5
be greatly exacerbated in more hostile settings such as cross-examination in the courtroom. The
victim-as-witness can have considerable problems in giving a good account of his or her
experience in a hostile environment, and this can clearly prejudice the outcome of any hearing in
which the victim’s testimony is important to that outcome.
This has been recognized in contemporary human rights tribunals and both the hearings around
the Truth and Reconciliation Commission in South Africa and the International Criminal Tribunal
on the Balkans at the Hague set up special systems to deal with this issue. In both systems the
following were applied:
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Witnesses were brought to a central venue prior and during the hearing;
Witnesses were provided with access to a special team prior to testifying;
Witnesses were provided with briefings about the court proceedings;
Witnesses were given psychological counselling pre- and post-testimony;
Witnesses were provided with support personnel during their testimony;
Courts were provided with information relating to the special needs of victims.
These systems ensured as far as possible that there was no further traumatisation of victims, and
ensured that the victims gave the most favourable account of their experiences. Most of these
issues are covered in a comprehensive document that is now accepted as the standard manual
by the United Nations High Commission for Human Rights7.
A system for Zimbabwe was set in place that used a similar system to that described briefly
above. As regards the witnesses, they were brought immediately prior to the trial to a central
location in Harare. At this central location, the following occurred:
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Briefing by the trial counsel on their evidence;
Briefing by staff from the Human Rights Legal Unit on court procedure and trials;
Medical examinations by doctors where this is necessary;
Examinations and treatment by Rehabilitation Department of the University of Zimbabwe;
Psychological examinations by AMANI staff for all witnesses;
Counselling by Amani Trust staff on their human rights violation and their fears about
testifying;
De-briefing by Amani Trust staff following their testimony;
Video-taping of all testimony.
It was hoped that this system would ensure that the victims were able to give a good account of
their traumatic experiences, and that all medical and psychological problems would be
addressed. The system would also allow the preparation of both a dossier for submission to
international human rights bodies, and for the preparation of civil suits on behalf of the victims.
7
See UNHCHR(2000), A Manual for the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (The Istanbul Protocol).
Heroism in the Dock: Does testifying help victims of organised violence and torture? A pilot study from Zimbabwe.