R
AC
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
160. The Complainant maintains that t e Victim was not afforded a fair
hearing and that the sentence imposediby the 4th Parliament of Zimbabwe
was grossly disproportionate to the offence committed. It contends that
imposing a term of 12 months imprisonment with hard labour for an
incident that could arguably be labelled a petty squabble between political
rivals, is clearly unbalanced.
161. Further, the Complainant submits that the Respondent State's
assertion that the actions of Parliamen~ are beyond reproach because they
conf~rm~d t~ th~ constit~ti?na~ dispe+sation prev.ailing ~n.Zimbabwe at
the time IS misguided, as It IS trite law that dome
VISIOnscannot be
invoked to justify non-compliance with treaty 0
ati
Alleged violation of Article 4, 5, 6 of the Mri~:l1! Charf
'
162.TheComplairu:nt
contendsthat'~_R;:~~~dent
investigate all allegations of crim s co~~t~edJ~ithin
its
};)ry,which it
has failed to do in this case aDd .the £ew'fr!:lJ~fimces
it ha
one so, by its
own admission, there
bee
J prd~~c:utions conducted by the
Prosecutor General.
,
163. The Complai1}Cl,1J:t;;:!)~otes
State refers to the
withdrawal of ,:<:charges''''as a
for
Victim's denial of legal
representation. ,]J submits that in
I Comment 32, the United Nations
Human Rights ','~<?mmittee noted tli !.} "the right to communicate with
counsel requires-that the accused, is granted prompt access to counsel."46
Thusj:1S~~plainant,?~~es
tha~ ~~efactjthat no. charges were filed does not
mean t ,'. e ComplalUct(l,t:snglits were not VIOlated.
'"
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"
:.:,·"""t,,,
I
Alleged violati ,;,~o",: ti~,I~?%9;(;11,13, 14 and 18 of the African Charter
164~ol!~~~~:::~:n::h:~~:ll~~t:~;;e~~~ ::~~~;:7p::~~
the socio-economic life of the peopf of Chimanimani. Therefore the
Complainant contends that the Resporklent cannot hide behind historical
injustices to avoid its responsibilities to [the Victim.
~~,
~\l!J\AN
A"'-'D~'
~<'
v~'C.IARIAr
I
The Commission's
analysis on the Merits
~o-o~.
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46 UN Human
1>':
'-':
Rights Committee (HRC), General comm~nt no. 32, Article 14, Right to equall
courts and tribunals and to fair trial, 23 August 2007, CCPRlC/GC/32.
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Page 35 of 55
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