Mwonzora and 32 MDC activists case has been referred to the Supreme Court
by MDC Information & Publicity Department
The case of MDC national chairperson and Nyanga North MP, Hon. Dougals Mwonzora and 32 MDC activists who are facing trumped up charges of political violence has been referred to the Supreme Court after they challenged their continued placement on remand.
Hon. Mwonzora and the MDC activists were arrested in February in Nyanga and spend more than a month in remand prison in Mutare. In their referral application letter to the Supreme Court, the group said their rights guaranteed under the country’s constitution have been violated.“It is submitted that Applicant’s fundamental rights, provided for in the Constitution of Zimbabwe, and other International Human Rights Instruments to which Zimbabwe is a state party, have been violated,” the applicants said in their application.
The group say their right to liberty as enshrined in Section 13 of the Constitution, right to protection of the law as enshrined in Section 18 of the Constitution and protection from inhuman and degrading treatment as enshrined in Section 15 (1) of the Constitution have been violated.Nyanga magistrate Ignatio Mhene made the ruling brought before him by the group’s lawyer, Jeremiah Bamhu. One of the activists who were arrested and detained in remand, Rwisai Nyakauru, 82, and a village died in April. Nyakauru, was abducted from his home 14 February 2011, detained and assaulted at Taziwa Shopping Centre in Nyanga before he was handed over to the police at Nyamaropa Police Station, who charged him with contravening section 36 (1) (a) of the Criminal Law (Codification and Reform) Act.
He was assaulted all over the body by a group led by war veteran Wilfred Pokoto with sticks and a cattle prod during his detention. His assailants, who accused him of leading MDC supporters to destroy some shops belonging to Zanu PF supporters in the area, ordered him to lie on his stomach before brutally assaulting him. The mob took away his spectacles. As a result of the malevolent and unjustified actions of the State, Nyakauru languished in remand where his condition deteriorated. At one time he collapsed while in his prison cell but prison authorities refused to provide him with treatment at Mutare Provincial Hospital.
A medical report prepared on 10 March 2011 by prison doctors at Mutare Remand Prison showed that Nyakauru had suffered from chest pains, severe broncho spasm and respiratory infection during his detention in prison.
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