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(单词翻译:双击或拖选)
By Delia Robertson
Johannesburg
31 January 2006
South Africa's National Prosecuting1 Authority says it is ready to prosecute2 people who were refused or failed to apply to the Truth and Reconciliation3 Commission for amnesty for apartheid-era human rights crimes. While some apartheid leaders may be charged, thousands more who perpetrated gross human rights violations4 are unlikely to face justice.
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About 5,400 applications for amnesty were denied by South Africa's Truth and Reconciliation Commission at the end of its work in 2003. More than 7,000 applications were received.
It is not known how many people who could have applied5, did not. But the National Prosecuting Authority is ready to prosecute just five people, with 15 more cases likely to follow.
The Truth and Reconciliation Commission was launched in late 1995 to deal with cases of gross human rights violations committed in pursuit of political goals during the last three decades of apartheid, which ended in 1994.
The work of the commission was divided in two - the first process entailed6 hearings into human rights violations, and the second was an amnesty process. There was no distinction drawn7 between acts committed to uphold apartheid or in the struggle against it. But the overwhelming number of cases heard by the Truth and Reconciliation Commission, involved acts in support of apartheid.
The National Prosecuting Authority is tightlipped about which cases will be heard first, but there is widespread speculation8 they will involve some of the most notorious applicants9 turned down by the commission, such as former security policeman Gideon Nieuwoudt, who was involved in the murder of prominent activist10 Steve Biko and several others in the eastern Cape11.
There is also speculation that charges might be brought against some apartheid leaders, such as former president P.W. Botha, under whose leadership some of the worst apartheid atrocities12 occurred. He set up a parallel system of government, known as Stratcom, which bypassed parliament and gave unprecedented13 power to a shadowy network of security and intelligence officers.
Archbishop Desmond Tutu
Nobel Peace laureate Desmond Tutu, who headed the Truth and Reconciliation Commission, told VOA that the commission was a magnanimous initiative in pursuit of reconciliation, adding that it would be travesty14 of justice if apartheid leaders who failed to seek amnesty, now escaped prosecution15.
"Nothing is more painful to [the victims] than to see people strutting16 around South Africa whom they know had violated their rights, whom they know were perpetrators of some of the most awful, most gruesome atrocities, seeing walking around, many of them living lives of opulence17 and the victims have got nothing really in exchange for their generosity18 and magnanimity," he said.
In approving the legal framework earlier this month, parliament noted19 that such apartheid-related prosecutions20 may become a feature of South African jurisprudence for the foreseeable future. But National Prosecuting Authority spokesman Makhosini Nkosi told VOA that it is unlikely that cases will be brought where there are no living witnesses, where the alleged21 perpetrator is very old or ill, or where evidence no longer exists.
"But having said that, essentially22 it will be about the availability of evidence and whether there are reasonable prospects23 of a successful prosecution," noted Nkosi. "If we do have such circumstances, then we would proceed definitely with prosecution."
And evidence may be hard to come by in hundreds, if not thousands, of cases. In the months prior to the end of apartheid, tons of documents were destroyed across the country by government agencies and departments, including the police and military.
And in addition to cases that cannot be successfully prosecuted24, the National Prosecuting Authority has authority to decline prosecution where it considers the case might result in political instability, or whether it might cause victims or their surviving families additional suffering.
Some of these criteria25 are similar to those which governed the Truth and Reconciliation Commission, but spokesman Nkosi says that unlike cases decided26 by the commission, victims or family members are not prohibited from taking the case further if the Authority decides against prosecution.
"But in those cases, victims or families of victims, can in terms of our law, apply to national director of public prosecutions for a private prosecution, we will give them the right to conduct private prosecutions if they think they can succeed," he added. "Over and above that they can pursue civil claims. So its not only a question of criminal prosecutions, there are other remedies that victims or families of victims can pursue."
While the records of the Truth and Reconciliation Commission are in the public domain27, the National Prosecuting Authority may not use them as evidence in prosecuting cases now. But Nkosi says that they can be used to guide current investigations28.
Despite all of this, analysts29 suggest that fewer than 100 cases will be brought before the courts ... prompting some South Africans to comment that they can be no more than symbolic30. But Archbishop Tutu, fondly known in South Africa as The Arch, told VOA symbolism can also be a powerful influence.
"Symbols are not things to sniff31 at, you know," he said. "As I say, if especially the big fish who did not come before the commission, or who escaped the other net, if some of those big fish can in fact be brought to book in an open process, then it will be I think, sufficient, and people will be aware that you could not do everything."
Archbishop Tutu says despite some shortcomings the overall Truth and Reconciliation process can be seen as a success and a key element in ensuring South Africa's peaceful transition during the past 11 years.
1 prosecuting | |
检举、告发某人( prosecute的现在分词 ); 对某人提起公诉; 继续从事(某事物); 担任控方律师 | |
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2 prosecute | |
vt.告发;进行;vi.告发,起诉,作检察官 | |
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3 reconciliation | |
n.和解,和谐,一致 | |
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4 violations | |
违反( violation的名词复数 ); 冒犯; 违反(行为、事例); 强奸 | |
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5 applied | |
adj.应用的;v.应用,适用 | |
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6 entailed | |
使…成为必要( entail的过去式和过去分词 ); 需要; 限定继承; 使必需 | |
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7 drawn | |
v.拖,拉,拔出;adj.憔悴的,紧张的 | |
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8 speculation | |
n.思索,沉思;猜测;投机 | |
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9 applicants | |
申请人,求职人( applicant的名词复数 ) | |
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10 activist | |
n.活动分子,积极分子 | |
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11 cape | |
n.海角,岬;披肩,短披风 | |
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12 atrocities | |
n.邪恶,暴行( atrocity的名词复数 );滔天大罪 | |
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13 unprecedented | |
adj.无前例的,新奇的 | |
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14 travesty | |
n.歪曲,嘲弄,滑稽化 | |
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15 prosecution | |
n.起诉,告发,检举,执行,经营 | |
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16 strutting | |
加固,支撑物 | |
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17 opulence | |
n.财富,富裕 | |
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18 generosity | |
n.大度,慷慨,慷慨的行为 | |
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19 noted | |
adj.著名的,知名的 | |
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20 prosecutions | |
起诉( prosecution的名词复数 ); 原告; 实施; 从事 | |
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21 alleged | |
a.被指控的,嫌疑的 | |
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22 essentially | |
adv.本质上,实质上,基本上 | |
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23 prospects | |
n.希望,前途(恒为复数) | |
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24 prosecuted | |
a.被起诉的 | |
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25 criteria | |
n.标准 | |
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26 decided | |
adj.决定了的,坚决的;明显的,明确的 | |
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27 domain | |
n.(活动等)领域,范围;领地,势力范围 | |
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28 investigations | |
(正式的)调查( investigation的名词复数 ); 侦查; 科学研究; 学术研究 | |
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29 analysts | |
分析家,化验员( analyst的名词复数 ) | |
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30 symbolic | |
adj.象征性的,符号的,象征主义的 | |
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31 sniff | |
vi.嗅…味道;抽鼻涕;对嗤之以鼻,蔑视 | |
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