The Governing Council of the Inter-Parliamentary Union,

Referring to the case of the above-mentioned Zimbabwean parliamentarians, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/178/12(b)-R.1), and to the resolution adopted at its 177th session (October 2005),

Referring also to the Committee’s report on its on-site mission to Zimbabwe (CL/175/11(a) R.2) carried out from 24 March to 2 April 2004,

Taking account of the hearing the Committee held with the Deputy Speaker and the Clerk of the National Assembly in Nairobi,

Recalling that the concerns in this case relate to the arrest and detention, mostly on charges brought under the Public Order and Security Act (POSA), of the former and incumbent members of parliament concerned, the torture and ill-treatment of some of them while in detention, and attacks against them or their property; recalling also that most of these incidents occurred in the context of the 2000 parliamentary elections, the presidential elections of March 2002 and a mass stay-away organized by the opposition Movement for Democratic Change in March and June 2003,

Considering that legislative elections took place in March 2005 and that the MDC split over whether or not to participate in the Senate elections of November 2005,

Noting the following:

• judicial proceedings are reportedly still pending against Mr. Mutendadzamera, Mr. Ndlovu, Mr. Munyanyi, Mr. Madzore, Mr. Mutsekwa, Mr. Gwetu, Mr. Mangono, Mr. Mushoriwa, Mr. Madzimure and Ms. Thokozani Khupe;

• with respect to the attacks on the person or property as reported in the cases of Mr. Mhashu, Mr. Mutasa, Mr. Sansole and his family, Ms. Mpariwa, Mr. Chaibva and his father, and Mr. Chebundo, suspects were arrested in the case of Mr. Sansole and acquitted in court; no remedy seems to have been provided in the other cases, and cases were dismissed despite compelling evidence;

• with respect to the attacks by members of the police or military and/or the alleged ill-treatment in detention as reported in the cases of Mr. Mpandawana (who died in July 2003), Mr. Mutendadzamera, Mr. Mutasa, Mr. Ndlovu, Mr. Munyanyi, Mr. Mushoriwa, Mr. Madzore, Ms. Mpariwa and Ms. Masaiti, either no complaint has been lodged or the police stated that they had received no complaint, or again cases were closed for lack of evidence,

Recalling more particularly that:

• in February 2002, Mr. David Mpala was attacked by a group of about 18 men and severely injured; he died in February 2004; according to the police, six persons were arrested and charged with attempted murder, kidnapping and theft and five suspects were remanded to 30 March 2004 on charges of assault with intent to cause grievous bodily harm, kidnapping and theft, pending the setting of a trial date;

• on 21 May 2001, after attending a constituency meeting, Mr. Bhebhe was approached by a group of war veterans and ZANU-PF youths; they hit him on the head and when he fell to the ground they beat him all over his body, leaving him for dead; he reported the incident, giving the names of the perpetrators and a police report was drawn up; on 20 January 2005, however, when a court hearing was held, the case file reportedly turned out to have been lost;

• Mr. Mushoriwa was reportedly beaten up by about 20 soldiers in June 2000; he has lodged an official complaint but apparently no action has been taken;

• Mr. Munyanyi was arrested in September 2002 and charged with a murder, the charge being later dismissed; he was ill-treated while in detention and there are medical certificates attesting to the injuries he sustained;

• in August 2003, Mr. Mutasa brought a lawsuit against the authorities for the injuries he suffered during a reported assault on him by riot police in March 2003;

• Mr. Biti was arrested on 8 February 2003 when about to address a rally, and a case under POSA was brought against him; on 2 June 2003 he was rearrested and released on bail two days later, and treason charges were reportedly brought against him,

