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Nkayi villagers tortured, forced to sing war songs in prison cell

Zimbabwe Lawyers for Human Rights

ELEVEN villagers from Nkayi, Matabeleland North province, were allegedly forced to sing liberation songs during interrogation following their arrest on charges of stealing diesel in Gokwe, Midlands province.

The villagers, who reside in Tshayane village, ward 6, Nkayi, were left nursing injuries after they were allegedly tortured and assaulted by seven police officers from Manoti Police Station in Gokwe.

The incident occurred on July 14.

The villagers   Siphiwe Sibanda (18), Bekithemba Lunga (19), a 13-year-old minor, Philemon Ncube (21), Precious Nkiwane (25), Mxolisi Ncube (27), Sitshengisiwe Tshuma (38), Siphiwe Ncube (45), Douglas Lunga (46), Rueben Ncube (52) and Chiedza Takaendesa (55)   are being represented by the Zimbabwe Lawyers for Human Rights (ZLHR).

Their torture is revealed in a letter of complaint addressed to the Officer-in-Charge Manoti Police Station by ZLHR lawyers Jabulani Mhlanga and Prisca Dube.

In the letter, the villagers protested against the violent raid conducted by police details on homesteads belonging to Sibanda, Ncube and Lunga.

The police details allegedly claimed that they were investigating a case of theft of diesel belonging to Oscar Mawarire, a local entrepreneur.

According to ZLHR, the police details, who were armed with an assault rifle, truncheons and whips, assaulted the villagers, including a minor.

The lawyers said the villagers were coerced to sing liberation songs and were further assaulted for allegedly failing to sing correctly.

“The officers rummaged through the villagers’ homesteads even though they did not have search warrants authorising their actions and proceeded to seize various tools from the homesteads, alleging that they were weapons used by the villagers in committing criminal activities,” the lawyers wrote.

The human rights lawyers said although Mawarire, who is the complainant in the matter, informed the police details that the villagers were not the suspects, the law enforcement agents insisted on arresting them.

Subsequently, seven of the villagers were arrested and taken to a police post located at Kana Mission.

“The villagers were not given an opportunity to wear their shoes or warm clothing and were not informed of their rights at the time of being apprehended,” the lawyers wrote.

They noted that police details reportedly threatened to set an example with the villagers to deter thieves from Matabeleland North from crossing into Midlands.

“At the police base, the villagers were made to sleep on concrete floors, without blankets and with no ablution facilities, with men being handcuffed to each other,” the lawyers wrote.

The villagers were released on July 15, 2024 “after being ordered to pay US$30 each by a police officer”.

“. . . but (they) were not issued with any receipts acknowledging payment of what was supposed to be an admission of guilt fine and were also not furnished with request for medical report forms in order for them to seek medical attention at government-run medical facilities.”

The villagers received medical treatment at a private medical facility and afterwards engaged Mhlanga and Dube.

On August 1, they wrote a letter of complaint to the Officer-in-Charge of Manoti Police Station through the ZLHR demanding an inquest into the conduct of the police details who tortured them.

The rights lawyers said the conduct of the police details infringed on the fundamental rights of the villagers including the right to liberty, equality, non-discrimination, dignity, bodily and psychological integrity as well as protection from cruel, inhumane or degrading treatment.

They said the conduct of the police officers amounted to a serious breach of their constitutional mandate.

The Officer-in-Charge of Manoti Police Station is yet to respond to the letter.

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