VZCZCXRO4428
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSB #0866/01 3030907
ZNR UUUUU ZZH
R 300907Z OCT 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC 5088
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHUJA/AMEMBASSY ABUJA 2398
RUEHAR/AMEMBASSY ACCRA 3138
RUEHDS/AMEMBASSY ADDIS ABABA 3250
RUEHRL/AMEMBASSY BERLIN 1677
RUEHBY/AMEMBASSY CANBERRA 2511
RUEHDK/AMEMBASSY DAKAR 2880
RUEHKM/AMEMBASSY KAMPALA 3298
RUEHNR/AMEMBASSY NAIROBI 5746
RUEHGV/USMISSION GENEVA 2430
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
RUEKJCS/JOINT STAFF WASHDC
RHEHAAA/NSC WASHDC

UNCLAS SECTION 01 OF 02 HARARE 000866 
 
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 
STATE PASS TO DOL FOR S. HALEY 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KDEM ASEC UN ZI
SUBJECT: ZIM OFFICIALS MISTREAT, DEPORT UN SPECIAL RAPPORTEUR ON 
TORTURE 
 
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SUMMARY 
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¶1. (SBU) The UN Special Rapporteur on torture and other cruel, 
inhuman or degrading treatment or punishment, Manfred Nowak, was 
deported from Zimbabwe on October 29 after officials at the Harare 
International Airport refused him entry the previous evening.  He 
was scheduled to visit Zimbabwe October 28 through November 4 at the 
invitation of Minister of Justice Patrick Chinamasa (ZANU-PF).  His 
invitation, however, was rescinded on October 26 when the government 
told him to postpone his trip.  Nowak delayed a day and came to 
Harare on October 28 after receiving an invitation to meet with 
Prime Minister Morgan Tsvangirai.  END SUMMARY. 
 
----------------------------- 
"Serious Diplomatic Incident" 
----------------------------- 
 
¶2. (U) Manfred Nowak, an Austrian human rights lawyer and the UN 
Special Rapporteur on torture and other cruel, inhuman or degrading 
treatment or punishment was deported from Zimbabwe on the morning of 
October 29 after being detained in the airport VIP lounge overnight. 
 Nowak told a reporter that it was a "serious diplomatic incident." 
 
 
¶3. (SBU) Nowak and two assistants arrived at Harare International 
Airport at 9:20 p.m. local time on October 28 on the last flight of 
the day from Johannesburg, South Africa.  Security officials blocked 
Nowak's entry and berated him in the baggage collection area before 
ordering him to a private office in the airport.  When Nowak 
explained that he had a letter of invitation from Prime Minister 
Morgan Tsvangirai, a security official responded that the Ministry 
of Foreign Affairs (MFA) had not cleared the meeting.  The UN Deputy 
Resident Representative, Lare Sisay, was at the airport to receive 
Nowak, but security officials denied him access to Nowak and his 
delegation. (NOTE: Nowak arrived on the same flight as officials 
from the Southern Africa Development Community (SADC) Troika, who 
observed the incident.  END NOTE.) 
 
---------------- 
Nowak is Furious 
---------------- 
 
¶4. (SBU) On arrival in Johannesburg on October 29, Nowak told 
journalists that he had "never been treated as rudely by any 
government as the Government of Zimbabwe."  He further explained 
that while he was detained in the airport, he phoned Tsvangirai's 
aides who sent a delegation to get him.  On arrival, however, 
security officials refused to grant the delegation access to the 
airport interior and denied knowing Nowak's whereabouts.  Nowak also 
told the press that if the Prime Minister "is not in a position to 
clear my entrance to the country, that is a very, very alarming 
signal about the power structure of the government." 
 
----------------------------------------- 
Government Invited, then Un-invited Nowak 
QGovernment Invited, then Un-invited Nowak 
----------------------------------------- 
 
¶5. (SBU) Minister of Justice Patrick Chinamasa (ZANU-PF) had invited 
Nowak to visit Zimbabwe October 28-November 4 on an official 
fact-finding mission.  The visit came as a surprise to many, as it 
was the first invitation from the Zimbabwean government to an 
 
HARARE 00000866  002 OF 002 
 
 
official working for the UN's Human Rights Council.  According to 
Sisay, Chinamasa apparently made the invitation in an effort to 
regularize relations with human rights bodies without understanding 
that, under the terms of reference, Nowak would have free reign to 
speak with whomever he chose during his visit.  Rather, the 
government believed it could control his schedule and limit his 
access to torture victims and the NGOs that assist them.  Sisay 
believes that when the ZANU-PF elements of the government figured 
out they could not control Nowak's schedule, they turned off the 
visit.  Nowak told journalists at his Johannesburg press conference 
that "there are certainly some parts of the government who do not 
want me to assess the current conditions of torture." 
 
¶6. (U) On October 26, the Ministry of Foreign Affairs contacted 
Nowak's Geneva office and asked him to postpone his visit, stating 
that the government "regrets to advise that due to the previously 
unanticipated consultative process... the Government of Zimbabwe 
will be unable to receive the Special Rapporteur on the proposed 
dates."  Nowak only learned that the GOZ was rescinding his 
invitation after he had arrived in Johannesburg in transit to 
Harare.  Joey Bimha, the Permanent Secretary in the Ministry of 
Foreign Affairs, told the press on October 29, "We had no option but 
to send (Nowak) back because we had informed him that his services 
were no longer needed here." Sisay told us he spoke with the 
Ministry of Foreign Affairs today to seek an explanation of GOZ 
actions.  An official told him the visit was inopportune because 
government officials needed to attend to the visiting SADC Troika 
delegation.  When Sisay responded that the SADC visit would only 
last a day or two but that Nowak was scheduled to be in Harare for 
almost a week, there was no reply. 
 
¶7. (SBU) Commenting on the incident in the press, MDC Spokesman 
Nelson Chamisa described it as "an act of recklessness by ZANU-PF." 
He continued, "How on earth can we attract investment when we shun 
good will? Investors want confidence and there is no way you can 
build that when Zimbabwe behaves like another Burma." 
 
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COMMENT 
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¶8. (SBU) This is just the latest example of the rapidly escalating 
tension in Zimbabwe in the aftermath of the MDC's decision to 
disengage from ZANU-PF.  In addition, it is notable that a letter of 
invitation from the Prime Minister was completely disregarded by the 
"security officers" at the airport who went on to lie to 
Tsvangirai's delegates about Nowak's whereabouts.  Despite visits 
earlier this year by prominent human rights figures including 
Amnesty International's Secretary General, the window of political 
QAmnesty International's Secretary General, the window of political 
space is quickly shrinking as ZANU-PF digs in and asserts its power 
in the increasingly shaky "inclusive" government.  END COMMENT. 
 
PETTERSON