122.
International human rights law proceeds from what is called the
protection of life principle. This principle entails that while life may not be
sacrificed to protect other values, under closely defined circumstances one life
may be taken as a last resort in order to protect another life or lives.23 The use
of lethal force in the case of Beavan Tatenda Kazangachire and Munyaradzi
Never Chitsenga was not done as an act of last resort to protect lives.
Therefore the use of lethal force by the police was not justified.
From the above analysis, the African Commission is of the view that the
AC
HP
R
123.
use of lethal force by the law enforcement officials of the Respondent State
leading to the death of Beavan Tatenda Kazangachire and Munyaradzi Never
Chitsenga was not proportional and necessary in the given situation; and
therefore it is arbitrary, excessive, wrongful and unlawful.
124.
In the case of Batanai Hadzisi, the post-mortem report shows that the
deceased had five broken ribs and the cause of death was “asphyxiation
secondary to bilateral lungs contusion and rib cage soft tissue injuries”. The
Respondent State agrees to the fact that the death of Batanai Hadzisi occurred
as a result of police actions whilst they were carrying out their duties. An
inquest was held and the Magistrate ruled that the police were to blame for
the death of the deceased. A police officer was charged with the murder of
the deceased and police offered funeral expenses. The African Commission is
therefore satisfied that Batanai Hadzisi died as a result of injuries sustained
from police assault. The said policemen were called to disperse University of
Zimbabwe students who were demonstrating.
125.
In the case of Lameck Chemvura, the certificate of death shows cause of
death as “intra canial heamorhage secondary to assault.” Lameck Chemvura died
23UN
Doc. A/66/330, Report of the Special Rapporteur of the Human Rights Council on
extrajudicial, summary or arbitrary executions, Para 26
34