that it did investigate some of the allegations and the complainant did not challenge the fact the State
investigated some of the allegations. Based on the evidence before it, the African Commission could not
establish whether there was a discriminatory pattern in the way the police conducted investigations on the
alleged violations. However, the legislative and other measures taken by the government to deal with the
violence does not suggest, in the opinion of the African Commission, a discriminatory pattern.
173. Sometimes a law may be neutral on its face, yet have a disparate impact on a group of people due to
its application. For example, in Yick Wo v. Hopkins,61 Justice Stanley Matthews commented on the
disparity in law enforcement by saying: though the law itself be fair on its face and impartial in appearance,
yet, if applied and administered by public authority with an evil eye and an unequal hand, so as practically
to make unjust and illegal discriminations between persons in similar circumstances, material to their rights,
and the denial of equal justice is still within the prohibition of the [Charter]
174. For there to be equal protection of the law, the law must not only be fairly applied but must be seen to
be fairly applied. Paragraph 9 (3) (a)
× Article 9
3. To the same end, everyone has the right, individually and in association with others, inter alia:
(a) To complain about the policies and actions of individual officials and governmental bodies with regard to
violations of human rights and fundamental freedoms, by petition or other appropriate means, to competent
domestic judicial, administrative or legislative authorities or any other competent authority provided for by
the legal system of the State, which should render their decision on the complaint without undue delay;
(b) To attend public hearings, proceedings and trials so as to form an opinion on their compliance with
national law and applicable international obligations and commitments;
(c) To offer and provide professionally qualified legal assistance or other relevant advice and assistance in
defending human rights and fundamental freedoms.
of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote
and Protect Universally Recognized Human Rights and Fundamental Freedoms62 provides that everyone
must be given the right to complain about the policies and actions of individual officials and governmental
bodies with regard to violations of human rights and fundamental freedoms, by petition or other appropriate
means, to competent domestic judicial, administrative or legislative authorities or any other competent
authority provided for by the legal system of the State, which should render their decision on the complaint
without undue delay.
175. The complainant in the present communication claims that the police selectively enforced the law to
the prejudice of the victims - that the police refused to record and investigate complaints filed by the
victims. Due to the above behaviour of the Police, the complainant concludes that the conduct amounted
unequal protection of the law in a violation of Article 3(2) of the Charter. The State on its part holds that the
police was deployed in all areas where violence was reported and because of the widespread nature of the
violence and the scanty information provided to the police by the victims, the police could not effectively
investigate all the allegations. The complainant provided unsigned statements to the Commission of
persons who reported their cases to the police but were either turned away or the cases were not
investigated.
176. While the African Commission cannot dispute the fact that the alleged victims did complain to the
police or that they made declarations to the Complainant about the alleged conduct of the police and while
the African Commission cannot confirm or deny the allegations against the police, the fact that the
declarations submitted by the Complainant were not made under oath or corroborated by sworn affidavits
makes it difficult to ascertain their authenticity. This Commission cannot accept the Complainant's
submission that the newspaper articles attached to the communication as appendix two corroborate the
statements allegedly made by the alleged victims. The African Commission can therefore not rely on these
declarations to conclude that the alleged victims were victimised, discriminated or denied equal protection
of the law.
177. With respect to allegations of violation of Articles 4 and 5 of the African Charter, the Complainant
alleges that extra-judicial executions and torture were perpetrated by supporters of the ZANU (PF) and the
war veterans.
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