News / National
Man sues police over HIV medication
09 Sep 2012 at 07:01hrs | Views
An HIV-positive Harare man has made a constitutional application at the Supreme Court, challenging the infringement of his rights by law enforcement officers who allegedly denied him medication while he was in custody facing treason charges, the NewsDay reported yesterday.
In his court papers, Douglas Muzanenhamo, who has lived for 18 years with the condition, is suing, among others, Police Commissioner-General Augustine Chihuri, the Zimbabwe Republic Police, Home Affairs co-ministers Kembo Mohadi and Theresa Makone, Justice minister Patrick Chinamasa and Commissioner of Prisons Paradzai Zimhondi.
Muzanenhamo was among the 45 activists arrested in February last year together with University of Zimbabwe lecturer Munyaradzi Gwisai and faced treason charges for allegedly plotting to topple President Robert Mugabe using the Egypt-style revolts.
In papers filed by his lawyers from the Zimbabwe Lawyers for Human Rights, Muzanenhamo said he now suffered from mental loss, bad eyesight, nightmares and bouts of depression as a result of the ill-treatment at the hands of the police and prison officers.
"Apart from the obvious tortous mental distress, missing my ARV (anti-retroviral) treatment has profoundly negative effects on my physical health and consequently my right to life. The denial of access to my ARVs, which to me are life-sustaining, contravened the constitutional protection against inhuman treatment and the right to life," said Muzanenhamo.
He said after taking ARVs for some time, his CD4 count improved to 800 from 200, but suddenly declined to 579 due to refusal by the police to allow him to take medication.
Muzanenhamo cited the officer-in-charge of CID Law and Order in his official capacity as the first respondent, officer commanding Harare Central District as second respondent, while third respondents are Chihuri, Makone, Mohadi and the officer-in-charge of Harare Central Prison.
Muzanenhamo said he shared a filthy, crowded cell that accommodates eight inmates, with 15 other suspects.
The cell, according to Muzanenhamo, was dirty and had human waste all over, conditions that compromised his immune system.
"There were no blankets, a situation that was compounded by the fact that I had been forced to surrender my jacket. There were no mattresses and, to my horror, I was made to sleep on the hard concrete slab in the cell. It was not just cold and inhuman, but the cells were also filthy and had human excreta."
Muzanenhamo said he kept on raising complaints about his treatment and as punishment was put into solitary confinement for four days as well as eight others who had declared their statuses.
"As a result, I suffer from memory loss, bad eyesight, nightmares and bouts of depression."
In his court papers, Douglas Muzanenhamo, who has lived for 18 years with the condition, is suing, among others, Police Commissioner-General Augustine Chihuri, the Zimbabwe Republic Police, Home Affairs co-ministers Kembo Mohadi and Theresa Makone, Justice minister Patrick Chinamasa and Commissioner of Prisons Paradzai Zimhondi.
Muzanenhamo was among the 45 activists arrested in February last year together with University of Zimbabwe lecturer Munyaradzi Gwisai and faced treason charges for allegedly plotting to topple President Robert Mugabe using the Egypt-style revolts.
In papers filed by his lawyers from the Zimbabwe Lawyers for Human Rights, Muzanenhamo said he now suffered from mental loss, bad eyesight, nightmares and bouts of depression as a result of the ill-treatment at the hands of the police and prison officers.
"Apart from the obvious tortous mental distress, missing my ARV (anti-retroviral) treatment has profoundly negative effects on my physical health and consequently my right to life. The denial of access to my ARVs, which to me are life-sustaining, contravened the constitutional protection against inhuman treatment and the right to life," said Muzanenhamo.
He said after taking ARVs for some time, his CD4 count improved to 800 from 200, but suddenly declined to 579 due to refusal by the police to allow him to take medication.
Muzanenhamo cited the officer-in-charge of CID Law and Order in his official capacity as the first respondent, officer commanding Harare Central District as second respondent, while third respondents are Chihuri, Makone, Mohadi and the officer-in-charge of Harare Central Prison.
Muzanenhamo said he shared a filthy, crowded cell that accommodates eight inmates, with 15 other suspects.
The cell, according to Muzanenhamo, was dirty and had human waste all over, conditions that compromised his immune system.
"There were no blankets, a situation that was compounded by the fact that I had been forced to surrender my jacket. There were no mattresses and, to my horror, I was made to sleep on the hard concrete slab in the cell. It was not just cold and inhuman, but the cells were also filthy and had human excreta."
Muzanenhamo said he kept on raising complaints about his treatment and as punishment was put into solitary confinement for four days as well as eight others who had declared their statuses.
"As a result, I suffer from memory loss, bad eyesight, nightmares and bouts of depression."
Source - NewsDay
