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ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility Vinter v The United Kingdom that the iwhole life order' which provided convicted persons no possibility of I parole or release irrespective of rehabilitation or good behaviour violated Article 3 of the European Convention on Human Rights (prohibition'against inhuman treatmentj.v' 199. Distinguished from the above m~tter, the present Communication focuses on the excessive nature of the punishment, in relation to the offence for which the sentence was ikposed. In assessing whether the sentence was indeed grossly disproportionate, the Commission must consider the gravity of the offence, the personal characteristics of the victim, and the particular circumstances of the case, " '. In this regard, the Commission jbserves ••,~t in :Ovil Application 16/05 Roy Leslie Bennett v Emmerson Dr~b,1!-_iZ? Mriti'ng!!gzva'E:t.. ~ ..£t~!!r;, the 200. Supreme Court of Zimbabwe succ.i,¢tlY' tp~8Fned,,:~he gravitX/,of the Victim's offence in page 28 of its decision wher¢1it noted'that " ... an assault I·" .;: ,. Ii_~}}' . _.;' _.' . on a Minister of Government and ~I1~j':;,J_.ea;~er of the"I1,ause during Parliamentary proceedings J.11U'strahk··';'1~w.:6ngstthe worst cases of contempt of Parliament. It is akin ass11t1:¥~~:~.g a judge during court 64 proceedings." Thus, while the offence of 'cqmwon assault' such as shoving a person~ ma,~:ri.ot'()f4~~arily/bF:~9n~ider~~';sufficiently harmful ~o warrant a custodial. sent~nce,·tlie,C::OmmISSlOn'Cpnsidersthat the context m which the assault' occu~red aimravatcid the severity of the punishment imposed. Also.ithe Commission note~ the observations of the Supreme Court t~at. in addition to v~ol.ati~g th~laignity of Parliament, evidence on record indicated that the Victim "(pragged and boasted about what he had done(';t?5,further aggravating the:i~cideht. ', ::",.. ' ' :'1,:i}):~"E;6:~j' I 201. On \t:p.e -criteria of p'ersonaI characteristics of the Victim, the Commission in Huri-laue v Nigeria ha~ held that treatment impugned as torture, cruel, inhuman or degradin~ must attain a minimum level of severity.w Determining this level of I severity is largely dependent on variables such as the duration of th~ treatment, its physical or mental effect, the age; sex and state of health of the Victim.r" No argument or evidence has been advanced as to wHether the physical condition of the Victim made the prison sentence mucH more severe than would otherwise be the case. I tf Vinter and Others v. The United Kingdom ECtHR 11JUIY 2013) Application 66069/09, 130/1~1~~ ~~~~~f-1AR/,qr 1 paras 110 to 111. 389610 0 e:,":-c 64 Civil Application 16/05 - Roy Leslie Bennett v Ermlerson Dambudzo Mnangagwa &/~f5ther .'. (Annex I of the Complainant's Merits submission) 28. fIB (~ 65 (As above) 29. 66 Communication 225/98 - Huri-lauis v Nigeria para , 41. t~~ '6 II lIA ,'(j.~ A· 67 Ireland v. United Kingdom, ECtHR (13 December 1,977) Application 5310/71 para 16~J'\.~ ~J' 63 ;7 I I I I I d:i '.,\ ' Page 45 "," <'0", «<"', u.I IJ-il'. ~~~I ~~~ i5;;i,J j 9:" ~~Q" 'V<i; 0'/0 t.:; "v 4':RICJ>.\~":- -0(/,v 5541" of-S \'~ , ~ - '

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Communication 298/05 - Roy Bennett (Represented by Zimbabwe Lawyers for Human Rights) v. Zimbabwe

ACHPR Decision

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Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Damages and Compensation
Equality
Equality Before the Law
Freedom from Discrimination
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Opinion
Investigation
Land Expropriation
Land Rights
Participation in Government
Personal Liberty
Protection of Family and Vulnerable Groups
Right to Fair Trial
Right to Property
Torture and Ill Treatment

Case Head Notes: During a parliamentary debate, the Victim was verbally assaulted by the Minister of Justice and became so upset that he pushed the Minister of Justice to the ground. A parliamentary committee was established to try the Victim for contempt of Parliament, and the Victim was found guilty of contempt and sentenced to 12 months in prison with hard labour. The Complainant states that the trial was a continuation of a targeted campaign against the Victim, in which attacks were made on his farm and against him, his wife, and the workers on his farm. Additionally, the Complainant states that the Victim had his land confiscated by the Respondent State. The Commission found a violation of Article 2, stating that even though the perpetrators, who invaded the Victim's land, were not acting in pursuance of the government's policy, the fact that their actions were linked to the President's speech, where he singled out the victim for his political views, established a sufficient link between the actions of the Respondent State's discriminatory stance against the Victim's political views, and the harm suffered by the Victim, to constitute a violation of Article 2. The Commission found violations of Articles 3 and 5 because the Respondent State failed to investigate and try the perpetrators who assaulted the Victim and his wife. The Commission found a violation of Article 6 stating that detaining the Victim without allowing him access to a legal representative of his choice violated Article 6. The Commission found a violation of Article 7 stating that, in the Parliamentary hearing, the Chairperson exercised the dual function of being the Complainant and the adjudicator, contravening the appropriate safeguards of natural justice that should have been followed. The Commission found violations of Articles 10, 11 and 13, stating that the President's speech, which targeted the Victim because of his political association and opinion, motivated the attacks against the Victim, and therefore contravened his right to freedom of expression, association and participation in government. The Commission found a violation of Article 14 stating that, while the Respondent State may legitimately expropriate land in support of public interest, a key requirement is that there must be appropriate and timely compensation and, in the present case, the delay in compensation, and the manner in which the land was confiscated, violated Article 14. The Commission found a violation of Article 18 because the Respondent State failed to investigate and prosecute the perpetrators of the attack against the victim and his family, and further because it was the speech of the President that incited the attacks against the Victim. The Commission found that the Respondent State's failure to protect the Victim's Charter rights also means that Article 1 was violated. The Commission requested the Respondent State to pay fair and adequate compensation to the victim for the acquisition of his property, and the loss of his equipment and livestock, in accordance with the principles guiding expropriation of private property under international law. The Commission also requested the Respondent State to independently investigate and punish all non-State actors responsible for the attacks against the Victim and his family and to report back to the Commission on the measures taken to implement the recommendations.

Country

Zimbabwe

Outcome: Decided on Merits

Year Decided: Mar 9, 2022

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 7.1: Right to be Heard
ACHPR 1: General Obligations
ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 13: Right to Participate in Government
ACHPR 14: Right to Property
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 10: Right to Freedom of Association
ACHPR 10.1: Freedom of association
ACHPR 11: Right to Freedom of Assembly
ACHPR 13: Right to Participate in Government
ACHPR 13.1: Right to participate freely in government
ACHPR 14: Right to Property
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure

Feb 3, 2005 ~ Mar 9, 2022

Country Geolocation

Latitude: -19.015438

Longitude: 29.154857

Country Geolocation (linked ACHPR Decision): Zimbabwe

Primary Documents

Roy Bennett (Represented by Zimbabwe Lawyers for Human Rights) v Zimbabwe.pdf
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African Human Rights CLA 2.0

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Communication 298/05 - Roy Bennett (Represented by Zimbabwe Lawyers for Human Rights) v. Zimbabwe

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