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/179/11(a)-R.1), and to the resolution adopted at its 178th session (May 2006),

Taking into account of the memorandum of 4 July 2006 of the Police General Headquarters, forwarded on 11 October 2006 by the Parliament of Zimbabwe,

Recalling that its concerns in this case relate to the arrest and detention, mostly on charges brought under the Public Order and Security Act (POSA), of 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,

Noting that according to the information provided by the Police, (i) the judicial proceedings that were pending against Mr. Mutendadzamera, Mr. Ndlovu, Mr. Munyanyi, Mr. Madzore, Mr. Gwetu, Mr. Mushoriwa, Mr. Madzimure, Mr. Mutsekwa, Ms. Khupe, Mr. Biti and Mr. Chamisa have been closed; (ii) that the investigations into complaints made by Mr. Mhashu, Mr. Sansole, Mr. Chaibva and Mr. Chebundo regarding attacks on their property and person have all been closed and that no one was brought to justice except in the case of Mr. Sansole, where the suspects were acquitted, and (iii) that 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. Ndlovu, 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,

Considering the following information provided by the Police General Headquarters:

• in the case of Mr. Mpala, who in February 2002 was attacked by a group of about 18 men and severely injured and died in February 2004; six persons were brought to trial and found guilty of kidnapping and assault with intent to do grievous bodily harm and commit theft, and were sentenced;

• on 20 June 2006, Mr. Melusi Ncube was found guilty of the attempt of 21 May 2001 on Mr. Abednico Bhebhe's life, and has been sentenced to 50 months' imprisonment;

• Mr. Mushoriwa lodged a complaint on 1 July 2000 of having been beaten by about 20 soldiers in June 2000; no arrests were made since he failed to identify the perpetrators and the case has been closed barring fresh evidence;

• As regards the alleged ill-treatment of Mr. Munyanyi while he was in detention in September 2002 and where medical certificates exist attesting to the injuries he had sustained, the police authorities were not made aware of the alleged ill-treatment; as a matter of procedure, when accused persons appear for the first time in court, a magistrate asks them how the Police treated them while in custody; the police are not aware of Mr. Munyanyi's having made any complaints to the magistrate;

• 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; the investigation has revealed that four of the cited officers were nowhere near the area of the incident on the said date and were therefore not linked to the case; one officer, who retired on 28 February 2004, is still to be located and interviewed; the lawsuit is pending,

Recalling further its concerns in the case of Mr. Bennett essentially relating to the fact that court rulings ordering the vacation of his farm have not been implemented, and to the contempt of parliament proceedings brought against him in October 2004 which prevented him from standing in the March 2005 legislative elections; and noting that Mr. Bennett has in the meantime asked for asylum abroad having been sought in connection with an alleged attempt to kill President Mugabe,

1. Thanks the Police General Headquarters for the information provided and the parliamentary authorities for their cooperation;

2. Notes that those responsible for the attack on Mr. Mpala in February 2002 have been identified and brought to justice; and consequently decides to close this case;

3. Decides also to close the cases of Mr. Mutendadzamera, Mr. Ndlovu, Mr. Madzore, Mr. Gwetu, Mr. Mushoriwa, Mr. Madzimure, Mr. Mutsekwa, Ms. Khupe, Mr. Biti, Mr. Chamisa, Mr. Mhashu, Mr. Sansole, Mr. Chaibva, Mr. Chebundo, Mr. Mpandawana and Ms. Masaiti as proceedings against them are closed and, as regards attacks on them, either no official complaint has been made, or investigations have been instituted, albeit not leading to identification of the culprits; regrets that in many cases (Justin Mutendadzamera, Giles Mutsekwa, Milton Gwetu, Silas Mangono, Edwin Mushoriwa, Thokozani Khupe, Tendai Biti), the accusations were manifestly unfounded since either charges were withdrawn before plea or prosecution was declined for lack of evidence;

4. Decides also to close the case of Mr. Bhebhe since his attacker was identified and brought to justice;

5. Notes that, in the case of Mr. Munyanyi, a medical certificate exists as to the injuries he sustained as a result of his ill-treatment in custody, and wishes to ascertain whether a copy of it has been submitted to the Police; notes further that the investigation into the complaint of Mr. Mutasa is under way, and wishes to be kept informed of further developments;

6. Remains deeply concerned that the investigation regarding Mr. Sikhala's torture is not proceeding; and insists that the authorities cannot argue that this is due to Mr. Sikhala's failure to cooperate when in fact it is public knowledge that he has given a detailed testimony including names, which, provided they have the will, would enable the police rapidly to identify the culprits; and can only urge them once againto investigate this crime without further delay, as their duty requires; notes that a lawsuit against the Minister of Home Affairs and the Police is pending, and wishes to be kept informed of the stage reached in the relevant proceedings;

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. Reiterates its wish toreceive a copy of the Supreme Court ruling issued 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 not been implemented, which does not reflect well on respect for the rule of law in Zimbabwe; and would appreciate receiving the observations of the authorities on this point;

10. Requests the Secretary General to convey this resolution to the competent authorities, 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 on the occasion of the 116th Assembly (April-May 2007).

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* The delegation of Zimbabwe took the floor to comment on the resolution. Its observations may be found in the Summary Records of the 179th session of the Governing Council.

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