56. In view of the above, the African Commission decides to declare the Communication Admissible with respect to Article 56 of the African Charter. The Merits Complainant’s Submissions on the Merits The Complainant recalls that in terms of Article 60 of the African Charter, AC HP R 57. the African Commission “is urged to draw inspirations from international law”, and that the matter before the African Commission involves the concept of wrongful death, a concept drawn from English law, especially Section 1(1) of the Fatal Accidents Act according to which “[i]f a death is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured.” 58. The Complainant also notes that the proceedings that would have been instituted by the deceased if he had not died can be initiated by his dependants. The Communication further alleges that Zimbabwean law makes no room for compensation in case of wrongful death, except funeral expenses reimbursement and loss of support to children or the surviving spouse. There is no provision for bereavement damages. It is submitted that this lacuna is a violation of Articles 1 and 4 of the African Charter. 59. The Complainant alleges that the deceased persons referred to in the Communication, namely Beaven Tatenda Kazingachire, Munyaradzi Never Chitsenga, Lameck Chemvura and Batanai Hadzisi were unlawfully, wantonly and willfully shot or beaten to death by the police. The Complainant notes that other persons who were with the deceased when they 14