Nixon Nyikadzino v Zimbabwe 68. Article 56(2) of the African Charter provides that a Communication should be compatible with the Charter or the Constitutive Act of the African Union. With regards to this requirement, the Complainant is of the view that the Communication reveals a prima Jacie violation as it alleges a violation of Articles 1, 4, 5, 6 and 10 of the Charter. The Respondent State, on the other hand, argues that the allegations are made without giving any details as to how the articles are violated, and that the facts as presented do not show prima facie violations. Based on this premise the Respondent State concludes that the facts and issues in dispute do not fall within the rationae materiae jurisdiction of the Commission. 69. As the well-established jurisprudence of the African Commission provides prima facie violation of the provisions of the Charter is said to have occurred "when the facts presented in the Complaint show that a human rights violation has likely occurred" 19 . 70. In line with the above requirement, the Complainant in part two (paragraphs 2.1 to 2.9) of its submissions succinctly narrates how the Victim allegedly suffered, among others, from acts of torture, inhumane and degrading treatment in the hands of suspected members of the military intelligence in the Zimbabwe Defense Force while he was in Zimbabwe. In Section four (paragraphs 4.1 to 4.6) of its submissions, the Complainant tries to show how the alleged acts of the Respondent State violate Articles 1, 4, 5, 6 and 10 of the Charter. Moreover, the Complainant has attached some documentary evidences to corroborate its allegations.20 71. Therefore, the African Commission is convinced that the facts of the Complaint together with the evidences presented and the link made with the provisions of the African 19 Communication 306/05 - Samuel T. Muzerengwa and 110 Others (represented by Zimbabwe Lawyers for Human Rights) v Zimbabwe (2011) ACHPR para. 56. 20 The facts of the case are summarized in this decision under 'summary of the Complaint' 171Page 11 th Extraordinary Session of the ACHPR

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