to be committed. To identify those responsible, and to show what they did, is to mark them with a
public stigma that is a punishment, and to identify the victims, and recall how they were tortured and
killed, is a way of acknowledging their worth and dignity.⁵²
Counter arguments raised by other victims on the idea of a truth process
Discussions with victims of human rights violations that have been in touch with the Forum have
largely centered on the need for punishment that can only be delivered through criminal prosecutions.
Several victims have expressed the need to know the truth but not at the expense of accountability and
punishment for perpetrator. They have argued that perpetrators have an obligation to release any
information they have, know or might know about certain rights violations they committed. Victims
have pointed out that in most cases they know what happened and would not want the truth to be
distorted by alternative storylines and narratives as they know the individuals who perpetrated violence
against them.
The Forum, in its consultations with the victims who have approached it, has noted that other options
that have been put on the table include the need for the government to officially and publicly
acknowledge in government documents and legislation that certain human rights abuses were
committed and there is need to hold perpetrators accountable and provide justice to victims. Besides
atoning the victims and survivors, such a gesture would serve as an important precursor to follow up
judicial action if at all the Zimbabwe was not ready for a full-scale prosecution. The Forum believes
that, with the necessary political will, an authoritative report of a special Commission set up for the
crimes committed by the police in Zimbabwe can help the nation take the next step towards bringing
perpetrators to justice. ⁵³
Even though truth-seeking bodies such as special Commissions in Zimbabwe have limited
prosecutorial powers, the Forum is of the view that their broader mandate to focus on a pattern of
events, including the causes and consequences of political violence, allows them to go much further in
their investigations and conclusions than is generally possible in any trial of individual perpetrators.
For example, truth-seeking bodies are usually able to reveal the truth about the state and its various
institutions that carried out or condoned the repression – including the military and the police. In
addition, by listening to victims' stories, perhaps holding public hearings, and publishing a report that
describes a broad array of experiences of suffering, a truth-seeking body in Zimbabwe on the violations
by the police would effectively give victims a public voice and bring their suffering to the awareness of
the broader public. For some victims and survivors, this process would have a liberating effect.
The controversial issue of divulging names when truth processes for the police are held
One of the issues that continue to spark major controversy in Zimbabwe among most policy makers is
the issue of whether members of the police and other state agents reigned before a truth-seeking process
outside the criminal justice system would be willing to divulge such kinds of information. Victims are
supportive of the view that naming names is part of the truth-telling process, especially in a country like
Zimbabwe where it is clear the judicial system does not function well enough for perpetrators to be
prosecuted. What stands between such confessions and that kind of truth is a plethora of legislation such
⁵² A Neier, “What Should Be Done About the Guilty? ‟, (1990) 37 New York Review Books at 32.
⁵³ See Security Council Resolution 827, U.N. SCOR, 48th Session 3217th Meeting, U.N. Doc. S/RES/827 (1993) (establishing Yugoslavia War Crimes
Tribunal); S.C Res. 955, 49th Session 3453dmtg., U.N. Doc
S/RES/955 (1994) (establishing Rwanda War Crimes Tribunal).
Anti-Impunity Report
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