Minors claim $6000 from Chihuri and Mohadi

THE trial of Home Affairs Minister Kembo Mohadi and Police Commissioner-General Augustine Chihuri commenced on Tuesday 30 June 2015 at Chiredzi Magistrates Court with two minors claiming $6 000 for damages suffered from an unprecedented violation of their fundamental rights.

Zimbabwe Lawyers for Human Rights (ZLHR) Communications officer Kumbirai Mafunda said Mohadi, Chihuri and the Officer In charge of Triangle Police Station are cited as defendants in their official capacity and are being held vicariously liable for the acts of their subordinates who unleashed a wave of terror at Chingwizi Transit Camp in Masvingo province in August 2014.

In summons filed at Chiredzi Magistrates Court, 10 year old Prince Chikore, who is represented by her guardian Zulu Jinya is demanding payment of $3 000 from Mohadi, Chihuri and the Officer In Charge of Triangle Police Station whom the juvenile accused of authorising the deployment of some police officers, who set dogs on him when they indiscriminately arrested and severely assaulted some Chingwizi Internally Displaced Persons (IDPs) in August 2014.

Police launched a pre-dawn raid on Chingwizi Transit Camp on Sunday 03 August 2014 where they rounded up close to 300 villagers in a crackdown which netted some IDPs whom they deemed a threat and which culminated in the torching of the villagers' tents.

The police later trimmed down the number of detained villagers to 29 before charging them with committing public violence in contravention of Section 36 of the Criminal Law (Codification and Reform) Act. The police and prosecutors claimed that the villagers including an 84 year-old village head Kandros Purazeni masterminded the assault of police officers and burnt police vehicles and rifles when they protested against the forced relocation of a clinic from Chingwizi Transit Camp to Nuanetsi Ranch.

But it is payback time for the police officers after the IDPs through their lawyers Peggy Tavagadza and Blessing Nyamaropa of Zimbabwe Lawyers for Human Rights filed summons for damages against Mohadi, Chihuri and the Officer In Charge of Triangle Police Station following their acquittal in December 2014.

On Tuesday 30 June 2015, the Chiredzi Magistrates Court heard that police officers who launched an indiscriminate blitz on Chingwizi Transit Camp violated Prince's constitutionally guaranteed rights of freedom from torture or cruel, inhuman or degrading treatment or punishment when they set dogs on him resulting in him sustaining some injuries of which he had to travel to Harare to receive medical treatment. The police officers also forced Prince to "mourn" over the burnt shell of a police vehicle.

Prince charges that he suffered damages amounting to $3 000 as a result of the violation of his fundamental rights. The juvenile's uncle, Zulu Jinya is also suing for unlawful arrest, illegal detention and assault.

Six out of 34 cases filed by the Chingwizi IDPs will be heard this week at the Chiredzi Magistrates Court.

Apart from Prince, one year-old Precious Mapanzure, through her mother Ellen Muteiwa aged 40 years is also suing Mohadi, Chihuri and the Officer In Charge of Triangle Police Station for $3 000 for deprivation of her fundamental rights.
According to summons filed at Chiredzi Magistrates Court, Precious is demanding payment of $3 000 as damages for the violation of her right to health care as enshrined in section 76 of the Constitution and her right to food and water as guaranteed in section 77 of the Constitution which she was denied at the time when police officers arrested and detained her mother.

Precious developed thrush, a fungal infection and diaper rash after she spent 48 hours while wearing wet diapers as her mother was denied access to a mobile phone to request for the supply of diapers from home. Precious was also denied an opportunity to breast feed while she was in police custody together with her mother.

On Thursday 02 July 2014, the Chiredzi Magistrates Court will hear the matter in which 40 year-old Tapson Makusha and Sophia Tagwirei aged 39 are also suing for $3 000.

Most of the IDPs were denied access to their lawyers by the police officers despite demand in violation of their right to legal representation as enshrined in section 50 of the Constitution.

The villagers also alleged that they were denied food and were deprived of medical attention during detention in police cells and as a result of the violation of their fundamental rights they suffered damages amounting to $3 000 each.