7 Discussing the justice mechanisms available to Zimbabweans in cases of state-sponsored violence The Zimbabwean government should see to it that those who have committed human rights abuses are held accountable. Moreover, those found culpable while they were or are still serving in any capacity in the armed or security forces of the state should not be allowed to continue the rolls of reconstituted, democratic law enforcement or security related societies. What remains important for Zimbabwe is that any accountability measures for past human rights violations are legitimate. This should be through an open, democratic debate that includes consultation with and participation of the relevant stakeholders and full transparency of decisions. Second, transitional justice mechanisms should be contemplated as comprehensive and holistic approach. This is not only because there will always be an “impunity gap”, many cases of abuse will not be resolved by trials, thus generating the need for a broader treatment of the universe of violations. It is also because the emerging principles in international law establish that the obligations of the State are four-fold: to prosecute perpetrators, to unearth the truth, to offer reparations to victims, and to reform abusive public institutions. While there is need to recognize the inherently inconclusive nature of justice, a holistic, balanced, comprehensive approach to transitional justice, placing similar emphasis on each of the four obligations, can at least temper this inconclusive nature. A general comment on the right to education that is equally applicable to the State's obligations towards citizens is General Comment no. 13 by the Committee on Economic, Social and Cultural Rights at the Twenty First Session E/C.12/1999/10, of 8 December 1999 which provides: a) Availability of justice – functioning judicial systems and mechanisms should be made available to victims and citizens in enough quantities. What is required for the justice system to work varies but generally facilities such as an efficient judiciary, enough and professional police officers who can carry out investigations and have the power to bring offenders to book is critical. The distance from police stations and courts is important. b) Accessibility to justice – Justice institutions and programmes should be accessible to everyone, without discrimination. Accessibility has three overlapping dimensions: (i) Nondiscrimination – justice must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination on any of the prohibited grounds on nondiscrimination. (ii) Physical accessibility – justice institutions should be within safe physical reach, at some reasonably convenient geographic location (e.g. a neighborhood police station, court). (iii) Economic accessibility – justice must be affordable to all. The affordability relates to matters surrounding the costs to hire lawyers, submission of documents, money required to travel from police stations, courts and other institutions charged with instituting justice. Anti-Impunity Report 33

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