death in the Zimbabwean jurisdiction. The Complainant submits that the
right to remedies or reparation is a well-established principle of
international law.
36. Regarding Article 56(3) of the African Charter, the Complainant avers that
the Communication is not written in disparaging or insulting language
directed to the Respondent State.
AC
HP
R
37. Concerning Article 56(4) of the African Charter, the Complainant indicates
that the violations alleged are not based on reports gathered from press
reports. It notes that the alleged violations are based on reports received
from the families of the deceased and official documentation, as well as
communications from the prosecuting authorities.
38. The Complainant notes that Article 56(5) requires that Communications
shall be admissible only if the petitioner has exhausted the remedies
available domestically, provided these are not unduly prolonged. It
further notes that in practice and through its jurisprudence, the African
Commission has three other conditions that must be satisfied for the rule
to apply, namely, the remedy must be available, effective and sufficient.
39. The Complainant avers that it has successfully discharged the onus to
prove that in Zimbabwe there are no adequate and effective remedies that
the Complainant or the victims on whose behalf this Communication is
filed could be required to exhaust before approaching the African
Commission.
40. The Complainant submits that the present Communication alleges a
violation of Articles 1 and 4 of the African Charter. It notes that the basis
of these violations is that Zimbabwean Law does not provide for adequate
9