as a result of being beaten by members of the Zimbabwean National Army. It
is not in dispute that the death of Lameck Chemvura is the result of actions
taken by members of the army. The Respondent State arrested the army
officer suspected to have caused the death of Lameck Chemvura and he is
going to be prosecuted in accordance with the laws of the Respondent State.
The Respondent State however argues that it is not responsible for the death
of the deceased as the incident was as a result of the unsanctioned activities
126.
AC
HP
R
by the members of the army.
The issue here for the African Commission is to determine the question of
the responsibility of the Respondent State in the deaths of Batanai Hadzisi
and Lameck Chemvura; and secondly whether the Respondent State has to
give just and satisfactory compensation to the close relatives of the deceased
persons.
127.
Human rights law and the international law on State responsibility
require that individuals should have an effective remedy when their rights
are violated, and that the State must provide reparations for its own
violations. States must ensure that victims‟ families are able to enforce their
right to compensation through judicial remedies where necessary.24
128.
The African Commission recalls that according to the law of the
Respondent State, the claim for damages does not support claims for the
wrongful death of a person per se. In order for one to succeed in a claim for
damages situations where persons are wrongfully killed, the claimant must
prove loss of support.
129.
According to the Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International
24See
ICCPR, art 2(3); Human Rights Committee, General Comment 31, “Nature of the General
Legal Obligation on States Parties to the Covenant” (2004), para. 16
35