declaration from the Commission to the effect that Zimbabwean law does
not provide for adequate remedies, reparations or just satisfaction for a
violation of the right to life enshrined in Article 4 of the African Charter.
49. The facts also suggest that the Respondent State‟s compensation regime
for Victims who lose their lives as a result of actions caused by state
officials is inadequate and does not provide effective relief and thus a
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violation of the African Charter. It is the view of the African Commission
that the facts as submitted by the Complainant do raise a prima facie case
for human rights violations that warrants consideration by the African
Commission.
50. Furthermore, the assertion by the Respondent State that the deprivation of
the right to life is justifiable under the Constitution of Zimbabwe and that
it is an acceptable derogation of human rights under international law is
not a matter to be analyzed at the Admissibility stage but rather at the
Merits stage of the proceedings. Suffice at this stage of the proceedings to
indicate that although the African Charter does not expressly provide for
the right to adequate remedy, reparation or compensation; this right is a
well-established principle of international law.
51. Therefore, the African Commission does not regard the present
Communication as incompatible with the [Constitutive Act of the African
Union] or the African Charter, and holds that the Communication meets
the requirement of Article 56 (2) of the African Charter.
52. With respect to the exhaustion of local remedies under Article 56(5) of the
African Charter, in order to meet its initial burden, the Complainant has
provided details of cases reported to it of individuals who were killed by
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