III. Impunity through Amnesties and Clemency Since independence in 1980, the government of President Robert Mugabe has used various amnesty and clemency provisions under the constitution to unjustifiably prevent the prosecution or reduce the punishments of members of the state security forces and ZANU-PF allies responsible for serious human rights violations. Mugabe’s misuse of these provisions for partisan political purposes has added to the pervasive climate of impunity in the country, keeping rights violators in positions of authority and sending a message that accountability is irrelevant. The Zimbabwe constitution in section 31(i) empowers the president to exercise the “prerogative of mercy” by granting amnesty, pardons or clemency to those implicated in or convicted of a crime.28 While no legal or judicial limits have been placed on this power in Zimbabwe, the UN Human Rights Committee has repeatedly stated that amnesties and other legal measures that prevent investigation, prosecution, and punishment of perpetrators of human rights violations and hinder the victims of such violations from being granted reparations are incompatible with a state's obligations under the ICCPR. 29 The Committee stated that where public officials have committed serious crimes such as killings, torture and enforced disappearances, governments “may not relieve perpetrators from personal responsibility, as has occurred with certain amnesties.”30 Mugabe has used his presidential power of clemency to improperly excuse or reduce the punishments of individuals for politically motivated human rights violations. He issued Clemency Order No. 1 of April 18, 1988, “with respect to all human rights violations committed by the state security forces and so-called dissidents between 1982 and the end 28 Constitution of Zimbabwe, 1979, as amended, art 31(i). Although the constitution does not use the word “amnesty,” it refers to pardons of any person “concerned in” but not convicted of a crime, which is what an amnesty is. 29 See UN Human Rights Committee, General Comment No. 20, Prohibition of Torture and Cruel Treatment or Punishment (Forty-fourth session, 1992), , para. 15. See, e.g. UN Human Rights Committee, "Consideration of Reports Submitted under Article 40 of the Covenant, Comments of the Human Rights Committee, Argentina," CCPR/C/79/Add.46, 1995, http://www1.umn.edu/humanrts/hrcommittee/ARGENTNA.htm (accessed January 23, 2011), paras. 3 and 11; "Consideration of Reports Submitted by State Parties under Article 40 of the Covenant, Concluding Observations of the Human Rights Committee, Argentina," CCPR/CO/70/ARG, November 3, 2000, "Consideration of Reports Submitted by State Parties under Article 40 of the Covenant, Concluding Observations of the Human Rights Committee, France," CCPR/C/79/Add.80, August 4, 1997, http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CCPR.C.79.Add.80.En?Opendocument (accessed January 23, 2011), para. 13; and "Consideration of Reports Submitted by State Parties under Article 40 of the Covenant, Concluding Observations of the Human Rights Committee, Croatia," CCPR/CO/71/HRV, April 30, 2001, http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CCPR.CO.71.HRV.En?Opendocument (accessed January 23, 2011), para. 11. 30 UN Human Rights Committee, General Comment No. 31, “Nature of the General Legal Obligation Imposed on States Parties to the Covenant,” CCPR/C/21/Rev.1/Add.13, May 26, 2004, para. 18. Perpetual Fear 24