Nieman Fellow Returns After Trial Postponed

Mark Chavunduka, the Nieman Fellow who returned to Zimbabwe for his scheduled Oct. 4 trial, is back at Harvard this week after his trial was postponed.

International controversy erupted after Chavunduka, editor of the weekly Zimbabwe Standard, and Ray Choto, a reporter for the paper, were illegally arrested and tortured by members of the military for refusing to divulge their sources for a December 1998 story on an attempted coup d'etat by the Zimbabwe National Army.

"They appeared in court on Oct. 4 as expected, but this was for further remand and review of their bail conditions," said Claudia A. McElroy, coordinator of the Africa program for the Committee to Protect Journalists (CPJ). The committee, a 20-member humanitarian group, has been protesting the Zimbabwean government's treatment of the journalists for several months.

Chavunduka's next remand hearing is scheduled for Jan. 4, 2000. But if the Zimbabwe Supreme Court rules that the law under which he and Choto were arrested is unconstitutional, charges will be dismissed.

The country's parliament has repealed the law, but the president has not yet signed the repeal into effect.

"It was a colonial law used to suppress black nationalists in colonial Rhodesia," McElroy said.

She said the CPJ was unsure whether the Supreme Court would overturn the law.

"We and other press freedom organizations are waiting to see what decision they make," McElroy said.

Chavunduka and Choto's trial cannot take place until the Supreme Court issues its ruling.

"If they rule this law is unconstitutional, the charges against these two will be dropped," McElroy said.

Chavunduka and Choto are not waiting idly for their upcoming remand hearing.

"The two journalists have instituted various actions against police and the military," McElroy said.

Chavunduka and Choto have filed suit against several members of the government for damages from illegal arrest and torture, including $50,000 in compensation.

"Mark and Ray themselves say the provisions under which they were prosecuted are far too vague and far too draconian for them to be given a fair trial," she said.

Since news of the arrest and torture became public, journalists and humanitarian organizations across the world have rallied behind Choto and Chavunduka.

The CPJ and other groups have initiated letter-writing campaigns in hopes of encouraging Zimbabwean officials to drop the charges.

"Those of us who practice journalism in the U.S. sometimes take our freedom for granted," said Nieman Fellow William K. Krueger. "When we see someone tortured simply for protecting our sources, it's shocking."

"The importance of a free press is paramount, and that is threatened under the conditions that Mark and Ray faced," he added.

The letter-writing has been suspended pending the Supreme Court ruling.

"In view of the delicate situation and the potential clash between the judiciary," McElroy said, "we're asking people to put a hold on that until the Supreme Court makes its ruling."

In addition, the CPJ intends to take action to help ensure the journalists receive a fair trial if the law is upheld.

"If they rule that the law is constitutional and an actual trial date is set, [the CPJ] will send an observer," McElroy said.