TORTURE IN ZIMBABWE, PAST AND PRESENT would see the gross human rights violators of the past brought to trial in Zimbabwe.84 Immediately upon its signature by the British Government and by all the warring parties, amnesty was granted to everyone for everything which had been done with a political motive. 85 To avoid any doubt this was followed three months later with a general pardon in the form of another amnesty. 86 The Indemnity and Compensation Act of 1975 was repealed shortly after independence,87 but its job was complete: nobody who had done anything in the war was held accountable. (ii) 1 9 8 2 -1 9 8 8 With military action against “ dissidents”escalated in Matabeleland and the Midlands, in July 1982 the Government sought to exonerate its officials and security forces for any acts they might commit in connection with that action. As the pre88 independence state of emergency had been retained, the Government used this to issue the Emergency Powers (Security Forces Indemnity) Regulations 1982 (SI 487/1982), as amended by SI 159/1983.89 These Regulations remained in force until the state of emergency was lifted in July 1990. The signing of the Unity Accord on 27 December 1987 between Mugabe and Nkomo brought about a de facto one-party State as Zanu-PF absorbed PF-Zapu. On 18 April 1988 (Independence Day), an amnesty for all dissidents was announced, and on 28 April, Clemency Order No.1 of 1988 was signed and soon published. 90 Later, the amnesty was extended to include all members of the security forces who had committed human rights violations, 91 and all army and any other state personnel 84 Zimbabweans of all political persuasions frequently and with irony refer to the (Lancaster House) Constitution as ‘not so much a Constitution as a ceasefire document.’ 85 Ordinance 3 of 1979 (date of commencement 21 December 1979). This became the Amnesty Act [Chapter 9:02] and effectively prevented any criminal or civil proceedings being brought relating to any pre-independence political acts in the broadest sense. 86 Ordinance 12 of 1980 (date of commencement 21 March 1980). This became the Amnesty (General Pardon) Act [Chapter 9:03] which effectively gave a free pardon to anyone who had committed any pre-independence political criminal act in the broadest sense. 87 The notorious Indemnity and Compensation Act of 1975 was repealed by the War Victims Compensation Act, 1980 (No.22 of 1980), which came into effect on 14 November 1980. The latter Act is now Chapter 11:16 of the Revised Statutes. For the role of the new Act see below: V. Government Reparations Measures. 88 Under the Emergency Powers Act [Chapter 83 of 1974]. Section 3 of this Act. The indemnity Regulations were made in terms of 89 Section 4(1) of the Regulations provided: “No liability for damages shall attach to: (a) the President or any Minister or Deputy Minister in respect of anything done in good faith by him or by any person referred to in paragraph (b) for the purposes of or in connection with the preservation of the security of Zimbabwe; or (b) any member in respect of the Security Forces or any person acting under the authority of any such member in respect of anything done in good faith by such member or person for the purposes of or in connection with the preservation of the security of Zimbabwe.” Section 4A similarly granted immunity from prosecution. (The close resemblance to the wording of the notorious and repealed Indemnity and Compensation Act of 1975 is glaringly obvious – see above footnote 73.) Under section 4(2), a Ministerial certificate to the effect “ that any matter or thing referred to therein was done in good faith for the purposes of or in connection with the preservation of the security of Zimbabwe “was prima facie proof that the matter or thing was done in good faith. The immunity was made retrospective by section 4(3). This good-faith provision was later ruled unconstitutional by the Supreme Court - see below Part IV: Claiming Reparations for Torture. 90 Government Gazette Extraordinary, 3 May 1988 (GN 257A/1988). It stated that all dissidents (including those who had aided dissidents and ‘political fugitives from justice’) who reported to the police between a specified period would obtain a full pardon for any crimes committed. Agents of foreign states were specifically excluded. Pardon was also granted to certain people serving prison sentences for a multitude of crimes, and as a result many jailed criminals apart from those serving for dissident-related crimes were released. 16