Zimbabwe court rules activist can't be prosecuted

HARARE (Reuters) - Zimbabwe's Supreme Court ruled Monday that the government could not prosecute a leading human rights activist facing terrorism charges because her abduction and torture in custody infringed her rights.

Jestina Mukoko, head of a local rights group, had challenged her prosecution at the country's highest court, accusing state security agents of abducting her from her home during a dawn raid and torturing her while she was held at secret locations.

The ruling opens the way for other rights and opposition activists to have similar charges dropped. That could help ease tension within the unity government formed by bitter rivals President Robert Mugabe and Prime Minister Morgan Tsvangirai.

Delivering the ruling, Chief Justice Godfrey Chidyausiku agreed with Mukoko's lawyers that state security agents had not upheld her rights when bringing her before the courts.

"The state, through its agents, violated the applicant's constitutional rights to the extent of... entitling the applicant a permanent stay of criminal prosecution," Chidyausiku said.

There was no immediate comment from state prosecutors but analysts said the ruling could prevent the government from taking measures to keep activists in jail.

"This is really a positive thing for activists and civil society but I hope the state will comply with the ruling because in the past they (the state) have re-arrested people on fresh trumped up charges," John Makumbe, a political analyst and Mugabe critic, said.

Mukoko says she was abducted from her home in a dawn raid last year and spent more than a month in several secret locations where she was tortured by state security agents to force her to confess to an anti-government plot.

Her captors accused her of recruiting and attempting to recruit people, including a police officer, to undergo military training in Botswana so they could topple Mugabe's government.

Monday, an emotional Mukoko wept and hugged friends and relatives outside the courtroom after the judgment.

"It just did not make sense, I could not believe people could charge me with something like that...and to be referred to as a common criminal, ah...," a relieved Mukoko said.