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Last Updated: Wednesday, 7 January, 2004, 19:50 GMT
Mugabe immunity court case starts
President Robert Mugabe
Robert Mugabe has been accused of a number of crimes
A UK court has started considering a request to have Zimbabwean president Robert Mugabe extradited to the UK to face torture charges.

Human rights activist Peter Tatchell - who has twice tried a citizens' arrest on Mr Mugabe - wants him stripped of his immunity as a head of state.

He asked London's Bow Street Magistrates' Court to allow Zimbabweans to pursue a case in British courts.

A district judge adjourned the hearing for a week.

Sworn affidavits from two exiled alleged victims and documents from human rights groups showed Mr Mugabe was guilty of using torture on a "massive scale", the court heard.

Mr Tatchell wants the court to ignore a ruling by the International Court of Justice in February 2002 which says that a head of state has absolute immunity from prosecution even if accused of genocide or torture.

He then wants it to be possible for Mr Mugabe to be arrested in one of the 100 countries which Britain has an extradition treaty with and brought to the UK.

Human rights campaigner Peter Tatchell protests in front of the Justice Ministry in Paris
Peter Tatchell has tried a citizens' arrest on Mr Mugabe
Mr Mugabe has passed through a number of these countries in the past year.

Mr Tatchell alleged Mr Mugabe had, while in office, "intentionally authorised, condoned and acquiesced in the infliction of severe pain on another person between 29 September 1998 and 7 January this year".

Mr Mugabe has also conspired with others in the commitment of torture, breaching Section 134 of the Criminal Justice Act 1988, which incorporates the UN Convention Against Torture 1984 into UK law, the court was told.

Mr Tatchell said it was "inconceivable" that Mugabe, as commander in chief of the Zimbabwean military, did not know about the behaviour of the security services.

And he said the 1946 Nuremberg Tribunal precedent and the UN Rome Statute 1988, suggested there was no immunity in cases of crimes against humanity.




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