A GWANDA man who got too drunk and strayed into neighbour’s residence, leading to his arrest for trespassing, has filed a complaint against the police, alleging that the officers who arrested him subjected him to serious torture, forcing him to admit that he was involved in break-ins and theft.
SILAS NKALA STAFF REPORTER
Thabo Mokuele, who was subjected to torture on January 27 this year at Gwanda Police Station in Matabeleland South, was on Tuesday warned and cautioned before being discharged for trespass by a Gwanda magistrate.
He engaged the Zimbabwe Lawyers for Human Rights Lizwe Jamela in filing a letter of complaint against the police officers. The letter, dated February 12 2015 was addressed to police Commissioner-General Augustine Chihuri.
Jamela on Wednesday said it appeared police officers tortured Mokuele forcing him to admit to several other crimes which he did not commit, yet his only crime was that of trespassing, which he committed under the influence of alcohol and must not have been taken so seriously to a point of torturing him.
“We have filed this complaint with the police authorities and soon we will be filing a notice of intention to sue the police,” Jamela said.
The letter to Chihuri states that Mokuele survived the alleged torture and assault at the hands of police officers at Gwanda Police Station on January 27 2015.
“Our client advised us that on this unfortunate day, your officers apprehended him on allegations of trespassing,” reads the letter.
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He was taken to some office at Gwanda Central Police Station, where he was interrogated.
“There were several officers in this office, including three only known as Sibanda, Mahunzvi and Moyo.”
The letter states that when Mokuele professed ignorance on the allegations he was facing, the named officers acting in common purpose together with others, whose names he does not know, allegedly resorted to unorthodox means of forcing a confession.
“One Sibanda started slapping our client using open hands and ordered him to lie down and close his eyes,” reads the letter.
“The police officers then started assaulting him severely on his back and under the feet using a wooden plank, as well as on the head until he started bleeding from the ear.
“After some time, our client was made to sit while police officers used a bottle to hit him on his hands, ankles and knees.
“Further, a bridge was made using a table in the office and a mine drill was put at the back of our client’s knees and he was suspended in mid-air for more than an hour until his feet were terribly sore and his body temperature rose.”
The letter states that Mokuele, who was by then feeling very sick, requested to be taken to the hospital, but the police officers flatly refused.
“After having sustained all these injuries and enduring the pain and suffering at the hands of the police, he was then taken to Gwanda Magistrate Court on January 29 2015, where the public prosecutor ordered the police to proceed by way of summons as there was no sufficient evidence to even consider our client being placed on remand,” the letter states.
“It was after this and on the strength of our advice that our client managed to file a report against the police under CR 69-05-15.
“He was given a request for medical affidavit form and finally received some medical attention.
“We are in possession of a copy of a medical affidavit that confirms that on January 30 our client was still discharging blood through the right ear and the original copy of same was handed to Assistant Inspector Harawa, who is investigating this case.”
The letter indicates that Mokuele was referred to a specialist at Mpilo Central Hospital to assess the extent of injuries sustained on the ear and the report is pending.
“We are made to understand that investigations are still in progress at the moment and we are, however, worried at the slow pace at which the matter is progressing, especially considering that it involves officers who can easily be identified at the police station, who can also be confirmed that they dealt with our client when he got arrested,” the letter reads.
“We would want to bring this matter to your immediate attention in order to bring all the culprits in the matter to book.
“We believe that the conduct alleged against your officers brings the whole police institution into disrepute and proper remedial action should be taken to render justice to our client.
“Our client also desires to file a civil suit against the officers involved and the institution at large and will be sending you a formal notice in terms of the law.
“Meanwhile, may you seriously look into these issues raised and revert to us with any response so that we advise our client accordingly.”
In response to the letter dated February 16 2015, Matabeleland South Police spokesperson Inspector Philisani Ndebele acknowledged the receipt of Mokuele’s letter by the police.
“Reference is made to your letter of complaint addressed to the Commissioner-General of police that you copied to this office,” wrote Ndebele.
“This office acknowledges receipt of your minute regarding the conduct of our police officers during the course of investigation of an assault case involving Mokuele.
“Investigations into the matter will be instituted forthwith and you will be apprised of our findings without delay.”
