had to be filed in the Supreme Court.  Furthermore, 
on April 17 Muchadehama had advised the AG of his intention to 
procure his clients' release on bail, dmonstrating that he was open 
in his actions and did not obstruct justice.  The State, which 
Qin his actions and did not obstruct justice.  The State, which 
argued to keep Muchadehama on remand for a June 17 trial, came to 
court with a whopping six lawyers.  On June 1 Magistrate Catherine 
Chimanda ruled in Muchadehama's favor and removed the case from 
remand on the basis that there is no evidence that he intended to 
obstruct justice.  The State still has the right to pursue the case 
by summoning Muchadehama to court.  The magistrate's ruling, 
however, lends credence to Muchadehama's argument that his arrest 
and the charges were purely political. 
 
--------------------------------------------- - 
Independent Journalists to Stand Trial in June 
 
HARARE 00000461  002 OF 003 
 
 
--------------------------------------------- - 
 
¶4. (SBU) In a related matter, Chimanda remanded journalists Vincent 
Kahiya (Editor) and Constantine Chimakure (News Editor) of the 
Zimbabwe Independent to June 16 for trial.  The two were arrested on 
May 11 for publishing the names of police officers and others 
involved in the abductions of human rights defender Jestina Mukoko 
and others in 2008.  They are charged with "publishing falsehoods 
likely to cause disaffection in the security forces."  The 
information was obtained from public court documents filed by the 
Attorney General in the High Court. (NOTE: We have copies of the 
indictments, and the news article accurately reflects their 
contents.  END NOTE.) 
 
 
-------------------------------------------- 
Magistrate Chimanda's Impartiality In Doubt 
-------------------------------------------- 
 
¶5. (SBU) Although Chimanda ruled in Muchadehama's favor, several 
lawyers have told us they believe Chimanda is compromised as she 
presides over these highly political and sensitive cases.  In 
Muchadehama's hearing, she nearly engaged in a shouting match with 
Beatrice Mtetwa and had difficulty concealing her hostility for the 
two human rights defenders.  Chimanda also recently ruled to 
withdraw the bail conditions for the abductees on May 13. 
 
------------------------------------- 
Acquittals for WOZA Women and Lawyers 
------------------------------------- 
 
¶6. (SBU) Also on May 28, eight women and two lawyers with Zimbabwe 
Lawyers for Human Rights (ZLHR) were acquitted of disturbing the 
peace during a WOZA march on February 10.  The two relatively junior 
and inexperienced prosecutors called on four police officers as 
their witnesses.  Although some of the officers have over 20 years 
of police service, they were extremely unprepared and fumbled 
through their testimony.  Their inability to accurately state the 
laws that govern public meetings, notification, and how police 
should disperse such gatherings reflected poorly on both the 
officers and the prosecution's efforts to prepare them to provide 
testimony.  Near the end of the trial, the magistrate himself 
smirked at the police officer's feeble testimony. 
 
-------------------------------------------- 
COMMENT: Small Cases Add Up to Big Problem 
-------------------------------------------- 
 
¶7. (SBU) It will be difficult to restore respect for human rights in 
Zimbabwe's justice system without the appointment of an impartial 
Attorney General.  President Mugabe's continued refusal to revisit 
Tomana's appointment is consistent with ZANU-PF's ongoing badgering 
of its opponents through politically motivated arrests and 
prosecutions.  As we watched the WOZA trial stumble along, it 
appeared that the State did not even intend to win, but rather 
Qappeared that the State did not even intend to win, but rather 
sought to use the trial as an opportunity to further harass WOZA and 
Zimbabwe Lawyers for Human Rights.  The arrest of Muchadehama and 
the journalists continues this pattern of using the courts to curb 
political freedom and instill fear among those who would speak out, 
particularly in cases associated with the abductees.  While the MDC 
continues to imply publicly that these court cases are not "big 
issues," we disagree.  As long as ZANU-PF pursues politically 
motivated arrests and controls the courts--including the 
magistrates--, it will continue to maintain control of the 
institutions that can restore individual freedoms to Zimbabwe.  END 
 
HARARE 00000461  003 OF 003 
 
 
COMMENT. 
 
MCGEE