Article 5 of the African Charter.1 85. The Complainant states that consequent to the Victim's incarceration, the Victim suffered severe physical injuries and psychological trauma as a result of the torture, requiring the Victim to receive treatment for physical injuries and psychological trauma from Parirenyatwa Avenues and Dandaro Hospital and clinics in Zimbabwe. He states that when the Victim fled to South Africa, he was still suffering from physical injuries, severe depression, nightmares, temporary impotence, that he had to receive further treatment and counseling for trauma at the Centre for Studies of Violence and Reconciliation for at least one year. He states that during this period the Victim was on anti-depressants and other medication, which contributed to the disruption of his family. 86. The Complainant informs the African Commission that he has already submitted medical evidence which was filed with the African Commission proving that the Victim suffered the above injuries. The Complainant also states that in the event that the Respondent State disputes these submissions, and makes an undertaking to reimburse the Victim for expenses incurred if the latter wins this, he will call for further verbal testimony from medical practitioners who attended the Victim. Alleged Violation of Article 6 87. The Complainant avers that according to Article 6 of the Charter everyone has 'the right to liberty and to the security of his person'. He argues that this right is aimed against arbitrary arrest and detention.2 He states that the Victim's right to liberty was contravened when he was detained as was shown in the facts of the case. He argues that the Victim's arrest was made worse, despite a release order from the High Court. He states that the Victim was detained beyond the stipulated 48 hours. Alleged Violation of Article 7 88. The Complainant avers that Article 7 guarantees what are ordinarily referred to as fair trial rights. He states that under paragraph (c) of Article 7, it is declared that the right includes 'the right to defence, including the right to be defended by counsel of his choice'. He argues that the fact that the Victim was denied access to legal representation during his detention, and was only allowed access on the day he appeared in court constitutes a contravention of his right to fair trial, in that this refusal limited his ability to adequately prepare himself for Court beforehand. Alleged Violation of Article 10 89. The Complainant argues that Article 10(1) the African Charter guarantees the right to freedom of association and prohibits any physical attack against any person on the basis of his affiliation with any association. He argues that the arrest and the consequent acts of torture perpetrated against the Victim owing to his alleged affiliation with the opposition party by representing members of the party in legal matters is contrary to the right to freedom of association. 90. The Complainant argues that the right to property is guaranteed under Article 14 of the African Charter. He says that it prevents interferences with the enjoyment of his right, and by the Respondent State taking away his belongings including documents; the Respondent State violated the Victim's right by its act of taking the diary, other documents and cell phone. 91. In conclusion the Complainant prays for the following relief: o That the Respondent State be declared to have violated the Victim's right to physical integrity in contravention of Article 4 of the African Charter. o That the Respondent State violated the Victim's right not to be tortured, or to be subjected to cruel, inhumane and degrading treatment or punishment, in contravention of Article 5 of the African Charter. o That the Respondent State violated the Victim's right to protection against arbitrary arrest, fair trial, freedom of association, property and work. o That an inquiry and investigation be carried out to bring those who perpetrated the violations to justice. 9

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