Recalling that Mr. Sikhala was tortured while in detention from 14 to 16 January 2003 on a charge of attempting to subvert a constitutionally elected government, the charge being dismissed in court; he gave a detailed testimony in court of his ordeal which was widely reported in the Zimbabwean media; investigations into his torture were opened upon Mr. Sikhala's complaint, in which he provided the names of suspects and a medical certificate; in their memorandum of 20 April 2004, the police stated that "although there has been a lot of hype which has tended to impair investigations in connection with this case, progress has been made in the investigations"; however, in their memorandum of 14 October 2005, the police stated that "the complainant has not been able to positively identify the accused persons and it has been difficult to finalize this case"; considering that in their memorandum of March 2006, the police stated that no progress had been made owing to Mr. Sikhala’s lack of cooperation; at the hearing, the delegation insisted that unless Mr. Sikhala identified the culprits, no results could be obtained,

Recalling lastly that Mr. Roy Bennett was the target of consistent harassment and abuse; his farm has been seized and occupied; six court rulings have been issued ordering the vacating of his farm but have not been executed to date; on 28 October 2004, the parliament sentenced him to an unsuspended one year prison term for contempt of parliament; and he served the sentence until his release for good conduct on 28 June 2005; Mr. Bennett has sought legal redress against the parliament's proceedings and filed a constitutional challenge in the Supreme Court; in the hearing held on this matter on 23 May 2005, the Attorney General (Intervenor) submitted that the impugned proceedings should be declared null as far as the sentence was concerned; considering that in March 2006 the Supreme Court ruled against Mr. Bennett; noting also that Mr. Bennett was reportedly sought in connection with an alleged plot to kill President Mugabe, and that he has since requested asylum abroad,

Bearing in mind that, in the resolution on Zimbabwe it adopted at its 38th Ordinary Session (21 November - 5 December 2005), the African Commission on Human and Peoples' Rights expressed concern at, inter alia, "… the lack of the rule of law and the growing culture of impunity" in Zimbabwe and urged the Government of Zimbabwe to respect fundamental rights and the freedoms of expression, association and assembly by repealing or amending repressive legislation, including POSA,

1. Thanks the Deputy Speaker and the Clerk of the National Assembly for their observations;

2. Is deeply concerned at the lack of any result in the investigation regarding Mr. Sikhala’s torture; considers that the authorities cannot properly argue that this is due to Mr. Sikhala’s failure to cooperate when in fact he has given a detailed testimony which, provided they have the will, would enable the authorities rapidly to identify the culprits; points out in this respect that in their first report on the investigation, the police stated that they were making progress;

3. Consequently urges the police to investigate this crime with due diligence and thoroughness, as their duty requires;

4. Recalls that the prohibition of torture is a norm of international law to which no exception can be made under any circumstances and that, according to the United Nations Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, "wherever there is reasonable ground to believe that an act of torture … has been committed, the competent authorities of the State concerned shall promptly proceed to an impartial investigation …";

5. Wishes to ascertain (i) the stage reached in the judicial proceedings brought against the persons suspected of the attack on Mr. Mpala and their result, if any; (ii) any action meanwhile taken on the complaints of Mr. Mutasa, Mr. Munyanyi and Mr. Mushoriwa; (iii) whether any proceedings are still under way against Mr. Biti; and (iv) official information on the current status of the other cases referred to in the sixth preambular paragraph;

6. Is deeply concerned that the court file concerning the attack perpetrated in May 2001 against Mr. Bhebhe has been lost, and wishes to ascertain whether in the meantime it has been found and justice is taking its due course;

7. Recalls that impunity, a human rights violation in itself, undermines the rule of law and encourages the repetition of crime; and reaffirms that parliaments must make every effort to prevent it;

8. Would appreciate receiving a copy of the Supreme Court ruling given on Mr. Bennett’s application to declare section 16 of the Privileges, Powers and Immunities Act unconstitutional and to declare null and void the contempt of parliament proceedings against him;

9. Points out once again that several court decisions ordering the vacation of Mr. Bennett’s farm have been given and not so far implemented; stresses that this is contempt of court, and would like to receive the observations of the authorities in this regard;

10. Requests the Secretary General to convey this resolution to the competent authorities, the parliamentarians concerned and the sources, inviting them to provide the requested information;

11. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 115th IPU Assembly (October 2006).

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* Resolution adopted by 105 votes to one, with three abstentions.

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