(2) Subject to the obligation of solidarity provided for in Article 29, no one may be compelled to join an
association. Article 11 of the African Charter provides : Every individual shall have the right to assemble
freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by
law, in particular those enacted in the interest of national security, the safety, health, ethics and rights and
freedoms of others.
102. The Complainant alleged that the victims in the present communication were abused because they
held and sought to impart political views and opinions that were unfavourable to those of the Respondent
State. It is alleged that they were forced to attend all night rallies where they were given information on why
they should support ZANU (PF) and not the opposition MDC. Furthermore, the victims were forced to
surrender their parties' campaign materials and were prevented from communicating to others their parties'
policies.
103. The Complainant submitted further that freedom of expression is a basic human right vital to an
individual's personal development and political consciousness. It is therefore one of the essential
foundations of a democratic society and one of the basic conditions for its progress.27
104. According to the complainant, the persecution of real or perceived members of opposition political
parties in an attempt to undermine the ability of the opposition to function amounted to an infringement28 of
Article 10 of the African Charter and of persons because they belong to opposition political parties
amounted to a violation of Article 9 of the African Charter29 .
Allegation of violation of Article 13(1) of the African Charter
105. The Complainant equally alleged a violation of Article 13(1) of the African Charter which provides that
"every citizen shall have the right to participate freely in the government of his country, either directly or
through freely chosen representatives in accordance with the provisions of the law".
106. It is submitted by the Complainant that the alleged victims were abused because of their political
opinions and affiliations, while some of the victims were members of political parties others were not
affiliated to any political party but were assumed to support the opposition and therefore subjected to
abuse.
107. The Complainant argued that the right of people to participate in the government of their countries is
not limited to the casting of votes. In addition to voting for representatives of their choice, people participate
in the government of their country through uninhibited, robust and wide open communication on matters of
government, politics and public issues30 and by freely associating and forming associations for political
ends, adding that, there must always be a general capacity for citizens to join, without interference, in
associations in order to attain various ends31 .
State party's submission on the merits
108. The State contended that there were many allegations in the Communication intended to give an
impression of serious or massive violation of human rights which Zimbabwe proved to be false. The State
indicated that there were many cases alleged to have been reported yet the Police did not have records of
such cases. The State also noted that Complainant did not avail any proof to the Commission that reports
had been made to the Police, neither did Complainant submit any medical reports of the injuries sustained
by some of its clients as a result of the severe and life threatening assaults allegedly perpetrated on the
victims.
109. The State also submitted that the complainant exaggerated the number of deaths some of which were
in fact as a result of natural causes and other causes not related in any way to political violence during the
period in question. That complainant even included people who were still alive and still had not submitted
proof of the death of any of the 74 deceased persons. The State recognized its responsibility under the
Charter to assist the Commission in arriving at the truth, provided the information on which cases had been
reported, their reference numbers both Police and Court and progress made in the investigation of the
matters in order to bring justice to the victims.
110. The State also drew the Commission's attention to the fact that in the Complainant's Submissions on
Merits, they abandoned a number of allegations and had made brazen submissions in respect of some of
the allegations. The State noted that with regards to freedom of expression for example, Complainant's
submissions had always been centered on freedom of the media and the enactment of laws such as the
Access to Information and the Protection of Privacy Act (AIPPA). However, in its Submissions on Merits it
does not make any reference to these allegations other than making reference to paragraph 58
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