The Observatory has beeninformed by reliable sources about the compensation of Ms. Jestina MungarevaMukoko, Executive Director of the Zimbabwe Peace Project (ZPP)[1] and Board Member of theZimbabwe Human Rights NGO Forum.
According to theinformation received, on September 27, 2018, the High Court of Zimbabwe orderedthe Zimbabwean State to pay a total of 150,000 USD (around 130,580 Euros) toMs. Jestina Mukoko before October 31, 2018, in compensation for the abduction,incommunicado detention and torture she suffered at the hands of state securityagents in 2008 (see background information below). The sum includes 100,000 USDfor her claims and 50,000 USD as a contribution towards her legal costs.
The Observatory recallsthat in December 2008 Ms. Mukoko was abducted, detained incommunicado andsubjected to torture. After her release from prison on March 2, 2009, Ms.Jestina Mukoko and her lawyer undertook legal action against the State,demanding a 220,000 USD (around 191,600 Euros) compensation for her abduction.In September 2009, the High Court of Zimbabwe granted Ms. Jestina Mukoko apermanent stay of prosecution considering the violation of her fundamentalrights by state security agents. Indeed, Ms. Mukoko was subjected to tortureand inhumane and degrading treatment (i.e. simulated drowning, being locked ina freezer, physical assaults) by the agents who tried to make her confess plottingagainst Robert Mugabe’s administration.
On March 27, 2017, the HighCourt ruled that those who had illegally arrested her could be sued in theirpersonal capacities. However, Ms. Mukoko decided not to continue pursuing heralleged abductors.
The Observatory welcomesthe award of compensation to Ms. Jestina Mukoko and thanks all the persons,organisations and institutions that intervened in her favour. The Observatoryrecalls that this is the first major award of compensation from the State to ahuman rights defender in Zimbabwe.
Background information:
On December 3, 2008, Ms. Mukoko was abducted by a group of 15unidentified armed men from her home in Norton. On December 8, 2008, Messrs.Broderick Takawira, ZPP Provincial Coordinator, and Pascal Gonzo, ZPP driver,were also abducted by at least five men at the ZPP offices in Harare. Ms.Mukoko and Mr. Broderick’s whereabouts remained unknown until December 24,2008, when they first appeared before the Harare Magistrates Court, after weeksof incommunicado detention.
On January 5 and 6,2009, Ms. Mukoko, Mr. Gonzo and Mr. Takawira, accused by theGovernment of “recruiting or goading other people to undergo military trainingin neighbouring Botswana aimed at toppling Robert Mugabe’s Government”, appearedbefore the Harare Magistrates Court. The hearing in Ms. Mukoko andMr. Takawira’s case was then postponed, pending a decision of the HighCourt on an application demanding further medical examination in awell-equipped hospital, as they reportedly bore signs of torture andill-treatment.
The Observatory wasfurther informed that during the first ten days of her detention, Ms. Mukokowas not allowed to take medication for an allergic condition, and wasprescribed medication for anxiety and insomnia by an army doctor who hadfacilitated acts of torture against her.
Messrs. PascalGonzo and Broderick Tarawira were released on bail by the High Court ofZimbabwe on February 6 and 26, 2009, respectively.
On March 2, 2009, Ms.Jestina Mukoko was released on bail by the Harare Magistrates Court’s decision,on payment of 600 USD (around 523 Euros).
How You Can Help
Please write to theauthorities of Zimbabwe asking them to:
- Guarantee inall circumstances the physical and psychological integrity of Ms. JestinaMukoko and all human rights defenders in Zimbabwe;
- Put an end to all actsof harassment, including at the judicial level, against all human rights defenders inZimbabwe, and ensure that they are able to carry out their activitieswithout hindrance;
- Conform to theprovisions of the UN Declaration on Human Rights Defenders, adopted by theGeneral Assembly of the United Nations on December 9, 1998, especially Articles1 and 12; and
- Ensure in allcircumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and the internationalhuman rights instruments ratified by Zimbabwe.
