State notes, does not fall within international law or conventions, which the
African Commission may draw inspiration from as provided for in Article 60
of the African Charter.
104.
The Complainant submits that the relatives of the deceased persons “were
psychologically traumatized and emotionally torn by the circumstances of
these killings.” They hold that in not making it possible for the victims‟ next
of kin to seek reparations, the Respondent State is in violation of Article 1 of
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the Charter which direct State parties to “adopt legislative or other measures
to give effect to” the rights protected under the Charter.
105.
The African Commission will now address the deaths of Beavan Tatenda
Kazangachire and Munyaradzi Never Chitsenga. The two cases involved the
use of firearms by law enforcement agents. A pathologist who conducted the
post mortem ruled that Beavan Tatenda died of “severe haemorrhage
secondary to gunshot wound injuries.” The police on a “without prejudice
basis” accepted responsibility and provided for all the funeral expenses for
the burial of the child. The police officer who fired the fatal shot is facing a
charge of culpable homicide under Chitungwiza CR419/01/01. The matter at
the time of the submission on merits was described as awaiting trial.
106.
In the case of Munyaradzi Never Chitsenga an inquest was conducted by
a Magistrate for the province of Mashonaland East sitting at Chitungwiza.
The Magistrate ruled that death was caused by a gunshot wound and that
“nobody is to be prosecuted as the accident was justified.”
107.
Regarding the use of force by law enforcement officials, The African
Commission notes the report of the Special Rapporteur of the Human Rights
Council on extrajudicial, summary or arbitrary executions. 9 According to the
report, lethal (or deadly) force in the course of law enforcement may occur in
9
UN Doc. A/66/330
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