and does not effectively remedy the violations suffered (wrongful killing as a
result of police assault).
136.
The African Commission is therefore convinced that the relations of the
deceased persons; Noah Kazingachire in his capacity as the father, legal heir
and next of kin of the late Beaven Tatenda Kazingachire; John Chisenga in his
capacity as the father, legal heir and next of kin of the late Munyaradzi Never
Chitsenga; Elias Chemvura in his capacity as the brother, legal heir and next
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of kin of the late Lameck Chemvura; and the estate of the late Batanai Hadzisi
are entitled to effective and satisfactory compensation. As noted above, the
compensation shall cover any financially assessable damage and the
satisfaction shall consist in an acknowledgment of the breach and a formal
apology.
137.
The right to life constitutes a norm of customary international law and is
one of the central rights recognized in international human rights treaties.
Article 4 of the African Charter provides that:
“Human beings are inviolable. Every human being shall be entitled to
respect for his life and the integrity of his person. No one may be
arbitrarily deprived of this right”.
Article 3 of the Universal Declaration of Human Rights states that “everyone has
the right to life, liberty and security of person,” while article 6 (1) of the
International Covenant on Civil and Political Rights states that “every human
being has the inherent right to life, [which] shall be protected by law, and [that]
no one shall be arbitrarily deprived of his life.”
138.
In Forum of Conscience v Sierra Leone,29 the African Commission held that
“the right to life is the fulcrum of all other rights. It is the fountain through
which all other rights flow and any violation of this right without due process
29
Communication 223/98
38