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Anti-subversive charges brought against ‘mercenaries’

18th March 2004

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A fourth set of charges - this time under draconian state security legislation - has been brought against 70 alleged mercenaries said to have been part of a coup plot in Equatorial Guinea, lawyers said yesterday.

"There are now charges on four counts," defence lawyer Jonathan Samkange said after spending a seventh successive day at Chikurubi central prison where the 70 men are being held, just outside Harare.

He said police recorded "warned and cautioned statements" from all 70 in which they were charged under the Public Order and Security Act with "conspiring to possess dangerous weapons".

The 70 have been in detention for more than 10 days since they were arrested at Harare international airport and accused of planning to overthrow Equatorial Guinea's president, Teodoro Mbasogo.

The other charges against them are for plotting the murder of Mbasogo, violating firearms control laws and for committing offences under immigration regulations.

Samkange said police told him that the group would finally be brought to court today.

"We have been told that every day this week," he said. "I don't believe police are ready with the charge yet. I think it would be more accurate to say they will appear some time this week".

Announcements last week from Harare and Malabo, the tiny West African state's capital, claimed that 64 "mercenaries" and three crew flew in a Boeing 727 from South Africa on March 7, stopped at Harare to collect a consignment of military weaponry organised by an advance party and then were planning to fly on to stage the coup d'etat in Malabo.

Officials here have claimed that the "advance party" was arrested in a "sting" operation after they came here first in February and allegedly negotiated with the state-owned arms manufacturer, Zimbabwe Defence Industries, to buy AK47 automatic rifles, light machine guns, mortars, rocket launchers, pistols, hand grenades and ammunition.

Harare claimed that British and American intelligence were backing the alleged plot. Simon Mann, the alleged leader of the operation, has been described as a former British Special Air Services officer and a founder member of Executive Outcomes, the now defunct South African mercenary recruiting company.

"The law says it is illegal to possess specified dangerous weapons. No weapons were delivered," Samkange said.

"The law says nothing about 'conspiring' to possess weapons. None of this makes sense".

Senior legal sources said President Robert Mugabe's government appears to be determined to find a law that it can use to deliver what foreign minister Stan Mudenge said last week was "the severest punishment in our statutes, including capital punishment," against the 70.

However, earlier this week acting attorney-general Bharat Patel and defence lawyers agreed there was nothing in Zimbabwean law for the 70 to be charged with other than offences under immigration and firearms control legislation, and nothing that could be use to execute them.

Lawyers for the 70 "mercenaries" now being detained say none of their clients have reported ill-treatment. – Sapa.
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