Zim cops 'hiding' SA men

2004-03-12 08:48

Erika Gibson

Pretoria - The legal representatives of some of the alleged mercenaries who have been held in Zimbabwe since Sunday, will file an urgent application in the Harare High Court on Friday in an attempt to gain access to the men.

A South African lawyer, who represents some of the men and who does not want to be named, said Zimbabwean lawyers have been appointed to provide the men with legal assistance and to represent them in court.

These lawyers have been trying in vain since Wednesday to trace the men. It is a difficult process because the men are being held in different military prisons.

"The police initially pretended that they did not know about the men. The lawyers were referred to the Zimbabwean attorney-general to obtain permission for access.

"The police are withholding the register of prisoners from the lawyers and that is why they still could not determine by Thursday where the men were being held. The investigating officer could also not be traced."

The lawyer said the men have been incarcerated since Sunday, but nobody knows yet with what they will be charged.

He also does not know whether the crew and passengers will be facing different charges.

Zimbabwe's acting attorney-general, Bharat Patel, apparently said on Thursday that he is considering charging the men for contravening the immigration, arms and aviation laws.

High treason

He did not refer to contraventions of laws involving attempts at terrorism, high treason, espionage or mercenary activities.

Patel said the men could possibly appear in court on Friday, but a police spokesperson said this might only happen next week.

The 64 men, three crew members and some of their accomplices in Zimbabwe were arrested at Harare airport on Sunday evening when they were allegedly on their way to execute a coup in Equatorial Guinea.

A group of 15 men, including seven South Africans, were arrested in Equatorial Guinea earlier because they allegedly planned to assassinate President Obiang Nguema before executing a coup.

Professor Hussein Solomon of the Centre of International Studies at the University of Pretoria said on Thursday that the South African government owed it to its citizens to ensure that both groups of men at least had fair trials.

Very suspect

He said Zimbabwe's and Equatorial Guinea's track records for such hearings were very suspect. Nguema had several coup suspects executed in 2002 based on the evidence of one man who was allegedly tortured to make his statement.

"It is also concerning that South Africa warned Equatorial Guinea before Sunday that the men were on their way but never lifted a finger to stop the plane in South Africa.

"The job of government and foreign affairs is to protect its citizens despite the transgressions."

Foreign Affairs Minister Nkosazana Dlamini-Zuma said this week that the South African government was in no hurry to assist either of the two groups. She gave the assurance that the men would receive support from the consulate.

- Beeld