94. The Complainant submitted that ZANU (PF) supporters acting in concert with war veterans subjected
their victims to severe mental and physical suffering. They abducted and force-marched farm labourers to
camps for political re-education meetings and to attend ZANU (PF) rallies as in the case of Robert
Serengeti, Fungai Mafunga, Chamunorwa Steven Bitoni, Tazeni Chinyere, Champion Muleya, Bettie
Muzondi and Misheck Muzondi. According to the Complainant, while in the political re-education meetings,
some of the farm workers were asked to produce ZANU (PF) membership cards and where they failed to
produce ZANU (PF) membership cards they were interrogated about their involvement with opposition
political parties. It is alleged that they were further ordered to lie prone and to roll in the mud while water
was poured over them and that victims reported being subjected to severe beatings with various objects
such as sticks, sjamboks, open hands, axe handles and hosepipes. Petros Sande for example, is alleged to
have testified that he was ordered to stick his penis in the sand and imitate sexual positions until he
masturbated. When he failed to perform to his assailants' satisfaction his penis was hit with a stick.
95. The Complainant provided information about persons who alleged to have been subjected to
ill-treatment and stated that the victims of these atrocities reported to the police but in many of the cases
the police made no effort to arrest or investigate the reports. Other victims were issued with death threats if
they reported while others such as Sekai Chadeza feared reprisals and so they declined to report the
assaults to the police.
96. The complainant submitted that all the above examples reveal a violation of Article 5 of the African
Charter by the Respondent State and referred the African Commission to its jurisprudence in International
Pen et al (on behalf of Ken Saro- Wiwa Jnr)/Nigeria19 where it held that "the prohibition in Article 5 included
not only actions which cause serious physical or psychological suffering, but also actions which humiliate
the individual or force him or her to act against his will or conscience."
According to the complainant, the prohibition of torture, cruel, inhuman and degrading treatment is
absolute20 and one of the most fundamental values of a democratic society21 .
Allegation of violation of Article 6 of the African Charter
97. The Complainant also alleged a violation of Article 6 of the African Charter which provides that "every
individual shall have the right to liberty and to the security of his person. No one may be deprived of his
freedom except for reasons and conditions previously laid down by law. In particular, no one may be
arbitrarily arrested or detained."
98. The complainant submitted that the victims in the communication were abducted and kidnapped and
held in detention for a whole night at camps established by war veterans and ZANU (PF) supporters mainly
because they held differing political opinions. The complainant asserted that kidnapping of a person is an
arbitrary deprivation of their liberty.22
99. The Complainant further submitted that the African Commission has held that detaining a person on
account of their political beliefs, especially where no charges are brought against them renders the
deprivation of liberty arbitrary and where government maintains that no one is presently detained without
charge does not excuse past arbitrary detentions23 The Complainant makes reference to the decision of
the European Court of Human Rights in Ibilgin v Turkey24 where it stated that "any deprivation of liberty
must not only have been effected in conformity with the substantive and procedural rules of national law but
must equally be in keeping with the very purpose of Article 5, namely to protect the individual from arbitrary
detention."
100. The Complainant stated that arbitrary deprivation of liberty often involve an element of suffering or
humiliation which also amounts to cruel, inhuman or degrading treatment25 .
Allegation of violation of Articles 9, 10 and 11 of the African Charter
101. The Complainant further alleged a violation of Articles 9, 10 and 11 of the African Charter averring that
there is a close relationship between these rights26 . Article 9 of the African Charter provides : (1) Every
individual shall have the right to receive information.
(2) Every individual shall have the right to express and disseminate his opinions within the law. Article 10 of
the African Charter provides : (1) Every individual shall have the right to free association provided that he
abides by the law.
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