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The findings indicate that the victims were motivated to testify and that this was supported by
their families and their communities. The pre-testimony process seems to have been wellorganised, with virtually all the sample being satisfied with the preparation and support given by
the legal and medical teams. This is an important finding since it was intended that there be as
much support as possible for these victims, and that the support lead to the best possible
testimony.
The process of testifying was rather more complex. For nearly all the sample, this was their first
time in court, and the adversarial process was intimidating for virtually all: only 24% felt that that
they had been well-treated under cross-examination. Additionally, most felt that the judges were
indifferent to them, but most felt that they had had enough time for their testimony and had been
able to say all that they wanted. The presence of the respondent, who was generally accused of
sponsoring violence that had directly affected the witnesses, was clearly intimidating. There are
clearly some issues that have a strong bearing on any future human rights tribunals.
Most felt relieved that this clearly intimidating process was over, and most were happy with the
verdicts. Although there was no shift in mental health status that went with the verdict, it was
apparent that those victims who felt that their testimony had produced a successful verdict were
more satisfied than those from the unsuccessful petition. That there was no shift in mental health
status due to the verdict must be seen in the light of the subsequent threats and attacks upon
these witnesses. It would be unusual for there to have been a shift when threats of a very real
nature still remained.
The Court process was clearly difficult for these victims, and very different to the process that
obtains in human rights tribunals such as the South African Truth and Reconciliation Commission.
Testimonies were given in a clearly adversarial setting, and not in a victim-driven setting, and this
clearly makes it much more difficult for victims.
It seems clear that certain factors must be taken into account when victims of torture are giving
testimony, and the first relates obviously to their safety. Clearly it is wholly unacceptable that any
witness is harassed or attacked as a consequence of being a witness, and it should be incumbent
upon the courts to ensure that witness protection is seriously undertaken by the police. This must
be so for attacks upon witnesses or harassement is an attempt to subvert justice, and the courts
have to take a strong line here.
The second issue relates to the giving of testimony itself. Where victims of torture are appearing
in court, there should be mechanisms to ensure that the process is victim-driven, in much the
Heroism in the Dock: Does testifying help victims of organised violence and torture? A pilot study from Zimbabwe.
Select target paragraph3
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