A HARARE man, who was shot several times on both legs by
the police in a case of mistaken identity during an investigation into the
theft of a motor vehicle in 2010, has finally been paid ZWL$21 000 in
compensation by the police, thanks to the efforts of the Zimbabwe Human Rights
Non-Governmental Organisation Forum.
Trevor Simbanegavi (31), said the money was deposited into
his account early May this year after a long and tedious process during which
the police had frantically tried to frustrate his efforts to get compensation.
“Initially, people used to discourage me, saying the police
cannot be sued and it was difficult to win such cases. I went to the Legal Aid
Department and was also told the same statement before I was later referred to
the NGO Forum,” he said.
He said he received support from the Human Rights NGO Forum
and managed, after almost two years of frustration, to get a court order in
2012 for the court to pay him a total of US $21 000 in compensation.
However, Simbanegavi said although the granting of
compensation was a positive sign for victims of State torture, the amount was
too little for him to live a comfortable life adding the money was most likely
to be exhausted on medical expenses.
“The compensation just considered receipted costs which I
incurred, but did not measure the degree of injury, whether I was able to walk
again. I will possibly seek a review because the money has come after a long
time and is not in United States dollars,” he said.
Simbanegavi, who was in the company of his young brother
and a friend, was shot by a police officer in Avondale on December 8, 2010
after being mistaken for a gang that had stolen a car in Norton.
The then university student suffered a 63% disability, with
an above knee amputation on his left leg and metal plates on the right leg
after going for two weeks without treatment following the shooting. His friend
later succumbed to the injuries while his young brother escaped unscathed.
He now walks on a prosthesis and clutch.
“We were parked at Number 35 Avonlea Drive when three armed
police officers just came screeching their BMW vehicles. One of the armed
officers, who I later identified as Alexander Jachi from Vehicle Theft Squad,
came to me and ordered me to lie down, accusing me of stealing a car. As soon
as I did, he started shooting at me before handcuffing me and bundling me,
together with my friend who had been shot in the abdomen into their car,”
Simbanegavi said.
He said they were driven around for more than four hours as
they bled profusely before they were taken to Harare Hospital where he was kept
under heavy police guard for two weeks.
“The police guard then just disappeared and we never heard
anything from the police,” he said.
Human Rights NGO Forum executive director, Blessing
Gorejena said payment of compensation by the government was a welcome gesture.
“We particularly welcome this development as it confirms
the fact that there is a problem of torture and police brutality in the
country. This affirms the calls by the forum to the government to ratify and
domesticate the UN Convention against torture as well as criminalise torture,”
Gorejena said.
She said Simbanegavi was among many victims of police
brutality that the forum had been assisting over the past 20 years.
“It has been a struggle by the forum to ensure victims like
Simbanegavi receive justice and some form of compensation from the government
for the brutality suffered at the hands of State agents such as the police and
army,’ she said. Newsday
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