A
R
African Commission on
Human and Peoples' Righ~s
Human Rights our
Collective Responsibility
Charleswood farm, Chimanimani
owned by the Victim. The
Respondent State avers that Viola N
ha~ alleged that she was raped at
the farm by one Chamunorwa Muusha,
the matter was investigated by the
police under the Criminal Investigations I
Mutare and the crime
docket referred to the Attorney General' s ~ ......
~'-'I
139.
In respect of the alleged cases of
, the Respondent State submits
that it is only aware of the murder of
IManyenyekwa of the same farm. It
submits that the police are yet to finalise
investigations hence, the alleged
case of murder is still pending. The 1<o" ......"."
State avers that progress in
bringing these cases to finality is impeded
the fact
the accused and
witnesses, including the Victim could not
140.
With regards to the miscarriage s
the alleged actions of ZANU PF sup
knowledge of such incident, and cOllte:m:(i:IJl;k
comprehensive facts pertaining to Jtte
investigated, and would have b~en:{~Jna
allegations raised.
;.
141.
The Respondent ~f~t~
'~;:
:
were clearly not
State agents, as the ~~gpdl:J,~",
",
and wooden clubs,
are a clear indicatioI1fi!l1atthey'were "'Hf';,I..;'~,,,
• Therefore, it contends that
since the violations i~pmplained of
sanctioned by the State but were
actions of opportuni~~iE criminals who to():J,<[,'aavantage
of the situation, liability
can thus not be attrib] >'/ to the State.'~)i
":,
Alleged vior~t*:Qn:of Artie
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il:
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by the Complainant as it
142. The R~~pogaenj::;~JFl:~Y'
denies all ~~-r-'-h~
relates to 'the':'allege'~;j:tihlawful and
y arrest of the Victim on 9
of access to legal representation.
October 2002i"and the subsequent