Today the African Commission on Human and Peoples’ Rights, the judicial organ of the African Union held a hearing on the case of Gabriel Shumba versus the Government of Zimbabwe, case no. 288/2004. The matter was heard in the capital of Banjul, The Gambia.

 

Gabriel Shumba is a Zimbabwean human rights lawyer and activist who was arrested when he was defending an opposition Member of Parliament on 14 January 2003. Mr Shumba and four others, including his young brother Bishop, were detained for three days in clandestine jails. Mr Shumba was interrogated in an underground torture chamber by over twenty secret police and army personnel.  During his torture, Mr Shumba was electrocuted on his genitals and in the mouth. He was also urinated upon and forced to drink his own blood as well as to sign a confession implicating him in treason.

 

When brought before a magistrate who ordered a medical examination, torture was confirmed. The magistrate, Caroline Anne Chigumira, acquitted Mr Shumba. She was subsequently hounded from the bench as was the prosecutor, Charles Selemeni, who was dealing with the case. Mr Shumba was later threatened with death and fled to South Africa, where he is currently pursuing doctoral studies in human rights law.

 

Mr Shumba, appearing with his lawyer, Professor David Padilla, described in great detail the degrading treatment he had been subjected to and the physical and psychological trauma this has caused to him and his family. On behalf of his client, Professor Padilla argued that it would be illogical to expect Mr Shumba to return to Zimbabwe to argue his case, as Zimbabwean law does not recognise torture as an offence. He also argued that if his client were to return to Zimbawe, he would be killed. He noted that some of Mr. Shumba’s torturers have in fact been promoted in the past two years.

 

The government was represented by the Director of Public Prosecutions, Ms Loice Matanda-Moyo and lawyers Margaret Chiduku and Revai Sweto. The government argued that Mr. Shumba was still wanted for treasonous activities in Zimbabwe, at the same time declaring that Mr Shumba was in no danger if he were to return to the country. Mr Shumba then countered: ‘I agree with the government that I am a fugitive. However, contrary to what government says, I am a fugitive from injustice and repression’. Mr Shumba went on to say that if he was wanted for any crime, there should be a warrant of arrest and extradition proceedings against him. The government was unable to say that such a warrant exists. Interestingly, at no time during the hearing did the government spokespersons deny that Mr. Shumba had been tortured.

 

During the hearing, the 9 Commissioners present directed a number of pointed questions to the government. The hearing lasted 1 hour 15 minutes, which is indicative of the seriousness with which the Commission sees this case. At the conclusion of the case, Mr Shumba thanked the Chairperson, Madam Salamata Sawadogo and other members of the Commission. A decision on the case is expected shortly.

 

Phone, Gambia +220 701 9036

 

Zimbabwe Exiles Forum

Centre for Human Rights, University of Pretoria, Pretoria 0002, South Africa. E-Mail: zimexiles@webmail.co.za  or gabmrech@yahoo.com Website: www.zimexilesforum.com

 

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