A Harare man, who claims that he was unlawfully arrested, assaulted and detained by cops has filed a $30 000 lawsuit against the Zimbabwe Republic Police.
In the papers filed at the High Court, Mercedes Nyamande, is demanding $10 000 for the alleged unlawful arrest and detention, $15 000 for assault and $5 000 damages for contumelia.
In the application Nyamande cites Home Affairs minister Ignatius Chombo, commissioner-general of police Augustine Chihuri, police officers identified as Godfrey Masvimbo, Charuma and Zinyama as respondents.
Nyamande, who is represented by Zimbabwe Lawyers for Human Rights, told the court that he was taken from his Glen Norah residence in February last year by Masvimbo, Charuma and Zinyama to assist with investigations of stolen gas bottles.
“Upon arriving at the Harare Central Police Station, the plaintiff (Nyamande) was shocked when the third defendant (Charuma) started to heavily assault him with open hands and clenched fists trying to force a confession from him to admit to having stolen the alleged gas bottles,” Nyamande said.
“In an act that is inhumane and disrespectful to his inherent dignity and an act that is inconsistent with Section 50 (1) (c) of the Constitution, the third defendant handcuffed the plaintiff’s hands and forced his left leg on top of the handcuffed hands and he continued with the assaults and intensified the attack on the defenceless plaintiff by striking him several times with a thick wooden log and electricity cables all over the body.”
Nyamande said that due to the assault, he sustained deep lacerations and he bled profusely to such an extent that he almost passed out.
He further claims that after the assault, he was medically-examined at Harare Hospital and a medical doctor concluded that he sustained severe injuries.
“Despite the serious injuries suffered by the plaintiff, the third, fourth and fifth defendants without a lawful reason yet again detained the plaintiff in violation of his constitutional right…was also denied a phone call to call his relatives or spouse to notify them of the arrest and he was further denied medical treatment despite having made a request.
He was only released the following morning without receiving any formal charge.
Nyamande says he has already filed criminal charges against the police officers.