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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