By Jared Kleinman
Impunity Watch Reporter, Africa

HARARE, Zimbabwe – Chief Justice Godfrey Chidyausiku issued a permanent stay of prosecution on Monday in the case of the prominent human rights activist Jestina Mukoko and eight other defendants facing charges of plotting to topple President Robert Mugabe’s government. Mukoko had been illegally abducted, beaten, and tortured in jail, by Zimbabwe’s security forces last year. Chidyausiku ruled that Mukoko and her co-accused could not be tried now, or in the future, because their constitutional rights had been violated.

Last year in December Mukoko, the leader of Zimbabwe Peace Project, was abducted from her Norton home in the early hours of the morning, wearing nothing but her night clothes. For weeks police claimed they did not have her in custody, only for the then State Security Minister, Didymus Mutasa, to admit in court papers that he had sanctioned the abductions as a matter of state security. Mukoko spent more than a month in several secret locations where she was tortured by state security agents to force her to confess to an anti-government plot. Her captors accused her of recruiting and attempting to recruit people, including a police officer, to undergo military training in Botswana so they could topple Mugabe’s government.

Monday’s ruling sets a precedent for other human rights and opposition activists who face similar charges and were subjected to the same conditions. They have applied to the same court to have their charges dropped but are awaiting rulings. “This is really a positive thing for activists and civil society but I hope the state will comply with the ruling because in the past they (the state) have re-arrested people on fresh trumped up charges,” John Makumbe, a political analyst and Mugabe critic, said. Innocent Gonese, a member of parliament from Tsvangirai’s party, said the judgment could be “the beginning of good things to come, politically,” but added that scores of other party activists remain jailed or face charges.

The Zimbabwe Peace Project director said she would be going home to rest and thanked everyone who had supported her during her ordeal. Mukoko also vowed to continue her activism work.

For more information, please see:

SW Radio Africa – Terror Charges Dropped Against Mukoko And 8 Others – 28 September 2009

CNN – Zimbabwe court bars activist Mukoko’s prosecution – 28 September 2009

Reuters – Zimbabwe Court Rules Activist Can’t Be Prosecuted – 28 September 2009

AP – Terror charges dropped against Zimbabwe activist – 28 September 2009

By Jonathan Ambaye
Impunity Watch Reporter, Africa

ARUSHA, Tanzania – After 15 years of being on the run from Rwandan authorities, former Mayor of the small Rwanda town of Kivumu, Gregoire Ndahimana, was finally arrested this past August.  Much talk has been made about the eventual detainment of a man who is alleged to have been the primary executor of a plan leading to the deaths of 2000 Tutsi’s in a small church in Kivumu, Rwanda.  After fleeing Rwanda for the neighboring country of the DR Congo many in Rwanda feared Ndahimana, and many others involved in the Genocide who also fled to the Congo, would never be brought to justice.

In a surprise move thought to be an encouraging sign of reconciliation between Rwanda and the Congo, the Congolese deported Ndahimana to Arusha, Tanzania where the International Criminal Tribunal of Rwanda is located, and where he will be tried.  Ndahimana’s deportation is hoped to lead to both countries releasing rebels who have fled to each respective country.  The Congolese specifically hope for the transfer of Congolese rebel leader Laurent Nkunda who is believed to be currently under house arrest in Rwanda.

On the verge of trial, Ndahimana claims his innocence and denies any involvement in the genocide and denies all charges brought against him.  As prosecutors continue their investigation and prepare their case, many are hoping new witnesses will step forward. In hopes to encourage the forwarding of information regarding Ndahimana’s case, a five million dollar reward has been offered by the United States, and has yet to be collected.

If Ndahimana is convicted it will be a huge victory for many invested in the situation because he is thought to be one of the last major offenders involved in the 1994 genocide.

For more information, please see:

BBC – Ex Mayor Denies Genocide Charges – 29 September 2009

MSN-UK – Accused Denies 1994 Rwanda Genocide – 28 September 2009

BBC – DR Congo Deports Genocide Suspect – 20 September 2009

By Jennifer M. Haralambides

CONAKRY, Guinea – In a rally against Captain Moussa Dadis Camara, security forces violently quelled the crowds, killing at least 9 people.

Junta leader, Captain Moussa Dadis Camara, who took power in a bloodless coup last year, had initially pledged not to run in a presidential election planned for this coming January, although now it looks as though he will run.

Because of this, hundreds of demonstrators joined together to rally against his campaign holding up signs reading “No to Dadis” and “Down with the Army in Power.”  They were quickly dispersed by the military who used tear gas, live ammunition and baton charges to break up the crowds.

“I have counted nine bodies but we have not yet been able to reach the stands in the stadium where there are also some dead,” said Thierno Maadjou Sow, president of the Guinean Human Rights Organization.

Cellou Dalein Diallo and Sidya Toure, two former prime ministers, were injured during the demonstrations and then taken to the Alpha Yaya Diallo camp, which is the headquarters of the junta in power.  Witnesses say that many more prominent opposition leaders were injured and taken into custody during the violence.

The security forces are still in effect and have been setting up roadway checkpoints.

“This is only the beginning of demonstrations and counter-demonstrations we can expect in the next few months,” said Gilles Yabi, a Guinea expert.

The military take-over by Captain Camara had some initial support, although the recent anti-government protests to Camara’s potential run for the presidency show that the tide has shifted.

If Captain Camara stands for president, it will be a violation of the agreement between the military and civil forces which has kept him in power.
For more information, please see:

AFP – At Least 10 Killed at Guinea Demonstration – 28 September 2009

BBC – Protesters Killed in Guinea Rally – 28 September 2009

Reuters – Guinea Forces Kill 9 in Crackdown – Group – 28 September 2009