Time for accountability 25 The right to a remedy “I want my attackers to be brought to justice. That is my desire. The rule of law should prevail. We would like to see the police doing their work. At the present moment it is a waste of time to report a matter to the police.” 74-year-old victim of state-sponsored violence from Gokwe, August 2008 In order to ensure the right to a remedy, states must establish the truth, bring those responsible for human rights violations to justice and ensure that victims receive reparation. States must establish the facts about violations of human rights that have occurred. States must investigate violations and bring the perpetrators to justice, in proceedings that comply with international standards of fair trial. States must also provide victims and their families with full and effective reparation, in the form of restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. The responsibility of ensuring that impunity does not prevail in any society rests squarely with government, through its law enforcement agents; while the judiciary is to ensure that the law is interpreted and applied correctly in dealing with suspected perpetrators brought before the courts.35 Those who are being investigated or facing prosecution for human rights violations or who are subjected to disciplinary proceedings should be suspended from official duties pending the outcome. The fact that a perpetrator acted on the orders of a superior does not exempt them from criminal responsibility, and likewise superiors are not exempt from responsibility for violations committed by their subordinates if they knew or should have known about the actions of the subordinate and did not take all the necessary measures within their power to prevent or punish the crime. The official status of a perpetrator of a crime under international law – even if acting as head of state or government – does not exempt them from criminal or other responsibility.36 In order to guarantee non-recurrence of human rights violations, states should implement institutional, legislative and administrative reforms to ensure that public institutions are organized in a manner that ensures respect for the rule of law and protection of human rights. These reforms should be developed in consultation with and with the participation of the public, including victims and other sectors of civil society. Public officials, particularly those in the security forces, who are personally responsible for human rights violations should be removed from office in a procedure which complies with the requirements of due process.37 Amnesty International AI Index: AFR 46/028/2008