many years.
The need to know the truth
Many victims of police brutality in Zimbabwe have expressed the need to just know the truth about the
abuses they suffered. Some victims who have been in touch with the Forum put forward an argument
that at times proceeding with a prosecutorial approach would just leave them going around in circles
with perpetrators being on the defensive, lying or misrepresenting facts about what really transpired.
Indeed, while it is true that trials can deepen wounds, the Forum believes that victims should not be led
or coerced to forgive and move on. The approach that should be taken is that those who want to forgive
perpetrators can only do so when they know who to forgive and for what crimes. Many victims and
survivors in Zimbabwe know what violations were perpetrated on them but at times they want to know
who the perpetrators were, why they were targeted and what has changed in the status of the
perpetrators with regards accountability and remorse.
The Forum is not under any illusion that a truth-seeking process cannot replace a justice-seeking
approach focused on prosecuting those responsible for serious past human rights violations especially
by state security agents. However, faced with a reality that numerous victims continue to raise these
sentiments it is important that their views are documented and presented. This can be achieved through
a process outside an official truth-seeking body such as the South African Truth and Reconciliation
Commission or, as the Forum proposed in 2003, a Truth, Justice and Reconciliation Commission set up
for that purpose. What is important to acknowledge is the fact that victims of torture and other
brutalities by state security agents want and need to know how the violations happened, who gave the
orders, what kind of orders were given and other relevant information.
It is true that full criminal trials have the potential to unearth all the details of what transpired during the
periods when serious human rights violations were committed by state security agents in Zimbabwe.
The Forum acknowledges the fact that most truth recovery processes or institutions hold less power
than courts of law. There is however a counter argument that criminal trials drag on for too long and
might have many technicalities that might lead to information getting hidden because of questions on
due process, among other things. Responding to criticism that truth-seeking bodies have an inherent
weakness of granting amnesty, Sachs notes that:
Most prosecutions involve amnesty anyhow. Without accomplice participation you don't get
very far. And how do you get accomplice evidence? The prosecutor tells the accomplice: [If you
tell the truth you may get amnesty]. This wasn't a notion invented just for the TRC. It is one of the
core techniques of prosecutions anywhere in the world.⁵¹
The Forum agrees that a truth recovery process not necessarily couched in truth and reconciliation
commission terms represents another key approach to providing justice for the victims of past abuses
by security state agents. Neier argues in defense of such official enquiries noting that:
By knowing what happened, a nation is able to debate honestly why and how dreadful crimes came
⁵¹ A Sachs “Four Sayings and a Denouncement‟ in Charles Villa Vicencio and Erik Doxtader (eds.) The Provocations of Amnesty: Memory, Justice and
Impunity (Institute for Justice and Reconciliation South Africa 2003) 19.
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