Posted 2010/6/18
Zimbabwe: Decision on bail delayed for human rights defender Mr Farai Maguwu

Human rights defender Mr Farai Maguwu remains in detention in hospital in Harare, Zimbabwe following his arrest on 3 June 2010. A new decision on bail, which was denied on 10 June, is expected on 21 June.
Further Information
Farai Maguwu is the director of Mutare Centre for Research and Development, an organisation which carries out research and advocacy in the area of human rights, particularly with respect to diamond mining, and has campaigned strongly against alleged military human rights abuses and illegal mining operations in Zimbabwe.
Farai Maguwu remains in detention in Zimbabwe pending a bail hearing which has been postponed until 21 June 2010. He was originally arrested on 3 June 2010 in Mutare, Zimbabwe, and has been charged with publishing falsehoods against the State with the intention to cause prejudice to the security or economic interests of the country: a charge which, should he be found guilty, could lead to up to 20-years imprisonment. Bail was denied on 10 June.
Farai Maguwu's arrest came following a meeting, on 25 May 2010, with Kimberley Process monitor Mr Abbey Chikane in which he discussed evidence of alleged military abuses in the diamond-rich Marange region in Mutare West. Mr Chikane in turn informed the Zimbabwean authorities about the evidence, reportedly for fear of being arrested himself. The following day, it is reported that a group of heavily-armed men visited Farai Maguwu's home looking for him, and police arrested his brother, Lisbern, in what some lawyers allege to have been a “hostage arrest”. Farai Mugawu subsequently handed himself over to police in Mutare on 3 June 2010 in the presence of his lawyer.
Since his arrest, serious concerns have arisen regarding the treatment of Farai Maguwu whilst in detention. On the night of 4 June 2010, Farai Maguwu's blanket was taken from him and he was forced to sleep without any cover on a cement floor, leading to the development of a fever, as well as throat and chest infections. From that point on, Farai Maguwu was consistently denied access to medication and medical attention by prison staff, despite a court order on 10 June 2010 which ordered that he be examined by a medical doctor. Most worryingly, it has been reported that subsequently, Farai Maguwu was denied access to hospital-prescribed medication, and an attempt was made to substitute it with another form of medication which had not been prescribed. The resultant deterioration in his condition was such that he was admitted to Avenues Clinic on 17 June 2010.
Farai Maguwu's detention has also been characterised by worrying procedural irregularities. Farai Maguwu was kept in detention without a Warrant for Further Detention – which is required after 48 hours, and thus became necessary on 5 June 2010 – until one was finally obtained on 7 June 2010.
Furthermore, Farai Maguwu has been illegally removed from remand on various occasions. On 6 June 2010, it is reported that an attempt was made to remove Farai Maguwu from his cell for interrogation by Detective Inspector Henry Dowa. Despite attempts by lawyers to intervene and protect the rights of Farai Maguwu, he was interrogated for an hour and moved to Harare Central Police Station.
On the weekend of 12 and 13 June 2010, Farai Maguwu was again removed from remand and transferred to Matapi police cells for interrogation. According to Farai Maguwu's lawyers, the Matapi detention facilities have been condemned as unfit for the incarceration of humans by Zimbabwe's Supreme Court, and detention therein constitutes a violation of the constitutional right to be protected from inhuman and degrading treatment.
Farai Maguwu was also threatened on various occasions, in particular when he was removed from remand prison on 12-13 June. Two individuals to whom Farai Maguwu had been handed over for interrogation without the presence of his lawyers threatened that untold harm would be done to him if he did not cooperate with the police.
He was also informed by Law and Order officers that he was damaging his chances of early release and making life more difficult for himself by listening to his lawyers. On another occasion, Farai Maguwu was visited one evening by an unknown individual who threatened to make life very difficult for him and cause him unspecified harm. Farai Maguwu was also informed that his relocation took place at the request of the KGIV, a military establishment.
Front Line believes that the detention of, and charges against, Farai Maguwu are a direct result of his legitimate work carried out in defence of human rights, particularly with regard to the investigation of military abuses related to diamond mining. Front Line is gravely concerned for the physical and psychological integrity of Farai Maguwu and the denial of bail on 10 June.
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