Much of the testimony has consisted of profoundly moving descriptions of human suffering which would have otherwise gone unacknowledged and unknown on a broader basis by the rest of society. The message has been a clear portrayal of the tragic face of South Africa. The dilemmas of amnesty One of the criticisms levelled at the TRC process is that its machinery provides for the granting of amnesty to wrongdoers from civil and criminal prosecution. In order to qualify for amnesty persons who apply must show that the wrongs committed were politically motivated and a full and frank disclosure has been made. Clearly many will bitterly resent the instruments of their distress escaping punishment but it is a price that is paid for the overriding requirement for the truth.
Retribution is seen here as of lesser importance.
One of the most strikingly successful aspects of the amnesty system is that it has encouraged people to testify and resulted in the hearing of evidence which would otherwise never see the light of day. This is especially the case where killings are admitted and described by the perpetrators but also many instances of police brutality and torture of suspects. As a practising advocate there is an area where the TRC has been particularly meaningful to me. In the course of some years at the bar I have represented numerous accused persons who have signed written statements confessing their involvement in the serious crimes for which they were charged. Instead, in case after case, the accused have described how they were tortured to extract their acquiescence to a 'confession'.