Nixon Nyikadzino v Zimbabwe
68. Article 56(2) of the African Charter provides that a Communication should be
compatible with the Charter or the Constitutive Act of the African Union. With regards
to this requirement, the Complainant is of the view that the Communication reveals a
prima Jacie violation as it alleges a violation of Articles 1, 4, 5, 6 and 10 of the Charter. The
Respondent State, on the other hand, argues that the allegations are made without
giving any details as to how the articles are violated, and that the facts as presented do
not show prima facie violations. Based on this premise the Respondent State concludes
that the facts and issues in dispute do not fall within the rationae materiae jurisdiction of
the Commission.
69. As the well-established jurisprudence of the African Commission provides prima facie
violation of the provisions of the Charter is said to have occurred "when the facts
presented in the Complaint show that a human rights violation has likely occurred" 19 .
70. In line with the above requirement, the Complainant in part two (paragraphs 2.1 to 2.9)
of its submissions succinctly narrates how the Victim allegedly suffered, among others,
from acts of torture, inhumane and degrading treatment in the hands of suspected
members of the military intelligence in the Zimbabwe Defense Force while he was in
Zimbabwe. In Section four (paragraphs 4.1 to 4.6) of its submissions, the Complainant
tries to show how the alleged acts of the Respondent State violate Articles 1, 4, 5, 6 and
10 of the Charter. Moreover, the Complainant has attached some documentary
evidences to corroborate its allegations.20
71. Therefore, the African Commission is convinced that the facts of the Complaint together
with the evidences presented and the link made with the provisions of the African
19
Communication 306/05 - Samuel T. Muzerengwa and 110 Others (represented by Zimbabwe Lawyers for Human
Rights) v Zimbabwe (2011) ACHPR para. 56.
20
The facts of the case are summarized in this decision under 'summary of the Complaint'
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11 th Extraordinary Session of the ACHPR