6 The dream of justice – elusive or reachable The question of what Zimbabwe's victims of past human rights violations would want to see in terms of justice has been raised over time without agreement between the state, victims, human rights defenders and other relevant stakeholders. Victims who have been represented by the Forum or have reported their cases to the organization have continued to voice their needs for justice which they say should come in various forms. It is important to acknowledge that suggestions have been made on what possibilities lie ahead to deliver justice in Zimbabwe. The discussion around what justice to deliver to victims of human rights violations in Zimbabwe turns the concept of justice on its head many a times. The Forum in its continued engagements with victims since it began its work in 1998 has documented the needs of victims and expressed these in various reports, community meetings, engagements with relevant government institutions, one on one meeting with state security institutions and international conferences. Victims have made various suggestions and this section of the report will present what the victims have asked for and try to juxtapose their demands to what is possible in Zimbabwe. Will it ever be possible to prosecute all perpetrators? The Forum has met with almost half of the 30, 000 victims that have been recorded in their databases through their Public Interest Unit manned by human rights lawyers as well as its Research and Transitional Justice Unit. Many victims have expressed views that they want to see the perpetrators of violations inflicted on them prosecuted. Prosecution of state security agents is permissible under Zimbabwe's laws. The State Liabilities Act⁴⁵ Chapter 8:14 allows for claims against the State “… out of any wrong committed by any officer or employee of the State in his capacity within the scope of his authority as such officer or employee, as the case may be”. One of the most important provisions of this law is that it allows for the applicant or petitioner to” make the Minister to whom the headship of the Ministry or department concerned has been assigned nominal defendant or respondent. This is important as accountability for such actions can be attributed to the State who in most instances would have sent the perpetrators to commit the human rights violations. Cases from the Forum over the years have shown that the legal process of prosecutions does not only take time but is frustrating for victims of human rights violations by institutions such as the ZRP. In numerous instances, evidence is not collected properly, police files go missing and in other instances witnesses cannot be found. Since many of the victims do not understand the legal process they expect the cases to be completed quickly. The Forum has also found out that most victims have over the years become demoralized and stopped communicating when the legal process did not move at their anticipated pace. The cost of legal suits should also be considered. Most clients find it difficult to visit the Forum and other legal defenders who will be supporting them for signing of papers as well as appearing in courts of law. ⁴⁶ While the law provides a schedule for what sentences can be passed on violators, victims have raised issues with the short sentences that have been passed in most courts as these do not seem to be deterrent enough to prevent future violations. Zimbabwean law also has a provision that allows the President to ⁴⁶ An Analysis of Zimbabwe Human Rights NGO Forum Legal Cases, Zimbabwe Human Rights NGO Forum, Harare, June 2006 at 10. Anti-Impunity Report 23