Rioting prisoners tortured, court told

By Tarisai Machakaire

HARARE – Prisoners accused of masterminding the unprecedented food riots at Chikurubi Maximum Prison, that left five dead, told the court harrowing tales of physical and emotional torture and “deaths” at the hands of the country’s prison wardens since rioting on March 13.

The nine prisoners, who include Robert Martin Gumbura, who is serving a 40-year jail term, were hauled before the Harare Magistrates’ Courts in leg irons and looked dishevelled.

Narrating their ordeal at the hands of the “peace officers”, the nine revealed that ever since the food riots on March 13, they have been denied health care, food, and spent the whole day stark naked.

The nine, Gumbura, 59, Blessing Chiduke, 25, Luckmore Matambanadzo, 39, Luck Mhungu, 38, Taurai Dodzo, 47, Thomas Chacha, 37, Thulani Chizema, 32, Jacob Sibanda, 28, and Elijah Vhumbunu, 38, are being charged with attempt to escape from lawful custody, incitement in aggravating circumstances in relation to malicious damage to property and incitement to assault or resist a peace officer.

“We are assaulted almost everyday ever since the incident occurred. We are denied shoes, clothes and spend the whole day naked. We no longer receive medical attention and a lot of people are dying as we speak because of the torture,” Matambanadzo told the court.

According to Matambanadzo, on the fateful Friday the 13th when some of his co-prisoners were killed in cold blood, they were complaining about the inhabitable conditions they daily and quietly endured.

“I was residing in C hall and we had the problem of relish, water, blankets and soap. These allegations are not correct because we would talk to our superiors expecting them to assist.

“After approaching the authorities about our food grievances, they fired shots and what would you expect after opening fire in a hall with more than 400 people.”

Reinforcing Matambanadzo’s version and offering a rare insight into the country’s prisons, Dodzo, yet another convicted criminal, claimed that for the past five days they have been eating sadza served with water.

However, State prosecutor Michael Reza, claimed that the notorious Gumbura fanned and instigated the riots that have shaken government and have opened a Pandora’s box of neglect.

“The prisoners did not have the intention to protest until street-wise Gumbura persuaded them. Gumbura is not in solitary confinement but exposed up to 400 other inmates, therefore, we cannot rule out the possibility that he incited violence,” said Reza.

After listening to the heart-wrenching tales by the dispirited prisoners, Harare magistrate Vakayi Chikwekwe, ordered prison officers to stop torturing the inmates or face prosecution.

Chikwekwe will also rule on the applications made by six of the inmates challenging their placement on remand after Gumbura’s lawyer, Tapson Dzvetero, argued that the allegations did not disclose an offence at law.

“The State must allege facts, which if proven, constitute an offence. Allegations relating to the first accused end on February 13 and the paragraphs that follow relate to exactly a month later after my client allegedly made the statements inciting prisoners to protest. His, was merely an expression of opinion which every person in this country is entitled to.”

Allegations are that on February 13 this year, Gumbura told inmates in B hall that their rights were being trampled on by the State, which was serving them substandard food.

The State alleges that Gumbura told other prisoners that they were foolish not to take matters into their hands through protests.

Gumbura allegedly told inmates to protest for better quality food by singing throughout the night and the message was passed to inmates in C and D halls.

During that night, they sang until dawn, banging on cell iron bars.

The State alleges that on March 13 Chiduke, Matambanadzo, Mhungu, Dodzo, Chacha and Chizema advised inmates in C hall to protest by rejecting food.

At the same time, Jacob Sibanda and three other inmates who are now deceased were addressing inmates in D hall to also protest.

Around 9am, porridge was served but inmates refused to eat because it had no sugar and demanded to see the prison chief superintendent.

Towards lunch time Chiduke, Matambanadzo, Mhungu, Dodzo, Chacha and Chizema demanded to see the officer-in-charge.

The officer-in-charge sent his subordinate, one Dumbura, who was told by the prisoners that they could not eat their food before pushing out the containers that had been brought for lunch.

Dumbura, reportedly ordered for food to be brought in for inmates who wanted to eat.

The court heard that just before the food was served, the now-deceased Titus Mandikoza went on top of the roof through a hole that had already been created and started shouting that prisoners were not supposed to eat the food.

At that moment, Vhumbunu and Sibanda poured the food on the prison officer and violence subsequently erupted.

Inmates in C hall started breaking water pipes, sinks, asbestos, window panes, destroying property valued at $450 000.

Efforts by one assistant commissioner Dhenya and other prison officers to calm the violence were in vain as the riotous prisoners charged towards prison officers, the State alleges.

Subsequently, ZRP Support Unit was called in and fired shots at some of the accused persons who were on the rooftop. Daily News