such violations before being called before an international body. In this case, the government has had
ample notice of the violation.
37. The Commission has never held the requirement of local remedies to apply literally in case
where it is impractical or undesirable for the Complainant to seize the domestic courts in the case of
each violation. This is the situation here, given the vast and varied scope of the violations alleged and
the general situation prevailing in Zaire.
38. For the above reasons, the Commission declared the communications admissible.
Merits
39. The main goal of the communications procedure before the Commission is to initiate a positive
dialogue, resulting in an amicable resolution between the complainant and the State concerned, which
remedies the prejudice complained of. A pre-requisite for amicably remedying violations of the Charter
is the good faith of the parties concerned, including their willingness to participate in a dialogue.
40. In the present case, there has been no substantive response from the Government of Zaire,
despite the numerous notifications of the communications sent by the African Commission. The
African Commission, in several previous decisions, has set out the principle that where allegations of
human rights abuse go uncontested by the government concerned, even after repeated notifications,
the Commission must decide on the facts provided by the Complainant and treat those facts as
2
given. This principle conforms with the practice of other international human rights adjudicatory
bodies and the Commission’s duty to protect human rights. Since the Government of Zaire does not
wish to participate in a dialogue, the Commission must, regrettably, continue its consideration of the
case on the basis of facts and opinions submitted by the Complainants alone.
41. Article 5 of the African Charter prohibits torture and inhuman or degrading treatment. The torture
of 15 persons by a military unity at Kinsuka, near the Zaire River, as alleged in communication 25/89,
constitutes a violation of this article.
42. Article 6 of the African Charter guarantees the right to liberty and security of person. The
indefinite detention of those who protested against torture, as described in communication 25/89,
violates Article 6.
43. Article 4 of the African Charter protects the rights to life. Communication 47/90, in addition to
alleged arbitrary arrests, arbitrary detention and torture, alleges extrajudicial executions which are a
violation of Article 4.
44. Article 7 of the African Charter specifies the right to have one’s cause heard. The unfair trials
described in communication 47/90 constitute a violation of this right.
45. Article 8 of the African Charter protects freedom of conscience. The harassment of the
Jehovah’s Witnesses, as described in communication 56/91, constitutes a violation of this article, since
the government has presented no evidence that the practice of their religion in any way threatens law
and order. The arbitrary arrests of believers of this religion likewise constitute a contravention of Article
6, above.
46. The torture, executions, arrests, detention, unfair trials, restrictions on freedom of association and
freedom of the press described in communication 100/93 violate the above articles.
47. Article 16 of the African Charter states that every individual shall have the right to enjoy the best
attainable state of physical and mental health, and that States Parties should take the necessary
measures to protect the health of their people. The failure of the Government to provide basic services
such as safe drinking water and electricity and the shortage of medicine as alleged in communication
100/93 constitutes a violation of Article 16.
48. Article 17 of the Charter guarantees the right to education. The closures of universities and
secondary schools as described in communication 100/93 constitutes a violation of Article 17.
Holding
For these reasons, the Commission