Uphold 2004 Supreme Court Ruling on Matapi Police Station; Bamu

Mr. Jeremiah Bamu, the defence lawyer in the trial of Restoration of Human Rights (ROHR) Spokesperson, Stanley Zvorwadza has challenged the courts and police force to uphold the 2004 ruling by the Supreme Court declaring the Matapi Police Station cells inhabitable.

Mr. Bamu submitted an application yesterday, 14 February 2012, for referral of the case to the Supreme Court sitting as a Constitutional Court arguing that the degrading conditions Mr. Zvorwadza was exposed to at Matapi Police Station, are a violation of sections 15, 18 and 23a of the constitution of the country. Sections 15, 18 and 23a speak to Protection from inhuman treatment, Provisions to secure protection from the law and the Right to protection from discrimination respectively.

'The state should uphold the Supreme Court's 2004 condemnation of Matapi cells as unfit for the holding of persons and do something to refurbish them as in their current state, they pose a health hazard to inmates,' said Bamu during submissions. However, the presiding Magistrate, Tendai Rusinahama threw out the application and adjourned the case to February 29. Bamu has however indicated that he will file an application with the Supreme Court.

Mr. Zvorwadza was arrested on the 28th of January 2011 after he went to lodge a complaint at Matapi Police Station against a group of ZANU PF supporters who had demanded that he abandon a tank installation project at a Mbare service station. While in police custody he was   severely assaulted using clenched fists and booted feet by a policeman identified as Constable Mberi. Zvorwadza was also denied blankets, food, water and access to relatives and legal representation.

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