remedies, reparations or just satisfaction for a violation of the right to life
enshrined in Article 4 of the African Charter.
41. The Complainant avers that the relatives of the deceased were unable to
sue for adequate compensation for the wrongful deaths because that
remedy is not recognized under Zimbabwean law.
42. The Complainant states that the burden therefore shifts to the Respondent
AC
HP
R
State to proof that remedies exist, and relate the remedies to the
circumstances of this case, showing clearly how the remedies might
provide adequate redress under such circumstances.
43. Finally, with respect to Article 56(7) of the African Charter, the
Complainant submits that the matter is not pending in another
proceeding, nor does it duplicate any petition already examined by the
African Commission, or any other international tribunal.
The Respondent State’s Submissions on Admissibility
44. The Respondent State argues that the Communication is improperly
brought before the African Commission for two reasons – first, that it is
incompatible
with
the
African
Charter
and
secondly,
that
the
Complainants have not exhausted local remedies.
45. On the question of incompatibility with the African Charter, the
Respondent State notes that the deprivation of life is justifiable under the
Constitution of Zimbabwe and an acceptable
derogation under
international law. The Respondent State argues that the actions that led to
the death of the deceased persons and the reaction of the Respondent State
thereto were in no way in contravention of the laws of Zimbabwe and
10