It’s a painful experience knowing that our
neighbors, who we see every day, were the
perpetrators. I feel angry. The perpetrators
have made it clear at their rallies that at the
next elections they will do it again because
they didn’t get arrested. We now live in
perpetual fear. We can’t do anything about it.
We have received no help from the state.
Tendai L., whose parents were murdered by
soldiers and suspected ZANU-PF supporters
on June 25, 2008
There has been little or no accountability for these crimes.
Cases of political violence that have been filed by victims or
their relatives have been largely ignored by the police, or have
stalled in the courts. The government has failed to respond to
calls by local nongovernmental organizations for the
government to investigate these abuses. Ending impunity for
past and ongoing abuses is essential if Zimbabwe is to end
violence and firmly establish the rule of law.
The power-sharing government comprised of ZANU-PF and
the two factions of the MDC, claimed a commitment to human
rights reform, but has shown no political will to address
longstanding impunity for human rights abuses. With a
referendum and elections planned for this year, the lack of
accountability and justice for past abuses raises the specter
of further violence, and poses a significant obstacle to the
holding of free, fair, and credible elections.
For more than a decade, elections in Zimbabwe have been
marked by widespread human rights violations committed by
the security forces and supporters and allies of ZANU-PF, such
as “youth militia” and war veterans. Thousands of MDC
supporters, officials, and human rights activists have been
targets of abuses with little or no accountability, encouraging
further attacks.
This report highlights the impunity that prevails in
Zimbabwe. It provides an update on illustrative cases of
political killings, torture, and abductions that took place
during the presidential election run-off in 2008 and in the
aftermath of the elections. Human Rights Watch’s June 2008
report on the violence, “Bullets for Each of You:” StateSponsored Violence since Zimbabwe’s March 29 Elections,
documented how the ZANU-PF-led government, at the highest
levels, was responsible for widespread and systematic
abuses that led to the killing of up to 200 people, the beating
and torture of 5,000 more, and the displacement of about
36,000 people. Instead of pursuing accountability for the
crimes committed by the security forces and other ZANU-PF
sympathizers, since the release of that report, the government
has not made any genuine effort to investigate, much less
discipline or prosecute any of the individuals responsible.
4
The power-sharing government has also failed to hold to
account security agents who abducted and tortured over 40
MDC officials and human rights activists in November and
December 2008, despite court rulings that acts of torture were
committed, and the activists having identified some of the
agents responsible.
The top leadership of Zimbabwe’s security forces, including
the armed forces, police, prison service, and Central
Intelligence Organization, remain partisan and aligned to
President Robert Mugabe and ZANU-PF. The leaders of the
security forces who previously publicly declared their support
for ZANU-PF and who were implicated in serious human rights
violations associated with electoral violence in 2008 have not
been disciplined, removed from their posts, or charged with
criminal offenses.
Local human rights groups have reported that those who
committed serious crimes during the 2008 elections often
continue to live in the same communities in which they
committed the crimes, sometimes next door to their victims.
In some cases security agents and ZANU-PF supporters who
tortured and beat people during the 2008 election run-off
have threatened victims with further violence, ahead of a
proposed referendum and new elections scheduled for 2011.1
The victims of human rights abuses continue to be denied
their right to justice and an effective remedy, as required
under international human rights law. At the same time,
perpetrators of abuses enjoy de facto immunity from
prosecution by virtue of their association with ZANU-PF.
President Mugabe has also politicized use of the powers
under the constitution to grant pardons, amnesty, or clemency
to those implicated in or convicted of serious human rights
violations. A compromised judiciary and a highly partisan
police force, whose members have also been implicated in
abuses, leave little hope of justice for victims of abuses.
The failure of the power-sharing government to end
impunity—the difficulties involved notwithstanding—has
further complicated the prospects of restoring the rule of law
in Zimbabwe. Unless the power-sharing government finds the
political will to impartially investigate, prosecute, and ensure
appropriate punishment and reparations, human rights
violations will continue.
Human Rights Watch calls on the power-sharing
government to immediately embark on credible, impartial and
transparent investigations into serious human rights abuses
and discipline or prosecute those responsible, regardless of
their position or rank. The government should put transitional
justice mechanisms in place while reforming the criminal
justice system to ensure that it meets international legal
standards.
1 The referendum and elections may not be held this year, due to
disagreements between the MDC and ZANU-PF over the constitution, the
timing of the elections and other issues.
Perpetual Fear