38. Furthermore, still substantiating on the vagueness of the Complaint, the
Respondent State submits that the Complainant describes the Victim as a
student leader who was involved in peaceful marches to the general
welfare of students in the country, and at the same time describes him as a
Human Right Lawyer who was representing members of the MDC Party
in legal matters.
39. According to the Respondent State, the facts in the Communication lack
clarity and consistency and do not fall within the rationae materiae of the
African Commission.
40. As far as Article 56(5) is concerned, the Respondent State refers to the
Complainant‟s submissions that the Victim could not exhaust local
remedies because he was forced to flee the country. While quoting Section
24(1) of the Constitution of Zimbabwe, the Respondent State submits that this
Section is clear to the effect that anyone who believes that his or her rights
are being violated can approach the Supreme Court for redress. Section
24(1) of the 2009 Constitution of Zimbabwe provides that:
If any person alleges that the Declaration of Rights has been, is being or is
likely to be contravened in relation to him (or, in the case of a person who
is detained, if any other person alleges such a contravention in relation to
the detained person), then, without prejudice to any other action with
respect to the same matter which is lawfully available, that person (or
that other person) may, subject to the provisions of subsection (3), apply
to the Supreme Court for redress.
41. The Respondent State submits that it is not a legal requirement for a
Complainant to be physically present in the country in order to access
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