of persons who committed the alleged violations, and testimony of
witnesses could corroborate the arguments put forward by the
Complainant.
64. However, in the absence of the annexes mentioned by the Complainant,
the Commission cannot help but agree with the Respondent State that the
Communication is vague. The reason being that the allegations are not
substantiated, and also do not provide enough ground to establish the
element of fear as claimed by the Complainant. This position was also
taken by the African Commission in Obert Chinhamo v Zimbabwe,9
whose facts are similar to the present Communication.
65. In Obert Chinhamo v Zimbabwe, the Complainant claimed that that he
left his country out of fear for his life due to intimidation, harassment and
torture. He described how he was treated while in detention, noting
amongst other things that he was denied food, and that the conditions in
the cells were bad – smelly, small, and that the toilets were overflowing
with urine and other human waste.10 The Commission ruled that the
Complainant simply made general allegations without corroborating
them with documentary evidence or testimony of others.11 The
Commission further held that the Complainant:
…has not shown…the danger he found himself in that necessitated his
fleeing the country. Without concrete evidence to support the allegations
made by the complainant, the Commission cannot hold the Respondent
State responsible for whatever harassment, intimidation and threats that
9
n 7 above.
10
Ibid, para 76.
11
n above.
17