30. In holding this case admissible the Commission has already established that none of the
deportees had the opportunity to seize the Zambian courts to challenge their detention or deportation.
This constitutes a violation of their rights under Article 7 of the Charter and under Zambian national
law.
31. The African Commission will not dispute that the Zambian state has the right to bring legal action
against all persons illegally residing in Zambia, and to deport them if the results of such legal action
justify it. However, the mass deportation of the individuals in question here, including their arbitrary
detention and deprivation of the right to have their cause heard, constitute a flagrant violation of the
Charter.
Holding
For the above reasons, the Commission
Decides that the deportations constitute a violation of Articles 2, 7.1(a), and 12(5) of the African
Charter
Resolves to continue efforts to pursue an amicable resolution in this case.
th
Taken at the 20 Ordinary Session, Grand Bay, Mauritius, October 1997.