not make the State liable for the human rights violations alleged to have been committed by non-state actors. It suffices for the State to demonstrate that the measures taken were proportionate to deal with the situation, which in the present communication, the State seemed to have shown. 211. However, this Commission is of the opinion that by passing the Clemency Order No. 1 of 2000, prohibiting prosecution and setting free perpetrators of "politically motivated crimes", including alleged offences such as abductions, forced imprisonment, arson, destruction of property, kidnappings and other human rights violatins, the State did not only encourage impunity but effectively foreclosed any available avenue for the alleged abuses to be investigated, and prevented victims of crimes and alleged human rights violations from seeking effective remedy and compensation. 212. This act of the state constituted a violation of the victims' right to judicial protection and to have their cause heard under Article 7 (1) of the African Charter. 213. The protection afforded by Article 7 is not limited to the protection of the rights of arrested and detained persons but encompasses the right of every individual to access the relevant judicial bodies competent to have their causes heard and be granted adequate relief. If there appears to be any possibility of an alleged victim succeeding at a hearing, the applicant should be given the benefit of the doubt and allowed to have their matter heard. Adopting laws such as the Clemency Order No. 1 of 2000, that have the effect of eroding this opportunity, renders the victims helpless and deprives them of justice. To borrow from the Inter-American human rights system, the American Declaration of the Rights and Duties of Man90 provides in Article XVIII that every person has the right to "resort to the courts to ensure respect for [their] legal rights," and to have access to a "simple, brief procedure whereby the courts" will protect him or her "from acts of authority that ... violate any fundamental constitutional rights."The right of access is a necessary aspect of the right to "resort to the courts" set forth in Article XVIII.91 The right of access to judicial protection to ensure respect for a legal right requires available and effective recourse for the violation of a right protected under the Charter or the Constitution of the country concerned. 214. In yet another jurisdiction, the Canadian Human Rights Charter92 provides a similar guarantee in section 24(1), which establishes that: "[a]nyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances". The effect of this right is to require the provision of a domestic remedy which enables the relevant judicial authority to deal with the substance of the complaint and grant appropriate relief where required. In addition to the explicit rights to judicial protection, implementation of the overarching objective of the Charter (ensuring the effectiveness of the fundamental rights and freedoms set forth), necessarily requires that judicial and other mechanisms are in place to provide recourse and remedies at the national level. 215. In light of the above, the African Commission holds that by enacting Decree No. 1 of 2000 which foreclosed access to any remedy that might be available to the victims to vindicate their rights, and without putting in place alternative adequate legislative or institutional mechanisms to ensure that perpetrators of the alleged atrocities were punished, and victims of the violations duly compensated or given other avenues to seek effective remedy, the Respondent State did not only prevent the victims from seeking redress, but also encouraged impunity, and thus renaged on its obligation in violation of Articles 1 and 7 (1) of the African Charter. The granting of amnesty to absolve perpetrators of human rights violations from accountability violates the right of victims to an effective remedy.93 Holding For these reasons, the African Commission: Holds that the Republic of Zimbabwe is in violation of Articles 1 and 7 (1) of the African Charter; Calls on the Republic of Zimbabwe to establish a Commission of Inquiry to investigate the causes of the violence which took place from February - June 2000 and bring those responsible for the violence to justice, and identify victims of the violence in order to provide them with just and adequate compensation. Request the Republic of Zimbabwe to report to the African Commission on the implementation of this recommendation during the presentation of its next periodic report. 29