The announced results were that MDC President Morgan Tsvangirai had won the poll but without enough votes to take the presidency, making a run-off necessary.

In the run up to the run-off Mugabe unleased violence against MDC activists, forcing Tsvangirai to withdraw from the election to save MDC activists.

Biti’s release gives hope that Zimbabwean authorities will release 32 MDC and human rights activists unlawfully detained and disclose the whereabouts of 11 others, who are still not accounted for.

Lawyers from the Zimbabwe Lawyers for Human Rights have since ascertained that many of them have been tortured in detention.

From October through December 2008, state security forces throughout Zimbabwe arbitrarily arrested 43 members of the opposition Movement for Democratic Change (MDC) and human rights activists, including the prominent activist Jestina Mukoko.

"Zimbabwe authorities are putting lives at risk by secretly detaining MDC members and rights activists," according to Human Rights Watch and the MDC.

The police initially denied holding the activists, but on December 22 their lawyers were tipped off that 32 of them were being held in various police stations in the capital, Harare. The activists had been unlawfully held by security forces for periods ranging from two weeks to eight in secret detention centers. None had been brought before a court within 48 hours, as required by law.

Zimbabwe authorities have accused the activists of various acts of banditry and of trying to recruit individuals for training in banditry and insurgency. However, the authorities have formally charged only seven activists.

The detained activists told their lawyers that during their secret detention, state security agents had subjected them to beatings and other torture. They were forced to make false confessions to acts of sabotage, banditry and terrorism and to recruiting others to do the same.

For example, Mukoko told her lawyers that, during her 19-day secret detention, Central Intelligence Organization agents and police officers repeatedly beat the soles of her feet with rubber truncheons, forced her to kneel on gravel for hours under interrogation and threatened her with death. Mukoko also said that she was forced to make videotaped statements falsely indicating that she had been recruiting people to overthrow the government. 

"The continuing detention of the 32 MDC members and rights activists appears to be a clumsy pretext to clamp down on government critics," said Gagnon of Human Rights Watch.

"The credible reports of duress and torture to obtain 'confessions' raise grave doubts that any trials of these detainees could be fair. No court should admit evidence extracted by torture."

Lawyers for the detainees told Human Rights Watch that they have not been able to communicate and consult confidentially with their clients as police and prison officials insist on being present during all interviews.

The detainees have also been denied access to medical treatment despite a High Court order directing that they should have access to medical examination and treatment and to doctors of their choice. Lawyers also report that there have been numerous and inexplicable delays in hearing the cases of the detainees in court.

The authorities are also refusing to disclose the whereabouts of 11 other MDC members. On December 31, Acting Minister of State for National Security Didymus Mutasa submitted an affidavit in court proceedings stating that state security agents had taken the men into custody.

Human Rights Watch called on the Zimbabwe authorities to disclose their whereabouts immediately and to free all arbitrarily detained persons. The authorities should ensure that those in custody have full access to their lawyers and are able to communicate confidentially with them. Further, the authorities should ensure that all those in custody who require medical examination and treatment are able to get this assistance without hindrance.

"Zimbabwe authorities admit to abducting the 11 political activists and yet continue to profess ignorance as to their whereabouts," said Gagnon. "Those responsible are committing a crime, and they should produce the men immediately."