It seems evident from the monthly data collected by the Human Rights Forum that gross human
rights violations – torture, political discrimination, murder, death threats, assault, and abductions
– are significantly more frequent during election periods. The arguably less serious violations –
unlawful arrest and detention, interference with freedoms, displacement, and disappearances – are
significantly more common in the other months. This does seem to provide prima facie support for
the view that the organized violence and torture was strategic, and this is additionally supported
by the State’s apparent condonation of it, by granting amnesties and failing to take action against
the perpetrators.20 It is relevant to point out that the State can be held liable for acts of omission
as well as acts of commission, and it is certainly not the case that the ZANU(PF) government was
unaware of the many reports being issued: it has even been challenged on its human rights record
by the African Commission on Human and Peoples’ Rights. Ignorance may be bliss, but is hardly
a defence!
20
A similar point has been made in respect of the Food Riots. Here, see Zimbabwe Human Rights NGO Forum, What
Happened to the Victims of the Food Riots, 19–23 January 1998? (Harare: The Human Rights NGO Forum, 2006).
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