Court orders torture probe
2004-04-28 07:15
Harare - A Zimbabwe court on Tuesday ordered an investigation into claims of torture by some of 70 suspected mercenaries charged with plotting a coup in Equatorial Guinea, while defence lawyers asked for their release.
"It is ordered by this court that an investigation be carried out into allegations of torture and assault," Magistrate Mishrod Guvamombe said after an alleged victim testified about the incident at a court hearing.
The magistrate also ordered a medical examination of all those who said they were tortured shortly after their arrest on March 7.
The 70 men, mainly from Angola, Namibia and South Africa, were arrested at Harare International Airport, allegedly en route to oil-rich Equatorial Guinea to topple the government.
Guvamombe's orders were issued after defence witness Jaap Steyl - who piloted the Boeing 727 which was impounded at the airport - claimed he was tortured during cross examination.
Asked by state prosecutor Stephen Musona during cross examination about a statement Steyl signed shortly after his arrest the pilot said: "Do you mean when I was being tortured?"
Twelve charged
Twelve prison officers were last week charged for assaulting the suspected mercenaries.
Meanwhile, defence lawyers pushed for the men to be released and produced a witness who said they were hired to guard a mine in the Democratic Republic of Congo.
"The overwhelming majority of the accused were merely passengers in transit," defence lawyer Francois Joubert said.
Called as a defence witness, Samuel Kaunda, a former South African soldier who has been working as a private security guard, told the court at Chikurubi Maximum Security Prison that he and the 70 detainees were hired to guard a mine in DRC.
Kaunda said the men were hired on March 3 by a company called Military Tactics Suppliers and offered a monthly salary of $6 000.
Ready to go
When asked by Joubert if the men had any business in Zimbabwe, Kaunda said: "Nothing, no. We were all ready to go to the DRC mine."
Under cross examination by state prosecutor Lawrence Phiri, Kaunda said he did not know what a mercenary was.
"I have never been told what the duty of a mercenary is," he told the court.
The 70 detained deny that they were en route to Equatorial Guinea and contend that they stopped in Harare to pick up weapons and ammunition from Zimbabwe's state-owned arms manufacturer Zimbabwe Defence Industries.
"When you are securing the mines you are required to use arms including automatic weapons," Kaunda said.
He said the weapons could include machines guns, AK-47 assault rifles and rocket propelled grenades for protection from rebel attacks.
Kaunda said when their plane landed in Harare, he thought they had arrived in the DRC, but were told to remain seated as the plane was re-fuelling.
Then military personnel entered the plane and "forcibly removed everybody off the aircraft," he said.