AC African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility Alleged violation of Articles 7 of the AfriJan Charter , I 98. The Complainant submits that the proceedings conducted by the Privileges Committee of the 4th Parliament of Zimbabwe violated the Victim's right to a fair hearing by an independent and impartial court or adjudicating body as prescribed in Arti~le 7 of the African Charter. 99. The Complainant submits that in ALnesty International, Comiie Loosli Bachelard, Lawyers' 'Committee for Huma~ Rights, Association of Members of the Episcopal Conference of East Africa v Sudan the CO!ll.1:l)~~~ipn held that all the provisions of Article 7 of the African :Charte+,~;M~~"fuu.hlally dependent, and where the right to be heard is in£~inged~'":Q!b:! vio\~fions may occur, such as detentions being rendered arbitrar . Espec;ian~>B>~p>siti~e is the definition of "competent", which enco I acets'~:~i~h"cl~::~ii~,':~S:¢p~rtise of the judges and the inherent j]¥. of t laws':;'~i,~er which they operate" .39 " "'"',,S,\;, ",l ;,,:1': ., " .",.. <'" •~~" .~:;. "\.-,~,:,,>. • .:. <' The Complainant argye{ thdt(,~£ the ent Co~unication, the Victim's right to have Dls~;;causehea~ij;:~was by the fact that the Privileges Committe~tri\~11¥~:~f0m.g,9§~~~tLmem,f~.ers of the ruling party, 100. ~! ~~N~o~::n;!il;lr'~~S~:c' ,IJer~;, ~~~~),:~t~~;:~~:e;::; which the Vicfi~, belonged. The '~~laJnant submits that as a result of this compositio Jhe Privileges ~o~tt~e was biased and retributive in their application ';the law. ;~ . ~~~ '\' ALi Th~:~"?,~R~~i~anf ~~'~I~~P!nits tH(atthe Respondent State ~ay. argue that wh.'~n"<E~a!ll9;ment IS dealing WIth contempt offences, It IS not exercising-a criihiqaL'J?~.civil jurisdiction, rather a sui generis jurisdiction expressly authoris~d'By':'the Constitutidn of Zimbabwe. The Complainant however contends that the former Con~titution of Zimbabwe in so far as it permitted Parliament to be judge in its bwn case, is in violation of Article 7 of the African Charter. : 101. I The Complainant submits that the 4th Parliament of Zimbabwe imposed a criminal penalty of 12 months imprisonment with hard labour, without meeting the burden of proof n~cessary in criminal matters, which is proof beyond reasonable doubt. It Avers that the Victim should have been tried by a competent court of la~, where due process would, ~~~'~\\, 102. ~ c:rt£.IAR/4r I~~ 39 Communication 48/90-50/91-52/91-89/93 It! - Amnesty International, Comite Loosl{iach Law_yers' Committee for Human Rights, Association of Africa v Sudan para 62. ..0.::: ~';' ":>~ O.<l~ ardi:c.;" ' III ~~ <(0 \ 1Mem bers of the Episcopal confef'~ce 0 Eas: <!::J s ;,'" ~ Page" 2 o~ ~\~ \ rt- -;., " c-. "~ ~ ~~~ i5;;i UA ,g: ~R$J II. AU' .... <;:"J<4""RICP.\ ~-0 ItOMI\1E ET O€.S \' ~"'~...-~- > ' .: I ' '

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