By Laura Hirahara
Impunity Watch Reporter, Africa

WINDHOEK, Nimibia- The Southern African Development Community (SADC) Tribunal in Windhoek, Namibia has ruled against Zimbabwe and ordered them to pay compensation to torture victims who settled their cases against the country between 2003 and 2007.  The case was brought before the SADC in 2009 by 12 victims alleging Zimbabwe had refused to pay the judgments awarded them by Zimbabwe’s High Court, which total almost seventeen million US dollars.  The judgment, given by SADC Justice Arrirange Govindasamy Pillay, reads in part:

We hold, therefore…that the Respondent (government) is in breach of [. . .] the treaty in that it has acted in contravention of various fundamental human rights, namely the right to an effective remedy [and] the right to have access to an independent and impartial court or tribunal and the right to a fair hearing.

All the victims originally sued and were awarded damages after the High Court ruled that they had been victims of state sponsored violence and torture carried out by state agents.  The claims stem from election violence that occurred approximately eight years ago.  The injuries range from gun shot wounds to paralysis and beatings.  One victim, Kerina Gweshe, was awarded nearly one million US dollars after her and her husband were assaulted by soldiers in 2003.  In court documents from the original suit, Gweshe stated that soldiers broke into her home during the early morning hours, cut the telephone lines and beat Gweshe and others in her home.  During the course of the assault, Gweshe’s arm was broken when she raised it to defend against a soldier who was trying to hit her with a chair.  At one point, a soldier put the barrel of a gun in Gweshe’s mouth and demanded money.

The Zimbabwean government did not defend the case at the tribunal hearing, asserting that besides the tribunal being illegitimate, the State Liability Act protects the state and its assets from being attached to pay damages.  As part of his ruling, Justice Pillay stated that the “State Liability Act is a relic of the legal regime which was pre-constitutional and placed the state above the law.”  Even though Zimbabwe is a SADC treaty signatory, the current regime does not recognize its judicial power.  President Robert Mugabe and Justice Minister Patrick Chinamasa have publicly called the rulings ‘null and void’ and Zimbabwe’s High Court has denied the authority of the Tribunal’s land reform rulings.  In a broadcast this week on SW Radio Africa, analyst Professor John Makumbe said the government’s actions are “a major threat to the cohesion of the region, because it makes the Tribunal superfluous. [. . .] I can’t see how any other member state will abide by the Tribunal if Zimbabwe disregards it and gets away with it.”

For more information, please see;

Zimbabwe Independent- Zim Should Compensate Violence Victims–Tribunal– 13 Jan., 2011

ZimOnline- Landmark SADC Torture Ruling– 15 Jan., 2011

The Zimbabwean- SADC Court Says Zim Government Undermining Rule of Law– 15 Jan., 2011

Law and Justice Zimbabwe- 06-HH-028 Kerina Gweshe vs Minister Of Defence– 15 Sept., 2006

By Daniel M. Austin
Impunity Watch Reporter, Africa

TUNIS, Tunisia– By Saturday morning, the ousted President of Tunisia,  Zine al-Abidine Ben Ali had safely landed in the Saudi Arabian city of Jeddah. Even with the President’s departure, violent clashes between government security forces and protesters continue to take place in cities throughout Tunisia.

President Ben Ali had been the ruler of Tunisia for the past 23 years but ceded power after weeks of unrest culminating with an enormous rally in Tunis, the capital of Tunisia. The President was officially removed from power on January 14 and subsequently fled the country. News of President Ben Ali’s departure spread quickly and protesters flooded the streets to celebrate.

The power to run the government of Tunisia was transferred from Mr. Ben Ali to the Prime Minister Mohammed Ghannouchi. However, Mr. Ghannouchi held the interim presidency for only a couple of days as mob rule set in. Responding to continuing violence, the Constitutional Council dumped Mr. Ghannouchi and installed the speaker of the lower house of parliament, Mr.  Foued Mebazaa as the interim President until elections can be held later this year. The Constitutional Council claims that elections for a new President will be held in six to seven months.

The political unrest that swept President Ben Ali out of power began several weeks ago. The unrest was punctuated by a university graduate, Mohamed Bouazizi, who set himself on fire in front of a government building on December 28, 2010. He was protesting working conditions and high unemployment in Tunisia. Since this incident there have been numerous demonstrations calling for the government to fix the high level of unemployment. The Tunisian government has met these acts of civil disobedience with a mix of political maneuvers, including the sacking of an interior minister along with tighter security measures. In at least one incident, security forces fired on protesters using live ammunition. Clashes between protesters and security forces have left dozens dead or injured.

In response to the worsening political situation, security forces have stepped up patrols and instituted a curfew throughout the country. The strong showing of force is an attempt to rein in the looting and violence that is occurring.   

For more information, please see:

 Al Jazeera — Tunisia situation volatile – 16 January 2011

 BBC Africa — Tunisia: Many dead in jail unrest after Ben Ali exit – 15 January 2011

CNN International – What’s going on in Tunisia? – 16 January 2011

Reuters — Tunisia tries to form coalition, shooting on streets – 15 January 2011