46. Article 56(1) of the African Charter provides that communications will be admitted if they indicate their
authors, even if they request anonymity. In the present case the author of this communication is identified
as Mr Obert Chinhamo, he has also not requested that his identity be hidden. The Respondent State has
also been clearly identified as the Republic of Zimbabwe. Therefore the provision of Article 56(1) has been
adequately complied with.
47. Article 56(2) of the African Charter provides that a communication must be compatible with the Charter
of the OAU or with the African Charter on Human and Peoples' Rights. In the present communication, the
Respondent State argues that the communication does not comply with this requirement, that is, the
communication is not compatible with the provisions of the Constitutive Act of the African Union or the
African Charter itself. The State asserts in this regard that, for a complaint to be compatible with the Charter
or the Constitutive Act, it must prove a prima facie violation of the Charter.
48. Compatibility according to the Black's Law Dictionary denotes 'in compliance with' and 'in conformity
with' or [/quote]'not contrary to'[/quote] or 'against'. In this communication, the Complainant alleges among
others, violations of his right to personal integrity and being subjected to intimidation, harassment and
psychological torture, arbitrary detention, violation of freedom of movement and loss of resources
occasioned by the actions of the Respondent State. These allegations do raise a prima facie violation of
human rights, in particular, the right to the security of the person or personal integrity and freedom from
torture guaranteed in the Charter. Complainants submitting communications to the Commission need not
specify which articles of the Charter have been violated, or even which right is being invoked, so long as
they have raised the substance of the issue in question. Based on the above, the African Commission is
satisfied that in the present communication, the requirement of Article 56(2) of the African Charter has been
sufficiently complied with.
49. Article 56(3) of the Charter provides that a communication will be admitted if they are not written in
disparaging or insulting language directed against the State concerned and its institutions or to the
Organisation of African Unity (African Union). In the present case, the communication sent by the
Complainant does not, in the view of this Commission, contain any disparaging or insulting language, and
as a result of this, the requirement of ,Article 56(3) has been fulfilled.
50. Article 56(4) of the Charter provides that the communication must not be based exclusively on news
disseminated through the mass media. This communication was submitted by the Complainant himself and
is his account of his personal experience with the law enforcement agents of the Respondent State. For
this reason he has fulfilled the provision of Article 56(4).
51. Article 56(5) provides that communications to be considered by the African Commission must be sent
after local remedies have been exhausted. The Respondent State contends that the Complainant has not
complied with this requirement. The State argues that there are sufficient and effective local remedies
available to the Complainant in the State, and the Complainant has not sought these remedies before
bringing the present communication before the Commission. On the other hand, the Complainant argues
that since he had to flee the country due to fear for his life, he could not come back to the country to pursue
these local remedies.
52. The rationale for the exhaustion of local remedies is to ensure that before proceedings are brought
before an international body, the State concerned must have the opportunity to remedy the matter through
its own local system. This prevents the international tribunal from acting as a court of first instance rather
than as a body of last resort.5
53. Three major criteria could be deduced from the practice of the Commission in determining compliance
with this requirement, that is: the remedy must be available, effective and sufficient.
54. In Jawara v The Gambia,6 , the Commission stated that "a remedy is considered available if the
petitioner can pursue it without impediment; it is deemed effective if it offers a prospect of success and it is
found sufficient if it is capable of redressing the complaint". In the Jawara Communication, which both
parties have cited, the Commission held that "the existence of a remedy must be sufficiently certain, not
only in theory but also in practice, failing which, it will lack the requisite accessibility and effectiveness.
...Therefore, if the applicant cannot turn to the judiciary of his country because of fear for his life (or even
those of his relatives), local remedies would be considered to be unavailable to him".
55. The Complainant in the present Communication claims that he left his country out of fear for his life due
to intimidation, harassment and torture. He said due to the nature of his work, the agents of the
Respondent State started tracking him with a view to harming and/or killing him. He has also described how
he was treated while in detention, noting that he was denied food, he was not attended to when he
complained of headache, he was refused visit to the toilet, that the conditions in the holding cells were bad
6