42 Conclusions As can be seen from this report, the evidence provided by these victims in testifying before the High Court is considerable cause for concern. There is ample evidence for claiming that systematic torture has been used in the political campaign, and the evidence indicates that the ruling party, Zanu(PF), has been mostly responsible for this. The evidence indicates that Zanu(PF) youth, the militia groups called “war veterans”, the Central Intelligence Organisation and the Zimbabwe Republic Police have been the major perpetrators. The evidence also indicates that parliamentary candidates, Zanu(PF) officials, and even senior members of the Government were involved either in the perpetration, instigation or condoning of the this violence. Senior members of the Government are on record as inciting violence, and certainly there are very few examples of Government Ministers repudiating the use of violence or insisting that the violence be controlled by the ZRP. It is against this background that the AMANI Trust can feel confident in using the term “torture” to describe the violence that occurred during the 2000 General election. As we indicated above, the definition of torture requires the fulfilling of 4 criteria, and we are satisfied that these are fulfilled in a majority of the cases described above. There is ample evidence of the “infliction of severe pain and suffering, mental and physical”, done “intentionally”, with the clear “purpose” of a political goal, and done in all cases by government officers or people acting with the clear support of the authorities. It may seem a trifle steep to claim that the Government supported all this horrible behaviour, but this can be the only conclusion where the civil authority fails to execute its constitutional duty and maintain the peace. The Government had the power and the tools to stop violence, and yet, as the evidence of these victims clearly demonstrates, there are virtually no signs that the State did this or attempted to do this. These conclusions are corroborated by the reports of international organisations such as the International Rehabilitation Council for Torture Victims (IRCT)xxvi, and also Amnesty Internationalxxvii. This all describe a situation in which the rule of law was almost wholly absent, and this could scarcely be the ideal ground from which a free and fair election could spring. We can only reiterate the recommendations of the IRCT xxviii: 1. It is imperative that the Zimbabwe Government sign and ratify the UN Convention Against Torture and Other Forms of Cruel, Inhuman and Degrading Treatment and Punishment as soon as possible. 2. There should be an independent judicial commission appointed to investigate all gross human rights violations. 3. A policy of reparations should be developed and implemented. This policy should include Restitution, Compensation and Rehabilitation. i See ZIMBABWE HUMAN RIGHTS NGO FORUM (2000), Who is Responsible? A Preliminary Analysis of Pre-election Violence in Zimbabwe, HARARE: ZIMABWE HUMAN RIGHTS NGO FORUM; ZIMBABWE HUMAN RIGHTS NGO FORUM (2000), Report on Pre-election Violence in Mberengwa, HARARE: ZIMABWE HUMAN RIGHTS NGO FORUM. ii See AMNESTY INTERNATIONAL (2000),Zimbabwe: Terror tactics in the run-up to the parliamentary elections, June 2000, LONDON: AMNESTY INTERNATIONAL. See also IRCT (2000), Organised Violence and Torture in Zimbabwe, Harare and Copenhagen, 6th June 2000, COPENHAGEN: IRCT. iii See CCJP/LRF (1997), Breaking the Silence. Building True Peace: A Report on the Disturbances in Matabeleland and the Midlands, 1980 to 1988, HARARE: CATHOLIC COMMISSION FOR JUSTICE AND PEACE, & LEGAL RESOURCES FOUNDATION; See also ZIMABABWE HUMAN RIGHTS ASSOCIATION (1999), Choosing the Path to Peace and Development; Coming to Terms with Human Rights Violations of the 1982-1987 Conflict in Matabeleland and Midlands Provinces, HARARE: ZIMBABWE HUMAN RIGHTS ASSOCIATION. See also, for a more detailed exposition, J. ALEXANDER, J. McGREGOR, & T. AMANI Trust: Organised Violence and Torture in the June 2000 General Election in Zimbabwe