State makes reference to McCann and Others v the United Kingdom7where it
was stated that an enquiry should be made whether a Convention does oblige
Contracting Parties to incorporate its provisions into national law. It was held
that it is not the role of Convention institutions to examine in abstracto the
compatibility of national legislative or constitutional provisions with the
requirements of the Convention. The Respondent State submits that in the
present Communication, what the African Commission is referred to are
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provisions of national legislation of a country which is not party to the
African Charter. The Respondent State notes that the provisions of the
African Charter do not provide for the prayer requested by the Complainant.
91. The Respondent State mentions that Zimbabwean Common Law provides for
compensation for damages for acquillian action or actio injuriarum. It does not
provide damages for solatium. The rights, duties and freedoms enshrined in
the African Charter do not specifically provide for compensation in that
respect. The Respondent State therefore submits that there is no violation of
Article 1 of the African Charter.
92. The Respondent State further submits that there is no violation of Article 4 of
the African Charter flowing from the deaths of the persons. It notes that the
law enforcement agents were executing their constitutional mandate in
tracking down suspected criminals. The Respondent State claims that the
deaths occurred after proper identification by the police and the firing of
warning shots. According to the Respondent State, the killings were
unintentional which therefore means that there was no arbitrariness in the
action of the law enforcement agents.
93. Finally the Respondent State submits that the damages cited by the
Complainant have not been properly quantified as the deceased persons were
7
(21 EHRR) 97
24