amounts to arbitrary deprivation of life.”30The right to life is therefore the
foundational, or bedrock human right.31
139.
International human rights law therefore requires the Respondent State to
both respect and ensure the right to life. The Respondent State has an
obligation to prevent the wrongful deaths of its citizens. The Respondent
State has to ensure that its organs respect the life of persons within its
jurisdiction. The African Commission is of the view that the Respondent State
AC
HP
R
failed in its obligation of respecting and ensuring the right to life of Beavan
Tatenda Kazangachire, Munyaradzi Never Chitsenga and Batanai Hadzisi.
Their death was as a result of the use of excessive and wrongful force by the
law enforcement agents of the Respondent State. Accordingly, the African
Commission finds for the Complainant that the Respondent State has violated
Article 4 of the African Charter.
140.
In considering the alleged violation of Article 1, the African Commission
notes its decision in Jawara v The Gambia32 where it held that “Article 1 gives
the Charter the legally binding character always attributed to international
treaties of this sort. Therefore a violation of any provision of the Charter
automatically means a violation of Article 1.”
141.
In the case of Commission Nationale des Droits de l’homme et des Libertes v
Chad,33 the African Commission stated that “the Charter specifies in article 1
that the state parties shall not only recognize the rights, duties and freedoms
adopted by the Charter, but they should also undertake…measures to give
effect to them. In other words, if a state neglects to ensure the rights in the
30
31
Id, para 19
General Comments Nos. 6 and 14 to the International Covenant on Economic, Social and
Cultural Rights, see document HRI/GEN/1/Rev.8, pp. 166 and 178, respectively, para. 1
32
Communications 147/95, 149/96, para 46
33
Communication 74/92, para 20
39